The Judicial History of Individual Liberty,
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THE JUDICIAL HISTORY OF INDIVIDUAL LIBERTY. IV. By VAN VECHTEN VEEDER, Of the New York Bar. TO the frightful excesses of the Stuart will do you no wrong willingly." At the reign the Revolution put an end. conclusion of the summing up Lord Preston James' chancellor was safely lodge;! in sought to address the jury again. The chief the Tower and his chief justice in Newgate. justice explained to him that he should have With Lord Chief Justice Holt at the head of completed his remarks before the charge, the criminal bench, and a body of associates and the proceedings closed with the follow selected for their eminent qualifications ing dialogue: "Lord Preston: My Lord, I beg your alone, the administration of justice was to receive a new significance in the minds of -lordship's pardon if I give any offense. L. C. J. Holt: "No, my lord, you give me the people. Parliament soon removed the anomalous and disgraceful conditions under ¡ no offense at all; but your lordship is not which judicial murder had been accomplish- | right in the course of proceedings. I ac ed with expedition and without resistance. It quaint you with it, not by way of reproof, but was enacted that every person indicted for by way of information." treason should have the assistance of coun "Lord Preston: Then I hope the gentle sel; that he should be furnished with a copy men of the jury will consider that all that is of the indictment and a list of the freeholders alleged against me is but presumption. My from among whom the jury was to be taken; life and fortune, my posterity and reputation, that witnesses for the defendant should be are all at stake. I leave all to the jury's con sworn, and their attendance enforced, if nee- | sideration; and the T,od of Heaven direct essary, by process. them!" Even before the concession of these decent "L. C. J. Holt: If you go on thus to re privileges, we have an admirable illustration flect upon the court, you will make the of what was possible without them under a court to reflect upon you. The jury hear humane administration. how the evidence has been stated; I think it The spirit of the new time is shown by the has been done very impartially, and without trial of Lord Preston and his fellow Jacobite any severity to you. Why should you think we would press the evidence further than conspirators for treason in 1691 (12 St. Tr. it ought to go against you? You are a 646). John Somers, the solicitor general, stranger to most of us. and I am sure we do prosecuted with marked moderation. "I never did think," he said, "that it was the not desire your life: but still we must take care that justice be done to the government part of any who were of counsel for the king and the kingdom, as well as to any particu to aggrave che crime of the prisoners, or lar person, and evidence that is given must to put false colors on the evidence. Chief have its due weight and consideration." Tustice Holt's conduct was faultless. Lord The prisoners themselves were impressed Preston constantly interrupted the charge to by the fairness of the prosecution. "I would the jury. "Interrupt me as much as you not mislead the jury, I'll assure you," said please," said Lord Holt to the prisoner, "it Lord Holt to Preston. "No, my lord," re I do not observe right. I will assure you I
