t before the commons
at the commencement of the present session. The bill was introduced by
Mr. Ewart, and it passed the commons by a great majority. The second
reading of the bill in the house of lords was moved by Lord Lyndhurst,
who descanted at large on the justice and reasonableness of the bill
in its principle, although he did not approve of all its details. Lords
Denman and Wynford also spoke in favour of the principles of the bill,
and it was accordingly read a second time without opposition. In the
committee, however, several amendments and alterations were made upon
the bill, none of which were of great practical importance except one,
and all of which, except that one, were agreed to by the commons. It
frequently happened that persons were tried for felony where no counsel
were present, and by this bill the privileges of the counsel were
extended to attornies. The bill, as it came up from the commons,
contained a clause entitling the accused to copies of the depositions
upon which he had been committed. This clause was struck out, on the
ground that the rights of a prisoner in this respect were already
settled by law; but, to prevent all doubt upon the subject, a clause
declaratory of the right was again introduced, before the bill finally
passed the lords. A more important matter, however, regarded the right
of the prisoner to have the last word. As the bill passed the commons,
this right was established; but the clause enacting that he should
possess that right was struck out, and the effect of the alteration
was to make the practice the same as in cases of misdemeanour, and in
criminal cases, giving the last word to the prisoner, only in the event
of his adducing no evidence. The bill now consisted of this simple
enactment:--"That all persons tried for felony shall be admitted, after
the close of the case for the prosecution, to make full answer and
defence thereto by counsel learned in the law, or by attorney in courts,
where attornies practise as counsel." When the bill as amended by the
lords came to be taken into consideration by the commons, its supporters
argued that, as it now stood, it conferred no real advantage, and
that it would be better to leave to prisoners the benefit of the
commiseration which the state of the law, such as it was at present,
induced, than to deprive them of it without giving them anything
substantive in return. It was resolved that the lords' amendments should
be referred to