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Updated: May 8, 2025
Judge Patterson held a few terms of court in counties when he could organize grand juries of Union men, and did something toward preserving peace and order in the community. He aided the Union people and the Union cause in every possible way, and thus became amenable to the hostility of the secessionists, who subjected him to great difficulty and danger.
Here there were murmurs of applause, which caused the criers to call out for "Silence!" and the police to look fiercely on the people around them. Mr. Mitchel resumed: "I have shown what the law is made of in Ireland. I have shown that her Majesty's government sustains itself in Ireland by packed juries, by partizan judges, by perjured sheriffs." Baron Lefroy interposed.
This is a court composed of a few members amongst the civil judges, assisted by the Procureur-General or Attorney-General. Their juries for the trial of criminals are selected from much higher classes in society than with us in England; a circumstance the effect of absolute necessity, owing to the extreme ignorance of the middling ranks and the lower classes.
This is all we know directly about any tendency to question evidence at Lancaster in 1612, but a good deal more may be inferred from what is not there. A comparison of that trial with other contemporary trials will convince any one that Justices Altham and Bromley must have ruled out certain forms of evidence. There were no experiments made of any sort nor any female juries set inspecting.
Juries, like all crowds, are profoundly impressed by prestige, and President des Glajeux very properly remarks that, very democratic as juries are in their composition, they are very aristocratic in their likes and dislikes: "Name, birth, great wealth, celebrity, the assistance of an illustrious counsel, everything in the nature of distinction or that lends brilliancy to the accused, stands him in extremely good stead."
The evidence secured was absolutely conclusive, but unfortunately juries are generally unwilling to take the uncorroborated word of a policeman against that of a defendant particularly if the defendant be a young and pretty woman. Here at the very outset was a complete confession on the part of Mrs. Parker, supplemented by illustrations from her own pen of what she could do.
Those who had lately been the lords of the island now cried out, in the bitterness of their souls, that they had become a prey and a laughingstock to their own serfs and menials; that houses were burnt and cattle stolen with impunity; that the new soldiers roamed the country, pillaging, insulting, ravishing, maiming, tossing one Protestant in a blanket, tying up another by the hair and scourging him; that to appeal to the law was vain; that Irish Judges, Sheriffs, juries, and witnesses were all in a league to save Irish criminals; and that, even without an Act of Parliament, the whole soil would soon change hands; for that, in every action of ejectment tried under the administration of Tyrconnel, judgment had been given for the native against the Englishman.
In the future the system may prove too rigid. At the present time it works and keeps the courts clear of political influence. Juries are not so universal in Canada as in the United States. In civil cases, where the points of law are complicated, the tendency is to let the judge guide the verdict of the court. There is one feature of Canadian justice which sentimentalists deplore.
'Tis said, "This power is in the court as a right of resistance is in the people, as the people have a power superior to the prerogative of the prince, though no written or express law for it; so of necessity though no statute directs it, and it may seem to overturn the greatest security men have for their liberties, yet the court has a power of dissolving grand juries, if they refuse to find or present as the court shall direct."
It may here be repeated that this oath plainly proves that the statutes of the king were of no authority over juries, if inconsistent with their ideas of right; because it was one part of the common law that juries should try all causes according to their own consciences, any legislation of the king to the contrary notwithstanding.
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