The sun., 1891-07-14
An Innocent Convict.

An Innocent Convict.
A remarkable case has recently occupied
the attention OF the Queens Bench Division
OF the High Court OF Justice In England,
which furnishes striking illustration OF the
injustice OF the rule OF criminal procedure in
that country which prevents prisoner from
testfying In his own behalf. The suit was a
civil action brought by the official liquidator
OF the Great Eastern Steamship Syndicate
against tho Chairman OF the late Great East
ern Steamship Company. Mr.WILL1AM BAR
BER, gentleman 81 years OF age, to recover
damages growing out OF an alleged fraud In
| inducing the agent OF the syndicate to ac-
cept charter party which was invalid and
was known to the defendant to DO valueless.
! The plaintiffs were represented by Sir
CHARLES RUSSELL. and the Attorney
General Of England appeared for the de-
fendant. On the fourth day Of the trial Mr..
BARBER took the witness stand in his own
behalf, being competent to testify for him.
self in civil case and gave his evidence In
SO clear. vigorous. and truthful q manner as
to create most favorable impression upon
nll who hen. d it. His own counsel brought
out tho fact that he had been prosecuted
crimiuav for the samo alleged fraud, and
had been convicted and sentenced to i'm
prisonmcnt for month. and served out his
sentence; but the trial OF this civil suit was
the first opportunity he had ever had openly
and personally to attest his innocence.
Tho testimony OF the venerable defendant
seems to have convinced almost every one
present in court that he was guiltless. At
all events. 1t convinced Sir CHARLES Rus
SELL, the counsel for tho plaintiffs. who
upon coming before Lord Chief Justice
CoLER1DGE, the presiding Judge. on the fol-
lowing day, announced that an adjustment
OF the case had been agree upon. and add
ell that, having heard the statements OF tho
old gentleman, Mr.. BARBER, he did not feel
warranted in rejecting them, but he accept
ed tho statement Of the defendant that in
entering into the arrangement which was
attacked rs fraudulent he was not conscious
that he was assisting in carrying out any
fraud. Lord CoLERIDaE then spoke to the
jury as follows:
"Gentlemcn. am happy to say that this matter Is at
end I 10 not know whether express your feeling
in the matter but know that am glad tho went
far as that tho defend ant MIR BARnkR was called
Into tho witness hox to give the anation wich was
heard by you. Gentlemen. am bound to that his
statement producet upon my mind complete convic-
tion OF his innocence Whether Or not In any other
part OF his conduct he acted wisely, know but
am bound to say his evidence produced in my mind a
strong conviction that In all he did he acted
OF honor and ry and that the conviction against
him must have been owing mainly to tho fact that he
could no. be heard in his behalf. am now bound
tosay that the bill o; the Lord Chancellor enabling
persons accused to he called in their own defence has
my hearty sanction. and indeed supported by my
speech In tho House OF Lords: and IL 1t cannot be
passed in tho present session. tho general opinion in
Its favor will insure Its ultimately becoming law and
such result have in this Is not
likely 70 occur again"
At the conclusion OF tho remarks of tho
Lord Chief Justice, the jurors arose in their
box and said with one voice that they were
unanimously Of the same opinion.
In New York defendants In criminal cases
have been allowed to testify In their own be-
half ever since the year 1869. Prior to TINT
time they could not give evidence in their
own favor. A change in the English law
similar to that which has taken place in this
State has long been advocated by able law
yers, but has also been stubbornly resisted.
Sir JAMES FITzJAMEs STEPHEN who lately
retired from the English bench by reason of
his failing health one OF the ablest modern
writer's on the Jurisprudence OF England
has been prominent advocate OF tho
change, and in the draft OF Criminal Code
which he aided in preparing in 1879 there was
a provision on the subject closely resembling
that in the Penal Code of New York.