for a short time — 1876- 1880 — the office of Procedure (Scotland) Act, 1887 (50 and 51 Solicitor-General for Scotland), and in the Vict. c. 35), rendered such miscarriages dif same year he entered the House of Com ficult for the future. Our readers will get mons as M. P. for Edinburgh and St. An some idea of the defects which this statute drews Universities. He had previously made aimed at removing from the following pro a hopeless attempt to win the heart of Mid- visions: (1) "A person accused may be Lothian itself. The settled Liberalism of the named and designed in an indictment accord Scottish capital rendered Mr. Macdonald's ing to the existing practice, or he may be suit worse than desperate, but the constitu named by the name given by him and de ency, though it rejected the proffered polit signed as of the place given by him as his ical " marriage," was delighted with the residence when he is examined on declaration, candidate's " manner of wooing," and his and it shall not be necessary to set forth anysuccess in carrying the representation of the other name or names by which he may be universities against Mr. Erichsen, the emi known, or any other address or designation" nent surgeon, gave pleasure even to those (sec. 4). (2) " It shall not be necessary in any whose principles had compelled them to vote indictment to specify by any nometi juris the against him, or at all events to abstain from crime which is charged, but it shall be suffi voting in his favor. cient that the indictment sets forth facts From 1885 till his promotion to the Lord- relevant and sufficient to constitute an in Justice Clerkship in 1889, Macdonald held dictable crime " (sec. 5). (3) "When in any the office of Lord Advocate without inter indictment two or more persons are charged ruption, the brief interregnum of the Home together with committing a crime, it shall Rule Ministry being scarcely worthy of not be necessary to allege that ' both and each notice. The House of Commons has had or one or other ' or that ' all and each or one or many an abler, but no more popular, law of more ' of them committed the crime; but such ficer in recent years. Inglis and Moncrieff alternatives shall be implied in all such in were great lawyers and great politicians. dictments " (sec. 7). (4) Then follow a va Mr. Balfour, Baron Moncrieff's son-in-law, riety of sections providing that the words who was Lord Advocate in two of Mr. Glad "guilty actor or act and part " (sec. 7), and stone's governments, was at least a great " wilfully, maliciously, wickedly," etc. (sec. 8), lawyer. Macdonald was great neither in shall, where necessary, be implied in all politics nor in law. But his imperturbable indictments, and giving the prosecutor lati good-humor, his excellent common-sense, his tude as to time and place (sec. 10), quanti tact, his business qualities, his kindly feel ties, persons, things, or modes (sec. 11), ings, and his-sterling character won for him and as to the description of persons, goods, and enabled him to retain the esteem of the buildings, money, and other property (sees. most critical assembly in the world. 12-14). Macdonald, who went to the bench with During his tenure of office he had the honor to " pilot " through the Lower House the title of Lord Kingsburgh, is making an one of the most salutary measures ever excellent Lord Justice Clerk. He is digni fied, painstaking, and courteous. His know enacted by Parliament. The adjective crim inal law of Scotland had long been cursed ledge is wide if not profound. But his chief by technicality. No criminal indictment characteristic is clearness. " After myself," said an eminent Scotch advocate, now a was ever presented to a jury without giv judge, "no man can put a case better than ing rise to a crop of "objections to the rel evancy," and technical escapes from justice John Macdonald." were by no means uncommon. The Criminal
