press a wish for the apprehension and in the presence of his brother. of his murderers. But the Judge It is hardly possible that they asks, "What were you talking could feel sure that the persons of about?" To which the witness both were concealed from their vic

gives this answer, which at least

"...abundantly proves the poor man was not speaking of his own satiated vengeance towards the deceased, "He said he was the "father of the fatherless, and had "been innocently dragged up; and "it was enough to cut the heart of " a stone." But it is mere waste of time to observe on the garbled pieces of loose talk brought forward to criminate these poor men; for is there any man who does not believe, that with equal care, with equal application to the imperfect recollections of gamekeepers, as good a case might have been made out against any old poacher on the border of the forest?

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1.

tim, and, indeed, it did not appear that the bush over which the gun was fired was sufficient to conceal the person of the shooter. If, then, they were conscious of guilt, can it be believed that they would unnecessarily incur the risk of being recognised by the dying man as his murderers?

to

The cothericircumstance which I allude is, that neither of the men had a gun when they went into the forest. They were both dressed in close jackets, so that no gun could have been concealed on their persons. Mr. TAUNTON, in his opening speech, stated, that Pittaway had worn a smock-frock in the earlier part of the day; but his witnesses negatived this assertion, and proved that he had worn the same dress for the whole day, and that under this dress it was

These are all the circumstances which were brought forward in the -course of the examination of threeand-twenty witnesses, in order to prove the prisoners guilty of mur- impossible to conceal a gun. On der. To call it as, according to the this subiect, Mr. Justice PARK Morning Chronicle, Mr. Justice asked Joseph Millin, whether Park called it, "a chain of cir- there were not places in the forest cumstances," is obviously to mis- where a gun might be concealed; -apply terms, if the term have any and the witness, of course, ans-meaning. I think I have shown wered in the affirmative. But is that every one of these circum- it likely that a gun was concealed *stances is capable of receiving an in the forest for the specific pur⚫ explanation consistent with the in- pose of killing JAMES OF JOSEFH -nocence of the prisoners; and MILLIN? How could the prison

A

that in most instances, if not in all, ers anticipate that the object of such explanation is the most natu- their vengeance would be at the ral and fair. But I must now spot on this evening? But the call your attention to two circum-gun, it may be said, might have stances, also proved by the wit- been concealed before, and the nesses for the prosecution, which prisoners might have waited till appear to me to manifest inno- an opportunity offered for using it.

cence.

The first is, that the prisoners went up to the wounded man while he was in possession of his senses,

Not so; for, be it remembered, that it was PITTAWAY's gun by which the murder was charged to be committed to PITTAWAY'S

: gun all the evidence was applied that right understanding, that he -and Pittaway's gun, according should bear always in mind that to the testimony of Eliza Perfect, the men were notoriously poachers,

I PROCEED now to make some remarks on the manner in which he expected, made no challenges. the prosecution against these men It is not very likely that they knew was conducted; the Judge's any thing of the men whom the charge; and the demeanour and Under-Sheriff had summoned to expressions of the prisoners. I the Assizes. What the prosecutor shall do this with all possible or his agents knew of the three temperance, for I only wish that men whom they ordered from the the case may be fully understood box in which they had been trying by the reader. It is necessary to all the other cases, and how they

came by that knowledge, I will separately these are nothing; but not conjecture. At least, the they may be put together in such measure was unusual, and shewed a way as to lead to an inference a more than ordinary zeal in some of guilt, and it is his business so quarter, for the attainment of pub

lic justice.

to put them together. A previous statement, even accompanied with In addition to Mr. CROSS and all the trickery of rhetoric, would Mr. EDEN, who are both barris- signify little in a case supported ters of considerable experience, by the direct evidence of two or Mr. TAUNTON, the King's Coun- more witnessess, because its issue sel, was brought into the Crown must depend on the credibility of Court, where he hardly ever ap- those witnesses, of whose behapears, to conduct the prosecution. viour and consistency the Jury Mr. TAUNTON is a man of very may easily judge. But in a case powerful talent, one of the leaders, of circumstances, as it is called, if not the leader of his circuit, the main question is not on the and Recorder of the city of Ox- truth of the circumstances, but on ford, in which this trial was held; their bearing and their connexion he was therefore likely to make a with each other; and the advopeculiar impression on a jury, cate who arranges them in the orwho had, perhaps, often seen him der which suits the prosecutor's presiding at the sessions as a theory, adopts the most powerful judge; and he was selected to means of obtaining a verdict of make a speech against the pri-guilty. It is the more powerful soners, who, by law, were allowed because it takes a Jury by surno one to speak for them. Issay prise, who would be shocked at distinctly, "to make a speech an attempt to influence them against the prisoners," because by declamatory invective; and it such the opening speech of coun- derives additional power from sel must be, from the very nature every protestation of candour, of things, whenever the case is every entreaty for a merciful conone of circumstantial evidence. The speaker may be quite dispassionate in manner; he may, as the practice is, entreat the Jury to divest themselves of all prejudices, and to forget all they have read

sideration of the evidence, and every expression of hope that the Jury may see doubt to justify an acquittal, with which it may be garnished. And in the very case where this privilege of opening is

can only cross-examine the witnesses; and of what avail is the right of cross-examination in a case where the facts are not disputed, and where the only question is

