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.
stronghold of the borough, and safely placed under lock and key.  Things, however, did not long continue in this state.  In a few days twelve writs of habeas corpus made their sudden and unexpected appearance, by which Mr Batcheldor was commanded forthwith to bring the bodies of his charges, together with the causes of detention, before the Lord Chief Justice of England.  Mr Batcheldor obeyed the command in both particulars; the judges of the Court of Queen’s Bench met; counsel argued and re-argued the matter before them, but in vain—­the prisoners were left in the governor’s care, in which they remained, as if no effort had been made to remove then from his custody.  All, however, was not yet over; for, as though labouring under a strange delusion, four of the prisoners actually made oath that they had never been arraigned, tried, convicted, or sentenced at all, either in Canada or elsewhere!  Upon this four more writs of habeas corpus issued, commanding the unhappy Mr Batcheldor to bring the four deluded convicts before the Barons of the Exchequer.  This was done; arguments, both old and new, were heard with exemplary patience and attention; the play was played over again; but the Barons were equally inexorable with the Court of Queen’s Bench, and the four prisoners, after much consideration, were again remanded to the custody of the governor of the jail, and, together with their eight fellow-prisoners, were, in course of time, duly conveyed to the place of their original destination.

The next of these cases, in chronological order, is that of the Monmouthshire riots in 1839.  This case, also, might tend to corroborate the opinion, that the service of the state, in legal matters, is attended with much difficulty and embarrassment.  It will, however, be seen upon examination of the facts of the case, that the difficulty which then arose, proceeded solely from the lenity and indulgence shown to the prisoners by the crown.  On New-Year’s day 1840, John Frost and others, were brought to trial, on a charge of high treason, before a special commission at Monmouth.  The proceedings were interrupted by an objection taken by the prisoners’ counsel, that the terms of a statute, which requires that a list of witnesses should be delivered to the prisoners at the same time with a copy of the indictment, had not been complied with.  The indictment had, in fact, been delivered five days before the list of witnesses.  This had been done in merciful consideration to the prisoners, in order that they might be put in possession of the charge, to be brought against them, as early as it was in the power of the crown to give them the information, and probably before it was possible that the list of witnesses could have been made out.  The trial, however, proceeded, subject to the decision of the fifteen judges upon the question, thus raised upon the supposed informality, which nothing but the anxious mercy of the crown had introduced into the proceedings; and

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Blackwood's Edinburgh Magazine — Volume 55, No. 339, January, 1844 from Project Gutenberg. Public domain.