FREE BOOKS

Author's List




PREV.   NEXT  
|<   179   180   181   182   183   184   185   186   187   188   189   190   191   192   193   194   195   196   197   198   199   200   201   202   203  
204   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223   224   225   226   227   228   >>   >|  
rence to our judicial proceedings. The Law Courts are the bulwark of our liberties, our life, and our property. Our welfare would be jeopardized, indeed, if you dismiss what takes place in them as 'familiar jargon.' "The question is whether the charge has been so reasonably brought home to the prisoner as to lead you in your consciences to believe that he is guilty. If so, it is your duty to God, your duty to society, and your duty to yourselves, to say so." Such was the summing up that was arraigned by the humanitarian partisans of the prisoner. If a Judge may not deal with the fallacies of a defence by placing before the jury the true trend of the evidence, what other business has he on the Bench? And it was for thus clearly defining the issue that some one suggested a petition for a reprieve, on the ground that the evidence was _purely circumstantial_, and that my "summing up was against _the weight of the evidence_." Truly a strange thing that circumstances by themselves shall have no weight. But there was another strange incident in this remarkable trial: _the jury thanked me for the pains I had taken in the case_. I told them I looked for no thanks, but was grateful, nevertheless. I have learnt that the jury, on retiring, deposited every one on a slip of paper the word "Guilty" without any previous consultation--a sufficient indication of their opinion of the _weight_ of the evidence. This was the last case of any importance which I tried on circuit, and if any trial could show the value of circumstantial evidence, it was this one. It left the identity of the prisoner and the conclusion of fact demonstrable almost to mathematical certainty. A supposed eye-witness might have said: "I saw him write the paper, and I saw him administer the poison." It would not have added to the weight of the evidence. The witness might have lied. CHAPTER XXXVI. A NIGHT AT NOTTINGHAM. Ever since the establishment of itinerant justices, now considerably over seven hundred years, going circuit has been an interesting and important ceremony, attended with great pomp and circumstance. I had intended to give a sketch of my own drawing of this great function, but an esteemed friend, who is a lover of the picturesque, has sent me an interesting description of one of my own itineraries, and I insert it with the more pleasure because I could not describe things from his point of view, and even if I could, might lay
PREV.   NEXT  
|<   179   180   181   182   183   184   185   186   187   188   189   190   191   192   193   194   195   196   197   198   199   200   201   202   203  
204   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223   224   225   226   227   228   >>   >|  



Top keywords:

evidence

 

weight

 

prisoner

 

summing

 

circuit

 

interesting

 
witness
 
circumstantial
 

strange

 

indication


previous

 

opinion

 

consultation

 

sufficient

 

administer

 

identity

 

demonstrable

 

conclusion

 

mathematical

 
importance

certainty

 

supposed

 

picturesque

 

description

 

itineraries

 

friend

 

sketch

 

drawing

 
function
 

esteemed


insert

 

pleasure

 

describe

 

things

 

intended

 
NOTTINGHAM
 

establishment

 

itinerant

 

CHAPTER

 

justices


ceremony

 
attended
 

circumstance

 

important

 

considerably

 

hundred

 
poison
 

incident

 

guilty

 
society