-and heard about the matter in most efficacious, the prisoner's issue, he may beg and entreat counsel, if he be able to employ them to give the prisoners " the any, can do little or nothing. He benefit of any reasonable doubt;" the may declare that "he shall rejoice more than any man in court at an acquittal;" but all this will not prevent his speech, if he have any power, from creating a whether those facts really warrant far greater prejudice than all the the conclusion which the prosecupolice reports in the kingdom, tor draws from them? The priHe has a great number of facts; soner himself, if he be innocent,

will perhaps scarcely understand prisoners had no gun when they the case against him, and must went into the forest, it was imporgenerally be quite unprepared to tant to raise a suspicion that a gun answer it. While the prosecutor had been carried thither in the has all the depositions to arrange course of the day. Mr. TAUNTON as he pleases, he is not allowed to stated that Pittaway wore a dark inspect them; and one of the smock-frock early in the evening, Judges, in his eagerness to de- and afterwards changed it; the nounce the publication of Police evidence was, that he wore the Reports, has given as a reason same short jacket or sleeved waistwhy they should be suppressed, coat the whole day, under which that they may enable the prisoner it was impossible to conceal a gun. to anticipate the case of his ac- Mr. TAUNTON stated that the bulcusers! These are advantages let found at the spot corresponded which the law gives to the prose- with the bullet-mould taken in cutor; and I think I have shown Pittaway's house, and with the already, that, in this case, suffi- barrel of his gun, so far as it recient care was taken that none of tained its shape; the bullet, when them should be lost.

produced, appeared of the common size, and was so much battered, that, according to the opinion of the Judge, expressed at the moment, it was impossible to draw any inference from it. Mr. TAUNToN laid great stress on the declaration of the prisoners to Joseph Millin, that they heard the

Mr. TAUNTON then came into the Crown Court, to state the prosecutor's case. In his speech, he, of course, disposed his materials in such order as to lead, as nearly as possible, to the conclusion that the prisoners were guilty. Of this I do not complain; if he was to speak at all, he could not do other-cry of murder 935 yards from the wise. But he also stated several spot, and thought it was his brothings very important to the pro- ther's voice, as though it was imsecutor's case, which were dis- possible to hear it at the distance; proved by the prosecutor's wit- and yet one of his own principal nesses. It was important to that witnesses said he had heard the case that he should show that two scream of a man a great deal furmen were concerned in the mur-ther. Mr. TAUNTON stated the der; not, in itself, a very pro- words of James, "Revenge is bable supposition, when the sweet; let, the Lord repay it;" murder was to be effected by shoot- without any allusion to the coning with a gun from a distance, in text, by which they were exwhich a second person could not plained; and he read from his assist, but might easily betray. brief all the general expressions of He stated accordingly, "that the vengeance, which, as they did not " steps of two persons were dis- apply in any way to the deceased, "tinctly visible to the spot where ought not to have been stated or " the gun was fired:" the evidence proved without some evidence that as to footsteps, given by the bro- the murderers, whoever they might ther of the deceased, applied to the be, killed James Millin by misplace where the body lay, and take for Joseph, the keeper. Mr. where they proved nothing. As the TAUNTON is not responsible for

conımand them; and he leaves to them all the peril of adopting his conclusions. The right of a Judge to expound the law is clear; the rules of law which he lays down are readily canvassed, and brought

these statements; he could not bring an obvious responsibility invent them; but he gave them upon them, But the observations from his instructions with all the which they intersperse in their effect he could. Who then are statements of evidence, while they responsible for them? Who col- influence the Jury, and their manlected, arranged, and put them ner of stating the evidence, are into his mouth? Had they not too often kept from notice.traced the footsteps? Had they After a speech all directed to one not fully examined the witnesses? purpose; that speech the last Had they not compared the bullet which is heard; that speech deliwith the mould and the gun-barrel? vered from the bench, and with Did they not know whether the the air of authority; a Judge may evening of the 15th June was leave the whole case to the Jury; stormy or calm, and had they not he may sway but he does not endeavoured to ascertain whether the scream of a man shot in the thigh might not be heard and recognised at the distance of 935 yards in a still summer evening? Had they not inquired about the rest of the conversation, in which to certain tests; but the right which the words "Revenge is sweet; he assumes of making comments let the Lord repay it;" occurred, on matters of fact, is far more before they caused these words only (as I must presume), to be set down in the brief? I will not attempt to answer these questions; but surely the widows and orphan though these words may really children of the men who are dead, have the power of life or death. the inhabitants of the county of If he were to pronounce the priOxford, who must pay the expense of the prosecution; and the people of England who have an interest in the lives of their fellows, have a right to answers! Let us hope they will know in time!

liable to question. The verdict is not his, though he may obtain it; he, therefore, does not feel the importance of the words he utters,

soner guilty, how long would he hesitate? In criminal cases, "the Judge," according to one of the fictions of the English law, "is bound to be counsel for the prisoner;" and yet he not unfrequently makes a speech against him; so that the trial begins and ends with a speech against the prisoner, who has no one to speak

I come now to the charge or summing up of Mr. Justice PARK, who presided as Judge. The reports of this charge are all mere for him. The Judge who makes summaries; perhaps necessarily the speech may conscienciously so; but the fact is much to be la- believe the prisoner guilty; but mented. There are few things he is not to decide; nor does he which it is more important that form his opinion under the rethe public should see than the sponsibility of deciding. He may charges of Judges. The sentences be honest and humane; and yet which they pass, emanating direct- his prejudices, his love of talking, ly and obviously from themselves, his want of clearness in under