The Sun.
London, England, 1848-07-13 00:00:00

THE SUN, LONDON,

standing in the profession would be enabled to do,
whose chief practice had been before the criminal tri-
bunals.

We have thus shown that under the most favourable
circumstances there is, at least, the possibility of a
failure of justice and the escape of guilty parties,
from the system at present in operation, that should
not for a moment be sanctioned or tolerated. It is
not necessary to multiply instances to show the prac-
tical evils that result thereupon. We constantly hear
the presiding judge complaining of the time of the
court being unnecessarily consumed, because cases
are not ready for investigation when called on—
too frequently of the slovenly and inefficient:manner
in which the prosecutions have been conducted, and
even sometimes that he is obliged himself to add to
his important duties, as arbitrator between the Crown
and the prisoner, the functions of prosecuting counsel,
and to elicit the facts by examining the several wit-
nesses from depositions, which he had never seen
until they were handed to him upon the bench, after
the prisoner had been given in charge to the jury.
The recent case of the murderers of Mr. BELCIIAM•
BEM cannot be forgotten, when but that a barrister
of well-known ability happened accidentally to have
been in court, who consented at the last moment to
conduct the prosecution, the prisoners might have
evaded the punishment due to their atrocious crime.
In addition to these grave and weighty reasons for
the appointment of a public prosecutor, we may add
that it would remove the possibility of any compro-
mise being effected, and also that the punishment
would be more efficacious as an example, when it was
clearly perceived that it was inflicted for an injury
to the public generally, and not for the gratification
of private vengeance. There would also be a greater
certainty of that punishment than under the present
system, when it is a matter of mere chance whether
a conviction can be obtained or not, and it
is notorious that the certainty of a minor punishment
is far more effectual for the repression of crime than
a much more severe one, where there is a greater
prospect of escape and absolute impunity.
There is another ground, as far as the case for the
prosecution is concerned, why a change should be
effected. As we have already stated, every subject
is entitled to protection for his person and property
in return for his allegiance and the contributions to
the national Exchequer extracted from his pockets in
the shape of either direct or indirect taxation. Let
us, however, see the manner in which this protection
is afforded. He may be robbed or swindled out of
his property, or have serious injuries inflicted upon
his person, but there the evil does not ter-
minate. He is bound over to prosecute, and
heavy demands are in consequence made on his
purse and his time. If he be a conscientious man,
anxious to do his duty to society and to carry on the
prosecution efficiently, he must incur considerable
expenses, which he will never be reimbursed, and
which will materially increase his first loss and ag-
gravate the original grievance. The case of Mr.
GRA.Y is a striking illustration in point. That gen-
tleman was swindled out of property to a large
amount. He pursued the necessary inquiries with
the utmost zeal and energy, and in such a manner as
deservedly obtained for him the marked approbation
of the magistrates and judge before whom the case
was investigated. Actuated by the most honourable
feelings, he repeatedly refused to receive full payment
for the goods which had been obtained from him, which
was several times tendered for his acceptance, pro-
vided he would connive at an acquittal. The guilty
parties were convicted—one of the most formidable
conspiracies against the property of the merchants
and traders: of the metropolis was exposed—the in-
famous confederacy was broken up, and the principal
delinquents banished from the country,;:and how
was Mr. GRAY rewarded who had thus earned for
himself the public gratitude as a national bene-
factor ? He undoubtedly received much empty
praise. Every one spoke of his admirable con-
duct, his high deserts; but to the original
loss, for which he was never reimbursed, several
hundred pounds were added for the expenses
of the prosecution, and which he was permitted to
bear by the admiring and grateful public. So much
for the system, as far as the case for the prosecution
is concerned. That however is by no means the most
objectionable part thereof. It is many degrees worse
in relation to persons who may be unjustly accused.
They, indeed, have far greater cause to complain than
any others. The worst crime may go unpunished, but

the most innocent parties may also be involved in a pro.

secution. It leads, in fact, too frequently not only to
impunity to the guilty, but also to deep and serious
vexation and inconvenience to the guiltless.
We shall return to this subject, which a want of
space prevents us from concluding, on an early day.