of the case before the jury, in a plain unvarnished
statement; no appeal is made to the passions or prejudices
of the twelve men, who are to pronounce upon the guilt
or innocence of the accused; but every topic, every
observation, which might warp their judgment, or direct
their attention from the simple facts which are about
to be proved before them, is anxiously deprecated and
avoided by the counsel for the prosecution. The
witnesses for the crown are called one by one, sworn,
examined, and cross-examined by the accused, or his
counsel. When the case for the crown has been
brought to a close, the defence commences, and the
counsel for the defendant addresses the jury.
It is the duty of the advocate, on such an occasion,
to put forth all his powers in behalf of his client;
to obtain acquittal is his object: he must sift
the hostile evidence, he must apply every possible
test to the accuracy of the testimony, and to the
credibility of the witnesses; he may address himself
to the reason, to the prejudices, to the sympathies,
nay, even to the worst passions of the twelve men
whose opinions he seeks to influence in favour of
his client. He may proceed to call witnesses to
disprove the facts adduced on the other side, or to
show that the character of the accused stands too
high for even a suspicion of the alleged clime; he
has the utmost liberty of speech and action He may
indefinitely protract the proceedings, and there seems
to be scarcely any limit, in point of law, beyond
which the ultimate event of the trial may not be,
by these means, deferred. Whenever the defence
closes, in those cases in which the government is
the real prosecutor, the representative of the crown
has the general reply; at the close of which the presiding
judge sums up the evidence to the jury, and informs
them of the legal bearing of the facts, on the effect
and existence of which the jury has to decide.
This having been accomplished, it becomes the duty
of the jury to deliberate, decide, and pronounce their
verdict. If the verdict be “Not guilty,”
the accused is for ever quit and discharged of the
accusation; but if the jury pronounce him guilty, he
stands convicted of the crime which has been thus
charged and proved against him, and awaits the judgment
of the court. In felonies and ordinary misdemeanours,
judgment is generally pronounced immediately upon,
or soon after, the delivery of the verdict; in other
cases, when the trial has been had before the Queen’s
Bench, the judgment may, in England, be pronounced
either immediately or during the ensuing term.
But whenever this event occurs, the prisoner has still
one chance more for escape: he can move an arrest
of judgment, on the grounds either that the indictment
is substantially defective, or that he has already
been pardoned or punished for the same offense.
These objections, if successful, will, even at this
late stage of the proceedings, save the defendant
from the consequences of his crime. But if these
last resources fail, the court must give the judgment,
or pronounce the measure of that punishment, which
the law annexes to the crime of which the prisoner
has been convicted.