Life of Thomas, First Lord Denman, Vol. 2 of 2
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Excerpt from Life of Thomas, First Lord Denman, Vol. 2 of 2: Formerly Lord Chief Justice of England House of Lords: first, that the jury list was imperfect; second, that verdict and judgment were given generally on all the counts of the indictment, some of them being bad, 137. The judges unanimous against the first objection, 137. Six to two against the second objection, 138. judgment of Lord´s on September 4, 1844, 138. Lyndhurst and Brougham against the objections, 138. Denman, Cottenham, and Campbell in favor of the objections, 138. So the sentence was quashed, and O´Connell discharged, 138. Analysis of Denman´s judgment, 138. Key-note struck in the opening sentences, 138. The famous words "A mockery, a delusion, and a snare," 139. Argument on the first objection, as to the jury list, 139. Ground on which the judges had held that there could be no challenge to the array, 139. Denman´s answer to this view, 139. True principle of challenge to the array, 140. A grievous wrong admitted, yet no remedy, if challenge to the array excluded, 14O. The absence of all other remedy shows that the old remedy of challenge to the array must exist, 142. Argument on the second point, viz., that a general judgment on an indictment containing many counts, some being bad, can not be supported, 142. This objection shown to be not purely technical, 142. Condemnation of long, unintelligible indictments, 142. judgment of the House of Lords on this point has ever since been followed, in the administration of the Criminal Law, 143. Mr. (now Sir) Barnes Peacock raised and principally argued this point, 143. Impression produced on the public by Denman´s judgment, 143. Testimony by the Press as to its admirable delivery, 143. Action of the speaker, 144. Fact communicated by Mr. Justice Denman, 144. Estimate by the "Morning Chronicle" of the lasting value of the judgment, 144. Letter to Denman on the judgment, from his old friend Shadwell, V. C., September 7, 1844, 145. From. Empson, September 15, 146. Effect in Ireland of the judgment, 146. Letters from Denman to various persons on the judgment, 146. To his brother-in-law, Rev. J. Vevers, 147. To Coleridge, September 20, 1844, describing what took place in the House of Lords, and elsewhere, previous to and at the time of the delivery of the judgment, 147. Parkes judgment on the second objection ascribed to disappointment in not having been made Chief Baron on Lord Abinger´s death, 148. Indignation of Denman at this base and baseless insinuation, 149. Tribute to Parke, 149. Another account by Denman of the private history of the judgment, in a letter to his son-in-law, H. W. Macaulay, 149. Denman did not make up his mind on the second objection till the last moment, 150. The Lay Lords wished to vote on the question, 150. Results if the Lay Lords had swamped the Law Lords, 151. This scandal averted by the Duke of Wellitngton, 151. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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