Chapters from the Note-Book of a Deceased Lawyer
No. I.
It has frequently occurred to me that if any member of the Bar, who has been for a few years in practice in our criminal courts, possessing the not uncommon qualities of a moderate understanding, a mind open to conviction, and a tolerable share of attention to the cases which occur, would communicate to the world the result of his experience; he would do more to enlighten the public mind upon the nature and practical operation of that most valued of our institutions, the Trial by Jury, than could be effected in any other mode. No man can have attended, even for a single day, either as a juror or a witness, in any one of our courts, whether civil or criminal, without having been struck, if he be of an observant habit, by verdicts utterly at variance with the facts upon which those verdicts have been founded. Every man must have seen, and must be able to bear testimony to, some case, in which the result has been unsatisfactory to his own mind; nor can there be many who have retired home to meditate on the scenes they have witnessed, who have not felt some emotion of regret at the success of guilt, or some pang of horror at the conviction of innocence: but few, very few, save only those who are most familiar with our courts of justice, can form any just idea how frequently both these cases really occur. It has been my lot to have attended, for many years of my life, no matter in what capacity, in most of the courts in this kingdom. I have witnessed, and been personally concerned in, cases so singular in their nature, so unexpected in their termination, so totally at variance with all that could have been predicted of them, that, though in the silent lapse of time they have passed by and are… Read More