muckle bird out o' this wee egg! He could wile the very flounders
out o' the Firth.--What garr'd my father no send me to Utrecht?--But
whisht, the Court is gaun to pronounce the interlocutor of relevancy."
And accordingly the Judges, after a few words, recorded their judgment,
which bore, that the indictment, if proved, was relevant to infer the
pains of law: And that the defence, that the panel had communicated her
situation to her sister, was a relevant defence: And, finally, appointed
the said indictment and defence to be submitted to the judgment of an
assize.
CHAPTER TWENTY-SECOND.
Most righteous judge! a sentence.--Come, prepare.
Merchant of Venice.
It is by no means my intention to describe minutely the forms of a
Scottish criminal trial, nor am I sure that I could draw up an account so
intelligible and accurate as to abide the criticism of the gentlemen of
the long robe. It is enough to say that the jury was impanelled, and the
case proceeded. The prisoner was again required to plead to the charge,
and she again replied, "Not Guilty," in the same heart-thrilling tone as
before.
The crown counsel then called two or three female witnesses, by whose
testimony it was established, that Effie's situation had been remarked by
them, that they had taxed her with the fact, and that her answers had
amounted to an angry and petulant denial of what they charged her with.
But, as very frequently happens, the declaration of the panel or accused
party herself was the evidence which bore hardest upon her case.
In the event of these tales ever finding their way across the Border, it
may be proper to apprise the southern reader that it is the practice in
Scotland, on apprehending a suspected person, to subject him to a
judicial examination before a magistrate. He is not compelled to answer
any of the questions asked of him, but may remain silent if he sees it
his interest to do so. But whatever answers he chooses to give are
formally written down, and being subscribed by himself and the
magistrate, are produced against the accused in case of his being brought
to trial. It is true, that these declarations are not produced as being
in themselves evidence properly so called, but only as adminicles of
testimony, tending to corroborate what is considered as legal and proper
evidence. Notwithstanding this nice distinction, however, introduced by
lawyers to reconcile thi
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