FREE BOOKS

Author's List




PREV.   NEXT  
|<   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86  
87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   >>   >|  
I hope you will not go outside the lines I have pointed out to you; but, with these remarks, I am very reluctant to interfere with any prisoner saying anything which he considers necessary, and I will not stop you. I hope you will not abuse the concession I consider I am making to you. Mr. Foote: I should be very sorry, my lord. I am only stating what I consider necessary." This is a very fair specimen of his lordship's manners. Unfortunately, it is also a fair specimen of his lordship's law. When I read similar extracts in the Court of Queen's Bench, Lord Coleridge never interrupted me once; nay, he told the jury that I had very properly brought those passages before their notice, that I had a perfect right to do so, and that it was a legitimate part of my defence. Since then I have conversed with many gentlemen who were present, some of them belonging to the legal profession, and I have heard but one opinion expressed as to Judge North's conduct. They all agree that it was utterly undignified, and a scandal to the bench. Perhaps it had something to do with his lordship's removal, a few weeks afterwards, to the Chancery Court, where his eccentricities, as the _Daily News_ remarked at the time, will no longer endanger the liberty and lives of his fellow-subjects. When I cited Fox's Libel Act and asked that my copy, purchased from the Queen's printers, might be handed to the jury for their guidance, his lordship sharply ordered the officer not to pass it to them. "I shall tell them," he said, "what points they have to decide," as though I had no right to press my own view. He would never have dared to treat a defending counsel in that way, and he ought to have known that a defendant in person has all the rights of a counsel, the latter having absolutely no standing in court except so far as he represents a first party in a suit. "May they not have a copy of the Act, my lord?" I inquired. "No," replied his lordship, "they will take the law from the directions I give them; not from reading Acts of Parliament." This is directly counter to the spirit and letter of Fox's Act; and I suspect that Judge North would have expressed himself more guardedly in a higher court. If juries have nothing to do with Acts of Parliament, why are statutes enacted? Judge North would be ashamed and afraid to speak in that way before his superior brother judges at the Law Courts; but at the Old Bailey h
PREV.   NEXT  
|<   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86  
87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   >>   >|  



Top keywords:

lordship

 

Parliament

 

counsel

 
expressed
 

specimen

 
brother
 

points

 

superior

 
judges
 
decide

enacted

 

afraid

 
ashamed
 
ordered
 
Courts
 

purchased

 

Bailey

 

printers

 

statutes

 
officer

sharply

 
guidance
 

handed

 

inquired

 

suspect

 

subjects

 
reading
 
counter
 

spirit

 

letter


replied

 

directions

 

represents

 

person

 

rights

 

defendant

 

directly

 
higher
 

guardedly

 

standing


absolutely
 

juries

 
defending
 
conduct
 
similar
 

extracts

 

Unfortunately

 
stating
 
manners
 

Coleridge