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Updated: May 3, 2025
This class spirit may have been more powerful than bribery in its production of suspicious acquittals; and the fact that prosecution was frankly recognised as the commonest of party weapons, and that speeches for the prosecution and defence teemed with irrelevant political allusions, reduced the question of the guilt of the accused to subordinate proportions in the eyes of all the participants in this judicial warfare.
It represented, however, not quite half the total number of cases of accusation recorded. In consequence the other verdicts and sentences have significance. Especially is this true of the acquittals. They amounted to thirty, perhaps to forty. When we add the trials of which we do not know the outcome, we can guess that the number was close to the sum total of executions.
This has been the subject of much complaint on the part of the public; still a man may condemn such acquittals and when placed on a jury will himself vote for acquittal. After all, the juries are right. Most of the cases of murder against women involve sex relations.
It is not perceived how the majority of the people are answerable for the verdicts rendered. The guilty have often been erroneously acquitted in all countries, and in France particularly, recent instances are not wanting of acquittals especially in prosecutions for political offences, against clear and indisputable testimony.
The acquittals did not average so many as five per cent. All the witches confessed that they had been present at the great Domdaniel, or Sabbath.
It is needless to say that the demand was not granted. There were two or three other acquittals, of prominent outsiders.
Mistaken acquittals by these courts were beyond correction, for in the South slaves like freemen could not be twice put in jeopardy for the same offense. Their convictions, on the other hand, were sometimes set aside by higher courts on appeal, or their sentences estopped from execution by the governor's pardon.
He had to enforce with drastic rigour all the penalties decreed by the placards against heretics and preachers, and to deal summarily with all who had taken any part in opposition to the government. But to attempt to do this by means of the ordinary courts and magistrates would consume time and lead to many acquittals.
It is to be regretted that we have not the records by which to compute the acquittals of this period. In a large number of cases where we have depositions we have no statement of the outcome. This is particularly true of Yorkshire. As has been pointed out in the earlier part of the chapter, we can be sure that most of these cases were dismissed or were never brought to trial.
It is distinctly interesting to compare this with the table showing the results of all the homicide trials for the past eight years irrespective of the sex of the defendants: Convictions Acquittals Convictions Acquittals Per Cent Per Cent Total..........135......107.....Aver. 55...Aver. 45
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