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Blackwood's Edinburgh Magazine, Vol. 68, No 420, October 1850. Various
Читать онлайн.Название Blackwood's Edinburgh Magazine, Vol. 68, No 420, October 1850
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Автор произведения Various
Жанр Книги о Путешествиях
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"Attorney-General.– You took an interest, I suppose, in Vincent? —A. I did so.
"Attorney-General.– You had not been told that there was to be any meeting for Vincent on the 4th of November, had you? —A. No.
"Attorney-General.– You, living at Newport, can tell us that there was no notice by placard, or in any other way, of a meeting to be held on the 4th November? —A. I never saw any.
"Attorney-General.—Nor heard of any?—A. No."
Such was the meagre case in behalf of the prisoner in point of evidence. And at its close, his second counsel, Mr Kelly, rose to address the jury on his behalf – a privilege accorded to no prisoner, except one tried on a charge of high treason. We shall present the reader with an extract from the opening passage in Mr Kelly's address, inasmuch as it is highly characteristic of that eminent counsellor's style of advocacy – of his imposing display of fervent confidence in his case – his terse and nervous expression, and the clearness and precision of his reasoning. We have some ground for believing that the following is exactly what fell from his lips: —
"The Attorney-General, in his opening, seemed to anticipate that we might deviate from the straight and honourable course before us, in defending the prisoner, into something like an attempt to induce you to depart from the strict letter of the law. So far from this, it is in the law, in the strict undeviating performance of the law, that I place my hope, my only trust. It is my prayer, therefore, that you should follow it; that you should be guided and governed by it; that you should attend and adhere to the law, and to the law alone; because I feel that, by that law, I shall prove to you, clearly and satisfactorily, that the prisoner, whatever may have been his misconduct in other respects, however high the crimes and misdemeanours for which in another form he might have been indicted or punished – I feel that, by the law of high treason, he is as guiltless as any one of you, whose duty, I hope, it will soon be so to pronounce him. Gentlemen, if the prisoner at the bar be at this moment in any jeopardy or danger, it is from the law not prevailing, or not being clearly and perfectly understood. It is because the facts, which are in evidence before you, undoubtedly disclose a case of guilt against him; because they do prove that he has committed a great and serious violation of the law; because he has subjected himself to indictment and to punishment, that the danger exists – a danger from which it is for me, by all the humble efforts I can command, to protect him – that you, finding that he has offended against the justice of the country, should condemn him, not for the misdemeanour which he has really committed, but for the great and deadly crime with which he is charged by this indictment. I therefore, Gentlemen, beseech your calm and patient attention, while I endeavour as shortly, as concisely, and, I will venture to add, as fairly and candidly as I can, to lay before you, subject to the correction of their Lordships, the law, as it affects this high and serious charge. And if I should be fortunate enough to do so, I undertake then to satisfy you – to convince the most doubting among you, if there be any more doubting than the rest, when I shall refer you to the testimony of the witnesses, – that this charge is not only not proved, but that it is absolutely and totally disproved, even by the evidence for the prosecution. The question here is, – not whether a great and alarming riot has been committed; the question is, not whether blood has been shed, whether crimes, which are, as they ought to be, punishable by law, have been perpetrated by many who may be the subjects of this indictment; but the question is, whether the prisoner at the bar has, by competent legal proof, been proved, beyond all reasonable doubt in the mind of any one of you, to have levied war against Her Majesty, with the treasonable intent which is stated in this indictment? The Crown must satisfy you that the prisoner at the bar has levied war; that he has levied war against Her Majesty – that is, that he has conducted these armed multitudes, and committed, if he has committed, outrages with them, and concerted with them, or engaged them, to commit them; and not merely that he has done all these acts, but that he has done them against the Queen, that he has levied war against the Queen and her Government. And then, further, it must be proved to you that that was done with the intent, with the design, which is stated in this indictment." – (I. p. 52, 53.)
Mr Kelly's speech was long, elaborate, eloquent, and most ingenious – adhering closely to the line of defence taken by Sir Frederick Pollock – pressing on the jury in every possible way, with many varied illustrations, the improbability of Frost having contemplated the rebellious objects imputed to him, and the alleged certainty that his only view had been – the rescue of Vincent. He vehemently assailed the credibility of those witnesses who had given the strongest evidence against Frost; and concluded with a most impassioned appeal to the feelings of the jury. When he had concluded, the Lord Chief-Justice accorded still another privilege to Frost – viz., that of himself then addressing the jury, after both his counsel had done so; to which Frost prudently replied – "My Lord, I am so well satisfied with what my counsel have said, that I decline saying anything upon this occasion."11
The Solicitor-General then rose to reply on the part of the Crown; and if any one inexperienced in forensic contests were incredulous as to the potency of the last word (from
11
Townsend, vol. i. p. 71.