67 
Now, if a judge wanting in judicial capacity sums up against a 
prisoner, and the jury—as juries sometimes do—pay no heed to 
the counsel and listen attentively to the judge and endeavour to 
take the cue from him, it is not unreasonable to believe that 
occasionally the verdict returned is not what it should be; and yet 
we have at present no adequate means of reviewing sentences in 
criminal cases, 
In conclusion, I add a note of what has been done elsewhere, 
as it has a direct bearing upon what has already been stated. The 
Vienna correspondent of the Zimes has reported as follows: “A 
bill which may be described as of universal interest, has just been 
before the Austrian Chamber of Peers. It concerns the indemnity 
to be granted to victims of a miscarriage of justice. The House 
has declared itself, without reserve, in favour of the State being 
compelled to afford ample compensation for judicial errors. A 
measure in all respects similar has been adopted by the Lower 
House. According to the Bill in the Chamber of Peers, the State 
must be held responsible for a miscarriage of justice in criminal 
_- affairs, as a railway company is called to account for an accident 
on its line. It is practically on this basis that the House has 
proceeded. When the Emperor Leopold IL., prior to his accession 
to the throne, governed Tuscany under the title of Grand Duke 
Leopold I., he instituted a law according to which innocent people 
who had suffered judicial punishment were entitled to an indemnity 
from the Government. There have of late years been sad instances 
of the kind in England, in which, unfortunately, the Treasury did 
not feel called upon to grant anything approaching an adequate 
_ compensation for the great wrong inflicted. The example just 
given by Austria might be followed with advantage at home for 
the administration of justice, which is in almost all respects more 
efficient and equitable than in this country.” 
