Celebrated trials of all countries, and remarkable cases of criminal jurisprudence / Selected by a member of the Philadelphia bar [i.e. J.J. Smith].

  • John Jay Smith
Date:
1835
Catalogue details

Licence: Public Domain Mark

Credit: Celebrated trials of all countries, and remarkable cases of criminal jurisprudence / Selected by a member of the Philadelphia bar [i.e. J.J. Smith]. Source: Wellcome Collection.

    560/612 (page 550)
    Prisoner.—Was there not at the time in the possession of sir William Cur- tis and company, a deed of assignment placed there by John Dixon and com- pany as a collateral security for any bills that might be discounted 1 Mr. Robarts.—There is in our possession a deed of assignment purporting to be a collateral security to us for any bills or advances we might make to the house of John Dixon and company. The prisoner then addressed himself to the jury to the following effect:— Gentlemen,—I stand before you in a situation, which renders any strug- gle or endeavour on my part to obtain an acquittal vain. When 1 was brought up on my former trial, 1 applied to the court to have it postponed, in order that I might have the opportunity of examining my books and accounts, and by that means be enabled to shape the form of my defence. That request, it appeared, could not be granted, and the trial proceeded. The natural conse- ■quences followed ; a case was established against me, I was unprepared with a defence, and was consequently convicted. 1 beg leave, however, to ac- knowledge my best thanks to the learned judge who presided on that occa- sion, for the very humane and impartial manner in which he put my case to the jury. It is true, that since my last trial, I have been offered the oppor- tunity of using my books as I then requested, but it is now too late to be of any service to me. If that oiler had been made before my conviction, I should have been able to have made an available defence; but, as I before said, it is now too late—I am already convicted. Any proof, therefore, that I might bring would be of no avail. The offer of the use of my books now, or of producing evidence, now that I have been found guilty, is in fact the same as to say to a man who has on a strait waistcoat, be free. Under these circumstances, I consider any defence that I might offer would be perfectly useless- I have now no money of my own. I took no money of any of my creditors when 1 endeavoured to escape from this land. The little that I had about me was advanced by my friends, and that was taken from me upon my apprehension. I was once in better circumstances, but since my bankruptcy I,have had no supply which would enable me to enter into the expense of a defence aided by counsel. My friends, it is true, would have come forward for me now, as they did on the former occasion, had I not positively denied to give my consent to what I considered would be a wasteful expenditure of money. I have therefore no counsel, and can only throw myself upon the merciful consideration of the court and of the jury, reminding them that a wife and ten children are dependent upon my exertions for their existence. The jury, after a short deliberation, said, they believed the prisoner to be guilty of uttering the bill with a knowledge of its having been forged, but they were not unanimous in the opinion that it had been uttered with a view to defraud. Mr. Justice Park.—I cannot take such a verdict, gentlemen; you must say whether you believe him to be guilty or not guilty of the general charge. The jury again consulted for a short time, and then returned a verdict of Guilty, but begged to recommend the prisoner to mercy. Mr. Justice Park.—Upon what ground, gentlemen ] Foreman.—Upon the ground my lord, that a collateral security had been placed by him in the hands of sir William Curtis and company. Mr. Justice Park.—If by that, gentlemen, you mean to acquit the prisoner of an intention of fraud, I cannot receive the verdict. I must tell you that the circumstance of there being a collateral security for bills or cash advanced in the regular way of business, and in bona Jide transactions, is not sufficient to acquit the prisoner of fraud ; for, if he uttered the bill in question with a knowledge of its being a forgery, he must have done it with a view to defraud some one or another. Some of the jury appeared anxious to argue the point with his lordship, but he cut them short by saying that it did not become the dignity of the bench to be reasoned with in such a manner. If the jury had any difficult