The Sun.
London, England, 1827-02-15 00:00:00

THURSD.AY EVENING, FEBRUARY 15, 1827.

On the 20th of February, will be published,

VAGARIES, in QUEST of the WILD and
the WHIMSICAL.

By PIERCE SHAFTON, GENT.
Character Hunting—an Adventure on the Appenines—the Mys-
tery, (a Stage-coach Adventure)—the Young Lady's Tale—
My first Appearance on the Stage—the Wandering Jew—a Vil-
lage Funeral—Stratford and Washington Irving—Kenilworth
Ruins—Ruralizing—the Enchanted Lake—" Good Night,"
and Thirty other Papers in Prose and Verse.

London : John Andrews, 167, New Bond-street.

COMPANION TO THE DOMESTIC COOKERY.

This Day was published, in one thick volume, 12rno. price Ss. 6d.
boards, a New Edition, much improved and enlarged, of

PRACTICAL ECONOMY ; a New System;
formed from Modern Discoveries and the Private Com-
munications of Persons of Experience.
The very rapid sale of three large impressions of this Work
manifests the high opinion entertained of its merits. This new
Edition contains, among other valuable additions and improve-
ments, a Series of Estimates of Household EXpelitelli on Eco-
nomical principles, adapted to Families of every description;
which will, it is presumed, afford important hints and much
useful information to all who are desirous of properly regulating
their establishments, and of enjoying the :greatest possible por-
tion of the conveniences, comforts, and elegancies of life that
their respective incomes will admit of.
N.B.—The Estimates separately, for general distribution, and
as a Companion to the Housekeeper's Book, 2s.
Printed for Henry Colburn, New Burlington-street.

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All letters must be post-paid.

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coats, 265., 295., 325. ; Worsted ditto, 205., 235. ; Flannel ditto
and Drawers, 305., 34s ; Great Coats, 10s. 6d., 12s. and
13s. 6d. each ; Grey ,Cloaks, 4s. 6d. to 95.; Flannel and Linsey
Woolsey Petticoats, 2s. Bd., 35., Ss. 4d. ; strong Linen and
Calico Shirts and Chemises, 45., 4s. 61, ss. ; Blankets, 55.,
6s. 6d., 7s. 3d., Bs. 9d. per pair; Bed Rugs, 2s. 2d. to 4s. ;
Welch Flannel, 64d., Bd., 10d., 11d. and Is. per yard; Sheet-
incr., 1041., 1 ld. ; Calico, 6d., 7d., Sd. ; Linen, lid., l lid. ;
Blue Print, '7d., Bd. and 941. ; Yarn Gloves and Mittens, Welch
Wigs, Kilmarnock Caps, Cravats, &c. &c.
JOHN STEAR and CO. respectfully inform the Nobility and
Gentry, that the above form part of a very large Stock of Goods,
suitable for Charitable Donations, a list of which, priced for the
present season, may be had on application at their Hosiery
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Orders from the Country, with a remittance or reference, re-
gularly forwarded.—Gentlemen's Cloth Opera Cloaks, Three
Guineas each.

CHILBLAINS, RHEUMATISM, SPRAINS, &c.
BUTLER'S CAJEPUT OPODELDOC.-
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MASONIC INSTITUTION.—The anniversary of
this Institution, the object of which is to clothe,
ap-
prentice, the sons of deceased and indigent Freemasons,eltue'tiet'viaa'slacele-
cele-
brated yesterday at the Freemasons' Tavern ; the R'Lord Dundas in the Chair. His Royal Highness thegiDtukeof
Hon.
Sussex was expected to preside, but was prevented by continued
indisposition. Mr. A. W. Thiselton, the Secretary, announced
the subscriptions of the evening, amounting to 2211. ss. The
children were then introduced by the Stewards, and walked in pro-
cession round the Hall, making their obeisance to the Company.
A variety of songs, &e. were sung by Miss Graddon, Atessrs.
Horn, Broadhurst, -C. Taylor, and Bellamy, who entertained the
Company till ten o'clock.
CHARACTER . OF PRINCE POTEMKIN.—The
Princa Potemkin, always extraordinary in every thing, showed
himself equally active in his own government as he appeared in-
dolent at St. Petersburgh. All the resources of his lively imagi-
nation, his unlimited power, and the profound knowledge that be
had of the character of his Sovereign, be put in practice with in-
conceivable art, to excite her admiration and flatter her selflove.
He contrived, by a species of prodigy, to overcome all obstacles,
conquer nature, abridge distances, decorate misery, deceive the
eye as, to the uniformity of sandy plains, dispel from the mind the
ennui of a long journey, and give an air of life to the most ste-
rile deserts. The stations of the fleet were so happily cho-
sen, that neither lassitude nor tedium was felt by the
voyagers. Potemkin took care that the gallies should anchor
only opposite those towns and hamlets which were in the
most picturesque situations. The pastures were covered
with 'immense flocks and herds, the banks of the river were alive
with groups of peasants, and an innumerable crowd of boats filled
with young men and girls, singing the rustic melodies of their
country, continually surrounded us; in fine nothing was forgot-
ten. It must be confessed that this first minister, though a me-
diocre general, a capricious politician, and who was far from be-
ing a great statesman, yet showed himself one of the greatest and
most skilful of courtiers. HOwever, after taking away what was
artificial in his creations, there still remained a foundation of
reality. When he took possession of his immense government, it
contained but two 'hundred and four thousand inhabitants ; and
under his administration the population increased in a few years to
eight hundred thousand ; a still too scanty number, however,
for a province two hundred
jeagues long and a hundred wide.—
Segues Memoirs.

