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The Speeches of the Hon. Thomas Erskine (Now Lord Erskine): When at the Bar ...
Thomas Erskine Baron Erskine
No preview available - 2020
admit answer appears applied argument attended authority believe bill bound called cause charge circumstances civil common conclusion consequences consider consideration constitution contained contrary Counsel Court crime criminal Crown dangerous Dean decide Defendant desire Dialogue direction doctrine duty equally Erskine established evidence expressions fact Gentlemen give given guilty hands heard House indictment inference innocent intention issue Judge judgment jurisdiction Jury Justice King King's learned Judge leave letter libel liberty Lord Lord George matter mean ment mind multitude nature never object observation occasion opinion Parliament person petition present principle printed Prisoner proof prosecution Prosecutor protection proved publication published question reason record rule seditious speak stand supposed sure taken tell thing thought tion told trial true verdict whole witnesses writing
Page 383 - ENACTED, that, On every Such trial, the jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue...
Page 279 - For, as Sir Matthew Hale well observes, (c) it would be a most unhappy case for the judge himself, if the prisoner's fate depended upon his directions; unhappy, also, for the prisoner; for if the judge's opinion must rule the verdict, the trial by jury would be useless.
Page 182 - Wherever law ends, tyranny begins, if the law be transgressed to another's harm. And whosoever in authority exceeds the power given him by the law, and makes use of the force he has under his command to compass that upon the subject which the law allows not, ceases in that to be a magistrate, and acting without authority may be opposed, as any other man who by force invades the right of another.
Page 350 - Now you are to consider, whether these words I have read to you, do not tend to beget an ill opinion of the administration of the government ? To tell us, that those that are employed know nothing of the matter, and those that do know are not employed. Men are not adapted to offices, but offices to men, out of a particular regard to their interest, and not to their fitness for the places; this is the purport of these papers.
Page 364 - the first command and counsel of my youth always to do what my conscience told me to be my duty, and to leave the consequences to God. I shall carry with me the memory, and, I trust, the practice of this paternal lesson to the grave.
Page 30 - Lord has, in my mind, acted such a part" * » * ' [Here, Lord Mansfield observing the Counsel heated with his subject, and growing personal on the first Lord of the Admiralty, told him that Lord was not before the Court.'} " I know that he is not formally before the Court ; but, for that very reason, I will bring him before the Court.
Page 94 - George had never been there, advised him to recollect himself, he desired to consult his notes. First, he is positively sure, from his memory, that he had seen him there; then he says he cannot trust his memory without referring to his papers ; on looking at them, they contradict him ; and he then confesses, that he never saw Lord George Gordon at Greenwood's room in January, when his note was taken, nor at any other time. But why did he take notes ? He said it was because he foresaw what would happen....
Page 384 - Provided also, that in case the jury shall find the defendant or defendants guilty, it shall and may be lawful for the said defendant or defendants to move in arrest of judgment on such ground and in such manner as by law he or they, might have done before the passing of this act, any thing herein contained to the contrary notwithstanding.
Page 94 - ... fabrication to give the show of correctness to his evidence, attacked him with a shrewdness for which he was wholly unprepared. You remember the witness had said, that he always took notes when he attended any meetings where he expected their deliberations might be attended with dangerous consequences. ' Give me one instance,' says Mr. Kenyon, ' in the whole course of your life, where you ever took notes before.