CIRCUIT REMINISCENSES AND TRIAL BY JURY.

Colonist, Volume III, Issue 242, 14 February 1860, Page 3

CIRCUIT REMINISCENSES AND TRIAL BY JURY.

(From the Times.) Sir John Coleridge delivered a lecture-to the members of the literary society at the. Athenaeum, Exeter, on Wednesday evening, entitled " Circuit Reminiscences/" Mr. Siliifant presided. The audience was numerous and influential. After some introductory remarks on the advantage of judges itinerating throughout the land,'the lecturer said that going die. circuit, in his younger days was a very different thing to what it has been since the introduction of railways. It was then much more expensive and formal; indeed it was not untruly considered that the whole body-going circuit, expended more than it carried away. The judges did not post, but went in sober state, four-in-hand. Barristers posted, as it was considered irregular to travel in a public conveyance. The mess was then rather expensive; the bar their own cellar of wine, under the care of their own officers, who went the circuit. The leader ofthe circuit was expected to be frequent in his attendance at mess, for to him they appealed to decide disputed points of professional etiquette. Those were days when gentlemen in common life wore clothes of every color, but the barrister was always expected to dine in black. He remembered on one occasion going out for a walk with other members of the Western Circuit in a to*.vn in Somerset, and they met the judges. ' One" of the party wore a black ner'kerchief, and a blue cap with a gold band round it. It chanced that a recruiting party, with drum and fife, passed at thetime, and when they were afterwards sitting dnvh at luncheon, the judge's butler waited upon them with their lordship's compliments, and to say that there was a recru'ting party in the town, and, if any of them had a military turn of mind, there was a fine opportunity for them to indulge themselves to their heart's content. (Laughter.) In his early career, although the law did not allow him to languish in idleness, still he had many idle days. He was fond of employing them in note-taking, whenever cases of an interesting character presented themselves, and he had found great benefit therefrom, especially at times when the facility of taking a rapid ancl accurate note became of great importance to him. He found that he had a note of a remarkable case which he had heard while on circuit in Cornwall. Tne story was this :—ln the county of Cornwall there lived a highly respectable family named Robinson, consisting of two sons,' William and Nicholas, and two daughters. The property was* settled on the two sons and their male issue, and in case of death on tho two daughters. William was to be the 'squire, and Nicholas was placed with an eminent attorney at St. f Austell, as his clerk, but with a prospect of being one 'day being admitted into partnership. The young man conducted himself well and respectably, and the attorney became much . attached to him. The harmony, however, between the two and between the family was broken, for Nicholas had fallen in love with a young vvoman at St.-Austell, "who was a milliner or a milliner's apprentice. The result was that in November, 1782, the young man was sent to London to qualify himself as an attorney, and thence he wrote unhappy letters to his old master and others, but he was ultimately admitted an attorney ofthe Courts of Queen's Bench, and common Pleas, Thenceforword he was never seen by any member of his family or former friends, and all search for him proved fruitless. In the course of time the old Robinson died. William the eldest son, succeeded to the property; he never married, and died in May-i 1802. As nothing was heard of Nicholas, the two sisters became entitled to the property, and they held possession of it for 20 years, no claim being made to disturb their enjoyment of it. In 1783 a young man whose looks .and manners were above his means and station had made his appearance as a stranger at Liverpool.- He called himself Nathaniel Richardson—the same initials, as Nicholas Robinson. He bought a* cab and horse and plied'for ..hire in the streets of Liverpool. Being a civil, sober, and prudent man, he,-soon became prosperous and drove a coach between London and Liverpool. He married,, had children, and gradually acquired considerable property. Having gone to Wales to purchase horses in 1802; he was by an accident drovfried