COUNSEL TO PRISONERS IN CASES OF

FELONY.

(From the Edinburgh Review.)

The particular improvement, of allowing Counsel to those who '
are accused of felony, is so far from being unnecessary, from any '
extraordinary indulgence shown to English prisoners, that we
really cannot help suspecting, that not a year elapses in which
many innocent persons are not. found guilty. How is it possible,
indeed, that it can be otherwise? There are seventy or eighty
pet sons to be tried for various offences at the Assizes, who have
lain in prison some Months ; and fifty of whom, perhaps, are of
the lowest order of the people, without friends in any better con-
dition than themselves, and without one single penny to em-
ploy in their defence. How are they to obtain witnesses ; No
attorney can be employed—no subpoena can he taken out ; the '
witnesses are fifty miles off, perhaps—totally uninstructed—living
from hand to mouth—utterly unable to give up their daily oc-
cupation to pay for their journey, or for their support when ar-
rrived at the town of trial—and, if they could get there, not know-
ing where to go or what to do., It is impassible but that an human
being,-in such an helpless situation, must be found guilty; for as
he cannot give evidence for himself, and has not a penny to fetch
those who can give it for him, any story told against him must be
taken for true, (however false), since it is impossible for the poor
wretch to contradict it. It is not that a great proportion of those
ac-
cused are not guilty, but that some are not and are utterly without
Means of establishing their innocence. We do not believe they are
often accused from wilful and corrupt perjury. But the prosecutor is
himself mistaken. The crime Las been committed ; and in his
thirst for vengeance, he has got hold of the wrong . man. The
wheat was stolen out of the barn ; and, amidst many other col-
lateral circumstances, the witnesses (paid and brought up by a
wealthy prosecutor, who is repaid by the county) swear that they
saw a man, very like the prisoner, with a sack of corn upon his
shoulder, at an early hour of the morning, going from the barn in
the direction of the prisoner's cottage! Here is one link, and a
very material link; of a long chain of circumstantial evidence.
Judge and Jury must give it weight till it is contradicted. In
fact, the prisoner did .not steal the corn ; he, was, to be sure, out
of his cottage at the same hour—and that also, is proved—but
travelling in a totally different direction,—and was seen to he so
travelling by a stage coachman passing by, and by a market
gardener. An attorney with money in his pocket, whom every
moment of such employ made richer by six-and-eightpence, would
have had the two witnesses ready, and at rack and manger, from
the first day of the assize ; antl the innocence of the prisoner would
have been established : but by what possible means is the desti-
tute ignorant wretch himself to find or to produce such witnesses?
Or how can the most humane Jury, and the most acute Judge, re-
fuse to consider him as guilty, till his witnesses are produced ?
We have not the slightest disposition to exaggerate, and, on the
contrary, should be extremely pleased to be convinced that our ap-
prehensions were unfounded : but we have often felt extreme pain
at the hopeless and unprotected state of Prisoners ; and we cannot
find any answer to our suspicions, or discover any means by which
this perversion of justice, under the present state of the law,' can
be prevented from taking place. Against the prisoner are arrayed
all the resources of an angry prosecutor, who has certainly (let who
will be the culprit) suffered a serious injury. He has his hand,
too, in the public purse ; for he prosecutes at the expense of the
county. He cannot even relent ; for the Magistrate has hound
him over to indict. IE4 witnesses cannot fail him ; for they are
all bound over by the same Magistrate to give evidence. He is out
of prison too, and can exert himself.
The prisoner, on the other hand, conies into Court, squalid and
depressed from long confinement—utterly unable to tell his own
story.from want' of words and want of confidence, and as unable
to produce evidence from want of money. His fate accordingly

