1 92 Lett* on djfairs in general. [FEB> 



evidence against the prisoner. The next witnesses were a boy, the servant 

 of one of these accomplices and approvers ; and two women, of habits 

 almost infamous ; one, the same man's wife, and the other his. sister. 

 The only evidence independent of the statements of these wretches 

 \vaspurelycircumstantial: and, even as circumstantial, of a slight and 

 uncertain character. That the murder had been committed by some one, 

 or more, of the three ruffians concerned, there could be no doubt; but, 

 supposing the man at the bar to have been really not present at the deed 

 - which was not impossible upon the circumstantial evidence he could 

 have had no human means of proving that fact, for the only living crea- 

 tures who could have proved it, would have been the actual criminals, 

 who were saving their lives by swearing against him. The question 

 which an able counsel would have argued upon that occasion, would 

 not have been whether the prisoner was altogether clear from guilt. 

 but whether the evidence which the jury had heard, and the circumstances 

 before them, were such as they could safely condemn a man to suffer death 

 upon ? 



Now this is a case, not singular, but of every day. The proof in most 

 cases of felony is slight ; and juries, where death is likely to follow, will 

 always be nervously cautious how they convict. And, although it is an 

 excellent maxim in criminal justice, that " ten guilty men had better 

 escape, than one, being innocent, should suffer," yet, if we are not to 

 take care that the " ten guilty" do not escape, the utility of criminal law 

 is at an end. I do not mean to rely at all upon the argument " that the 

 present system works well." I admit that the prisoner now, is no match 

 for the counsel employed against him. That though the judges do, in 

 almost every instance, most cautiously and earnestly protect prisoners ; 

 yet that they cannot be " of counsel" for them (that is that they cannot 

 comment upon the prosecutor's evidence, as they the prisoners if they 

 possessed the power of expressing themselves clearly would comment 

 upon it). And that though the existing system, checked as it is by a 

 guarded and humane surveillance, after the verdict is pronounced, perhaps 

 does ample justice that yet the prisoner has too many odds against him, 

 and is entitled to be placed in a better situation. JBut, even admitting all 

 this and not at all assuming upon this hasty glance, even to prejudice 

 the Edinburgh Reviewer's question yet I am not convinced that the 

 cause of substantial justice would be aided by the introduction of a set 

 of artists into its conduct, w r hose avowed business, and duty, is to per- 

 plex, and confound, and mislead, and puzzle, and, in fact, defeat justice 

 as far as possible. The law proposed, it must be recollected the giving 

 to prisoners the full power of employing counsel to address the jury for 

 them still does not at all, of necessity, place the culprit and his 

 prosecutor upon a level nor all culprits upon a level one with the" other ; 

 for those prisoners who are without money to employ counsel, will remain 

 as liable to be hanged without just cause, as ever ! Where the object is 

 to attain the truth, I think, the less interference we have from those 

 who are hired to perplex and defeat the truth, the better; and, as a 

 course better calculated to place all parties upon an equality, instead of a 

 Bill, to enable counsel to make speeches, in capital cases, on behalf of 

 prisoners, I should be well pleased to see a law passed, prohibiting 

 counsel from addressing the jury, in criminal cases, altogether. 