inthe Mersey. In the year 1821 it was said that this Nathaniel Richardson was no * other than Nicholas Robinson, and his 1 eldest son claimed the property which was . then inherited by the two daughters, and i tho action was tried in Cornwall. Nearly ■40 years had elapsed since any one had , seen Nicholas Robinson, but it was made out conclusively, in a most remarkable way, and by a variety of small circumstances, all pointing to one conclusion, that, Nathaniel Richardson was the identical Nicholson Robinson. The Cornish witnesses and the Liverpool witnesses agreed ■in the description of his person, his height, the color of his hair, his general appearance, and more particularly it was mentioned that he had a peculiar habit of biting his nails, .and that he had a great fondness for horses. In addition to other circircumstances, there was this most remarkable one,-—that Nathaniel's widow married again and the furniture and the effects were taken to the second husband's house. Among the articles was an od trunk which she had never seen opened, but it happened one day that this old trunk, was through curiosity examined, and, among other letters and papers, the two certificates .of Nicholas Robinson's admission as aforneyto the Courts of Queen's Benclvand Common Pleas were found. On .the trial,.the old*master- of Nicholas Robinson, alias Nathaniel Richardson, swore to his handwriting, and so the property was recovered. The right hon/gentleman, in referring to the trials of Feargus O'Connor^ and O'Brien, at which he presided as judge, observed that the Chartist body at that time interested him a good deal. For the most part, i(s members appeared to have been honest, but misguided persons He had, no doubt if the movement had not been suppressed that it would have led on to plunder and havoc, and that blood would have flowed like water, for the occupation and habits of these men made them a hard-handed and stern-race. The way in which some.,of them defended themselves was remarkable; although speaking with a Lancashire pronunciation, which"-was difficult to understand, they nevertheless, spoke pure English. and quoted — not the works of Tom Paine and _ other infidel writers, but such writers as Algernor Sidney. Sir William Jones, John Locke, and John Milton. There were men among them who, after working 10 or, 12 hours a-day, had been diligent readers, and were better English scholars than many of the jurymen who tried them. After passing a glowing eulogium on the legal and forensic abilities of-two of his contemporaries—Er.-.kin and Follett, Sir John Coleridge concluded by warmly advocating the system of trial by jury, or as as it was more correctly termed, " trial by judge and jury.' He did not mean to say ' that this mode of trial was perfect, nor that it was appropriate in deciding ail matters of fact. He was far from saying that it would not admit of some improvement; bu. speaking from long experience and from much consideration in nothing was he more confident than in thinking that to trial by jury they were more indebted, as members of society, as citizens, in respect to their property, their ' character, their safety, and their liberty, ; than to any. other single institution in the country. (Cheers.) He had been a judge for an unusually long period, and he should ! ever regard with admiration, the manner ' in which juries discharged their duties. ■ Again and again he had reason to marvel at their patience, and again and again he had observed questions put by »a jury ' which had been omitted by council and ' judge, the answer to which had thrown a \ light that had guided them to the- truth of the whole matter. (Cheers.) As it re- ' garded the judge and society generally, the ' institution of trial by jury wa& most impor- ( tant. Take it away -I'Vum the merchant, ' the tradesman, and the farmer, and they ' ventured-to say that they would take away ' one of the most important institutions which ' distinguished this country from every othef nation. (Cheers.) It was one, and not the least important, part of their system of -1 self-government. (Hear.) It was also a material part of a citizen's education. He ' had often thought that if he had the appointment of the magistrates in the country ■ that he would appoint those gentlemen ' who had served on petty juries on the ' Crown side for two assizes at least.; for he was sure that a more practical knowledge ' of criminal law was learnt in that way than ' could be acquired by several months of. ' careful reading. (Laughter.) Earnestly ' did he hope that.in their laudable desire to '' improve their institutions they would never ' fancy themselves more wise than their ancestors and dispense with trial by jury. (Cheers.) Le,t them be true to its principle, if they improved it in some of its details. Let them cherish it as an inestima- f ble treasure, and guard it as they did their ! Habeas Corpus, their bill of rights, and their Magna Charta (Cheers), for sure he was not less essential than any one of these to their, well-being—civil, social and national. (Cheers.) One thing should always be ' remembered, that stupid verdicts were no arguments against the institution, for no human institution, however wise in itself, could be expected to work perfectly. Let them improve their jury— men by raising the character of their national education ; let them introduce into their panal all classes who by law were liable'to serve; and When they found that they had done that, and not till then, if they fbuud it to fail, let them condemn the institution. (Cheers.) They lived under a law which, though far from perfect, was 'framed; in a.wise and just spirit. They could not possibly overrate the blessing which they possessed, yet it was so much a matter of course that they were apt to think as little of it as they did of the sun that shone upon them : from Heavep. : Such was huraaii nature, ajid he should, not '.■-.-'..*■ -A--. "<x '"• '■'■■ :' ■' ■ ,yisA> - \

consider that he had spoken so long that eyening in, vain, and they would not have listened so patiently for nothing, if whsU had been said:to them should rouse them to a grateful sense: of blessing they enjoyed,* and to an earnest resolution that as,far as it was in; their power they would , hand down this institution of trial by jur^/pure and undeminished to their latest.po'sLiity. (Protracted Cheering.)