is obvious ;—and that there are many innocent men punished
every year, for crimes they have not committed, appears to us to.
be extremely probable. It is indeed scarcely possible it should be
otherwi2e : and, as if to prove the fact every now and then, a case
of this kind is detected. Some circumstances come to light be-
tween sentence and execution, immense exertions are made by
humane men ; time is gained, and the innocence of the con-
demned person completely established. In Elizabeth Caning's
Case, two women were capitally convicted, ordered for execution
—and at last found innocent, and respited. Such, too, was the
case of the men who were sentetwedlen years ago, for the rob-
bery of Lord Cowper's steward. " I have myself (says Mr.
Scarlett) often seen persons I thought innocent convicted, and the
guilty escape, for want of some acute and intelligent Counsel to
show the bearings of the different circumstances on the conduct
and situation of the prisoner."—(House of Commons Debates,
April 256, 18Q6.) We were delighted to see, in this last debate,
both Mr. Brougham and Mr. Scarlett profess themselves friendly
t) Mr. Lamb's motion.

The proposition is, " that the prisoner accused of felony ought
to have the same power of selecting Counsel to speak for him as be
has in cases of treason and misdemeanor, and as defendants have in
all civil actions."
Nothing can be done in any discussion upon any point of law
in England, without quoting Mr. Justice Blackstone. Mr. Justice
Blackstone, we believe, generally wi ote his Commentaries late in
the evening; with a bottle of wine before him ; and little did be
think, as each sentence fell from the glass and pen, of the immense
influence it might hereafter exercise upon the laws and usages of
his country. "Itis " (says this favourite writer) " not at all of
a piece with the rest of the humane treatment of prisoners by the
English law ; for upon what face of reason can that assistance be

denied to save the life of a man, which yet is allowed him in pro-
secutions for every petty trespass?" Nor indeed, strictly speaking,
is it a part of our ancient law ; for the Mirror, having ob-
served the necessity of counsel in civil suits, who know how to
forward and defend the cause by the rules of law and customs
of the realm, immediately subjoins, " and more necessary are
they for defence upon indictment and appeals of felony, than
upon any other venial crimes." To the authority of Blackstone
may be added that of Sir John Hall, in Hollis's case ; of Sir Robert
Atkyns, in Lord Russel's case; and of Sir Bartholomew Shower,
in the arguments for a New Bill of Rights, in 1682. "In the
name of God," says this Judge, "what harm can accrue to the
public in general, or to any man in particular, that, in cases of
State-treason, counsel should not be allowed to the accused ?
What rule of justice is ther: to warrant its denial, when, in a
civil case of an halfpenny cake, he may plead either by himself or
by his advocate? That the Court is Counsel for the prisoner can
be no effectual reason ; for so they are for each party,hthi
gleitilj:httirheyea,att,:oi,raltillghhioant:
s e'
summingTracts,nting
Cvlueoprl
g.
mayo
T 1
61iso
4.n Thomas
Judge
II
Rod done."—Somers'
ees v—e
effl SI
Jeffries,
in
he thought it a hard case, that a mancyiomi afpsen;.:soe:dft6l:Brit
have counsel to
defend himself for a twopenny trespass, and his witnesses be ex- '
amined upon oath ; but if he stole, committed murder or felony,
nay high treason, wherelife, estate, honour, and all were concerned,
ither have
01. x.
4tnimse.
cic.sail2ns ,:sa7so.efvt
pro-
pose
pasoTtenhitieoheitaavm pttsholinowaunionsloa;trmhne.bare' Cpbsn now alive poryetetartvitilieesai :eprilits.r:
so utterly
have b is witnesses exa-
mined
idence
eing heard
el in
High
Treason ;. and yet it cost a struggle for seven Sessions to get this
measure through the two Houses of Parlltment. 13ut mankind
much like the children they beget—they always make wry faces
at what is to do them good; and it is necessary sometimes to hold
the nose, and force the medicine down the throat. They enjoy
the health and vigour consequent upon the medicine ; but cuff the
Doctor, and sputter at his stuff !
It is ludicrous enough to recollect, when time employment of
Counsel is objected to on account of expense to the prisoner
that the same merciful law, which, to save the prisoner's money,
halalshdisensaievdinigiismoCm ousel, and produced his conviction, seizes upon
moment he is convicted.
Of all false and foolish dicta, the most trite and the most absurd
is that which asserts that the Judge is Counsel for the prisoner.
We do not hesitate to say that this is merely an unmeaning phrase,
invented to defend a pernicious abuse. The Judge cannot be
counsel for the prisoner, 0110 1
not to be counsel for the prisoner,
never is counsel for the prisoner. To force an ignorant man into
a court of justice, and to tell him that the Judge is his Counsel,
appears to us quite as foolish, as to set an hungry man down to
his meals and to tell him that the table was his dinner. In the
first place, a counsel should always have private and previous com-
munication with the prisoner, which the Judge, of course, cannot
have. The prisoner reveals to his counsel how far lie is guilty, or
he is not ; states to him all the circumstances of his case-7and
might often enable his advocate, if his advocate were allowed to
speak, to explain a long string of circumstantial evidence, in a

