Blackwood's Edinburgh Magazine — Volume 55, No. 339, January, 1844 eBook

This eBook from the Gutenberg Project consists of approximately 343 pages of information about Blackwood's Edinburgh Magazine — Volume 55, No. 339, January, 1844.

Blackwood's Edinburgh Magazine — Volume 55, No. 339, January, 1844 eBook

This eBook from the Gutenberg Project consists of approximately 343 pages of information about Blackwood's Edinburgh Magazine — Volume 55, No. 339, January, 1844.
bound to the Queen in the required sums, if the accused does not appear to take his trial, at the appointed time and place.  This recognizance must be subscribed by the magistrates, and delivered with the examinations to the officer of the court in which the trial is to take place.  With this, the preliminary proceedings close:  the accused has had one opportunity of refuting the charge, or of clearing himself from the suspicion which has gathered round him; but as yet, there is no written accusation, no written statement of the offence which it is alleged he has committed.  True, he has heard evidence—­he has heard a charge made orally against him—­but the law requires greater particularity than this before a man shall be put in peril upon a criminal accusation.  The facts disclosed in the evidence before the magistrates must be put in a legal form; the offence must be clearly and accurately defined in writing, by which the accused may be informed what specific charge he is to answer, and from which he may be able to learn what liability he incurs; whether his life is put in peril, or whether he is in danger of transportation or of imprisonment, or merely of a pecuniary fine.  This is done by means of the indictment.  The indictment is a written accusation of one or more several persons, preferred to and presented upon oath by a grand jury.  This written accusation, before being presented to the grand jury, is properly termed a “bill;” and, in ordinary cases, it is generally prepared by the clerk of the arraigns at the assizes, and by the clerk of the peace at the quarter sessions; but, in cases of difficulty, it is drawn by counsel.  It consists of a formal technical statement of the offence, which is engrossed upon parchment, upon the back of which the names of the witnesses for the prosecution are indorsed.  In England it is delivered to the crier of the court, by whom the witnesses are sworn to the truth of the evidence they are about to give before the grand jury.  In the trial now pending in the Court of Queen’s Bench in Ireland, a great question was raised as to whether a recent statute, which, on the ground of convenience, enabled grand juries in Ireland themselves to swear the witnesses, extended to trials before the Queen’s Bench.  This question was decided in the affirmative; therefore, in that country, the oath, in every case, must be administered by the grand jury themselves; whereas, in this country, the witnesses are sworn in court, and by the crier, as we have already mentioned.  The grand jury, ever since the days of King Ethelred, must consist of twelve at least, and not more than twenty-three.  In the superior courts they are generally drawn from the magistracy or superior classes of the community, being, as Mr Justice Blackstone expresses it, “usually gentlemen of the best figure in the county.”  They are duly sworn and instructed in the articles of their enquiry by the judge who presides upon the bench.  They then withdraw, to sit and receive all bills which may be
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Blackwood's Edinburgh Magazine — Volume 55, No. 339, January, 1844 from Project Gutenberg. Public domain.