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Updated: June 14, 2025
The testimony of their own witnesses convicted them of subornation of perjury to destroy Smith. He was acquitted by the jury of all the charges against him, and Kendall, who had conducted the prosecution, was condemned to pay him £200 damages.
If one may judge from the experience of Bougainville, this kind of subornation would be somewhat difficult of accomplishment. To return. The night after falling in with these people, was passed on the banks of a pretty considerable river, on which the party made a fire, and erected a sort of tents with the sails of their boats, the weather being cold, though fine.
The first of these discovered those practices to the government; and one Clancey, who acted as agent for lady Fenwick, was tried, convicted of subornation, fined, and set in the pillory; but they had succeeded better in their attempts upon Goodman, who disappeared; so that one witness only remained, and Fenwick began to think his life was out of danger.
Brown for that purpose would now be thrown away; the whole manner of giving evidence, etc., would now be altered." The graver charges of subornation of perjury etc., were abandoned, and Macdonald's friends confined themselves to an attempt to prove that the inquiry had been unfairly conducted, that the warden had been harshly treated, and the testimony not fairly reported.
No monarch having in his grip a claimant with an undeniably strong title to his throne would have allowed that claimant to escape from his clutches. Still any monarch situated like Elizabeth would have maintained, and probably have acted upon, the right to put the captive to death, if proved to be guilty of complicity in treason or subornation thereof.
The first of these was tried for robbing the Treasury in Ireland, and although he was acquitted for want of legal proof, yet every person in the Court believed him to be guilty. The second was tried for a rape, and stands recorded in the votes of the House of Commons, for endeavouring by perjury and subornation, to take away the life of John Bingham, Esq.
My mind had been gradually weaning from Mr. Falkland, till its feeling rose to something like abhorrence. I had long cherished a reverence for him, which not even animosity and subornation on his part could utterly destroy.
Although I must acknowledge that some of our flaming patriots were thus manufactured, I do not think the process would hold good with a whole community. It is a dangerous experiment. We are to succeed in the French mode, by the system of fraternization all is French. But how dreadfully it might be retorted on the southern and western slave-holding States. I detest this subornation of treason.
Perjury, oppression, subornation, fraud, pandarism, and the like infirmities, were among the most excusable arts they had to mention; and for these I gave, as it was reasonable, great allowance.
Indeed when I saw the Proceedings against this poor Man run to a heighth so extravagant and monstrous, when I found Malice, Forgery, Subornation, Perjury, and a thousand unjustifiable Things which their own Sense, if they had any, might ha' been their Protection against, and which any Child in the Moon might ha' told them must one time or other come upon the Stage and expose them; I began to think these People were all in the Crolian Plot too.
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