manner favourable to the innocence of his client. Of an these
advantages, the Judge, if he had every disposition to befriend the
prisoner, is of course deprived. Something occurs to a prisoner
in the course of the cause; he suggests it in a whisper to his
counsel, doubtful if it is a wise point to urge or not. His coun-
sel thinks it of importance, and would urge it, if his mouth were
not shut. Can a prisoner have this seeret communication with a
Judge, and take his advice, whether or net he, the Judge, shall
mention it to the jury? The counsel has (after all the evidence
has been given) a bad opinion of his client's case; but he sup-
presses that opinion ; and it is his duty to do so. He is not to
decide ; that is the province of the jury : and, in spite of his own
opinion,—his client may he innocent. He is brought there (or
would be brought there if the privilege of speech were allowed)
for the express purpose of saying all that could be said en one side
.of the question. He is a weight in one scale, and some one else
holds the balance. This is the way in which truth is elicited in
civil, and would be in criminal cases. But does the Judge ever
assume the appearance of believing a prisoner to be innocent whom
he thinks to be guilty? If the prisoner advapees inconclusive or
weak arguments, does not the Judge say they are weak,and incon-
, elusive, and does he not often sum up against his own client ?
_

How then is he counsel for the prisoner? If the counsel for the
prisoner were to see a strong point, which the counsel for the pro-
secution had missed, would he supply the deficiency of his antago-
nist, and urge what had been neglected to be urged ? But is it
not the imperious duty of the Judge to do so ? How then can
these two functionaries stand in the same relation to the prisoner ?

In fact the only meaning of the phrase is this, that the judge will
not suffer any undue advantage to be- taken of the ignorance and
helplessness of the prisoner—that he will point out any evidence
or circumitance in his favour—and see that equal justice is done
to all parties. But in this sense he is as much the counsel for the
proSecutor as of the prisoner. This is all the Judge can do, or
even pretends to do ; but he can have no previous communication
with the prisoner—he can have no confidential communication
in court,with the prisoner befiire he sums up; he cannot fling the
whole weight of his understanding into the opposite scale against the
counsel for the prosecution, and produce that collision of faculties
which, in all other cases but those cf felony, is supposed to be the
happiest method of arriving at truth. Baron Garrow, in his
'charge to the Grand Jury at Exeter, on the 16th August, 1824,
thus expressed his opinion of a Judge being counsel for the prisoner.
" It has been said, and truly said, that in criminal courts, Judges
were counsel for the prisoners. So undoubtedly they were, as
far as they could to prevent undue prejudice, to guard against
improper influence being excited against prisoners ; but it was im-
possible for them to go farther than, this ; for they could not sug-
gest the course of defence prisoners ought to pursue; for
.Judges_
only saw the depositions so short a time before the. accused ap-
peared at the bar of their country, that it was quite iMpossible for
them to act fully in that capacity." The learned Baron might

have added, that it would be more correct to call the Judge coun-
sel for the prosecution. For his only previous instructions were
the depositions for the prosecution, from which, in the absence of
counsel, he examined the evidence against the prisoner. On the
prisoner's behalf he had no instructions at all.

Can any thing then be more flagrantly and scandaloualy un-
just, than, in a long case of circumstantial evidence, to refuse to a
prisoner the benefit of counsel ? A foot-mark, a word, a sound,
a tool dropped, all give birth to the most ingenious inferences ;
and the counsel for the prosecution is so far from being blame-
able for entering into all these things, that they are all essen-
tial to the detection of guilt, and they are all links. of a long
and intricate chain. But if a close examination into, and a lo-
gical statement of all these circumstances he necessary for the
establishment of guilt, is not the same closeness of reasoning
and the same logical statement necessary for the establishment
of innocence? If justice cannot he done to society without the
intervention of a practised and ingenious mind, who may connect
all these links together, and make them clear to the apprehen-
sion of a Jury, can justice be done to the prisoner, unless si-
milar practice and similar ingenuity are employed to detect the
flaws of the chain, and to point out the disconnection of the cir-
cumstances ?

Is there any one gentleman in the House of Commons, who,
in yielding his vote to this paltry and perilous fallacy of the
Judge being counsel for the prisoner, does not feel, that, were he
himself a criminal, he would prefer almost any counsel at the
bar, to the tender mercies of the Judge? How strange that any
man who could make his election would eagerly and diligently

surrender this exquisite privilege, and addict himself to the
perilous practice of giving fees 'to counsel ? Nor let us forget,
in considering Judges as counsel for the prisoner, that there
have been such men as Chief-Justice Jeffries, Mr. Justice Page,
and Mr. Justice Alybone, and that, in bad times, such men may
re-appear. " If you do not allow me counsel, my Lords, (says
Lord Levet), it is impossible for me to make any defence, by
reason of my infirmity. Ido not see, Ido not hear. I come up
to the bar at the hazard of my life. I have fainted several

times, I have been up so early, ever since four o'clock this
morning. I therefore ask for assistance ; and if you do not al-
low me counsel, or such aid as is necessary, it will he impos-

sible for me to make any defence at all." Though Lord
Lovat's guilt was evident, yet the managers of the impeach-
ment felt so strongly the injustice which was done, that, by the
hands of Sir W. Young, the chief-manager, a bill was brought
into Parliament, to allow counsel' to persons impeached by 'that
House, which was not previously the case ; so that the evil is
already done away with in a great measure to persons of rank :
it so happens in legislation, when a gentleman suffers, pub-

lic attention is awakened to the evil of laws. Every- man
who makes laws, says, " This may be my case :" but it re-
quires the repeated efforts of humane men, or, as Mr. North calls
them, dilettanti philosophers, to awaken the -attention of law-
makers to evi:s from which they are themselves exempt. We
do. not say this to make the leaders of mankind unpopular,
but to rouse their earnest attention in cases where the poor only
are concerned, and where neither good nor evil can happen to
themselves.

A great stress is laid upon the moderation of the opening
counsel ; that is, he does not conjure the farmers in the Jury-box,
by the love which they bear to their children—he does not de-
claim upon blood guiltiness—he does not. describe the death of
Abel by Cain, the first murderer—he does not describe scattered

brains, ghastly wounds, pale features, and hair clotted with gore—
he does not do a thousand things which are not in English taste,
and which it would be very foolish, and very vulgar to do. We
readily allow all this. But yet, if it be a -cause of importance, it
is essentially necessary to our counsellor's reptitation that his man
should be hung ! and accordingly, with a very calm voice, and
composed manner, and with many expressions of candour, he
sets himself to comment astutely upon the circumstances.
Distant events are immediately connected;
meaning is given to
insignificant facts ; new motives are ascribed to innocent ac-
tions ; far Mer gives way after farmer in the Jury-box ; and a rope
of eloquence is woven round the prisoner's neck ! Every one
is delighted with the talents of the advocate ; and because
there has been no noise, no violent action, and no coequeo
perspiration, he is praised for his candour andforbearance,
and the lenity of our •laws is the theme of universal
•approba-
tion. In the mean time; the speech-maker and the prisoner
know better.
We should be glad to know of any one nation in the world,
taxed by kings, or even imagined by poets (except the Eng--
lid)), who have refused to prisoners the benefit of counsel.
Why is the voice of humanity heard every where else, and
disregarded here? In Scotland, the accused have not only
counsel to speak for them, but a copy of the indictment, and
a list of the witnesses. In France, in the Netherlands, in the
whole of Europe, counsel are allotted as a matter of course.
Every where else but here, accusation is considered as unfisvour-
able to the exercise of human faculties. It is admitted to be
that crisis in which, above all others, an unhappy man wants
the aid of eloquence, wisdom, and coolness. In France, the Na-
poleon Code has provided not only that counsel should be allowed
to the prisoner, but that, as with Scotland, his counsel should
have the last word.
It is a most affecting moment in a Court of Justice when the
evidence has all been heard, and the Judge asks the prisoner what
he has to say in his defence. The prisoner, who has (by great
exertions, perhaps, of his friends) saved up money enough to pro-
):. aou speak for yourselfsp,oor girl of
eighteen—to a foreigner—to a deaf man—to a stammerer—to the sick you must
cure Counsel, says to the Judge, " that be leaves his defence to
his Counsel." We have often blushed for English humanity to
hear the reply, '
and Your
Counselthi cannotie
reply s
givenpeak for
—to the feeble—to the old—to the most abject and ignorant of hu ma n
beings ! It is a reply, we must say, at which common sense and