The Western Times, (12th August, 1843), 14 years before John Taylor Coleridge met Tom Pooley, gives a glimpse of the character of that judge which I find enlightening.
The newspaper was of the opinion that this was a judge who had a disposition to bolt, when on this Western Circuit. It claimed that the judge was in the habit of sneaking off home as fast as four post horses could take him, neglecting his duties by delegating to juniors and, as a consequence, endangering justice. In August 1843, he had been sitting at the Cornish Assize Court:
"The learned Judge, it is said, passionately loves his country seat. It is certainly an amiable feeling the desire to snatch a few hours out of the Assize in order to enjoy the beautiful scenery and peaceful retreat of the charming neighbourhood of Ottery St. Mary.
"We can readily understand the temptations by which the learned judge is assailed; but the difnity of his office requires that when he chooses to snatch a few hours from Court, for the indulgence of his rustic taste and his home memmories, he should in deference to public opinion, and the character of British justice, avail himself of the best helps, inseaed of the most inexperienced and not the most efficient."
Discrepancies of judgement were accordingly taking place: "A man was tried and convicted.... of stealing two pints of cider, the property of a person described as a gentleman and was sentenced....to seven years' transportation" Another prisoner convicted of stealing a cow was sentenced....to one year's imprisonment."
(I publish this at a time when Keir Starmer's judges are handing down what seem to be unreasonably punitive sentences for trivial offences while serious offenders are being released from gaols.)
"But the Judges have won this lofty character by the integrity and laborious zeal with which they have hitherto discharged their office. The high character of the Judges is national property. Mr. Justice Coleridge by neglecting his duties and delegating them to 'inferior hands' for his own personal convenience, perils the reputation of the Bench and in so doing lays himself open to public censure and animadversion.
"It is not denied that the learned Judge showed symptons of impatience towards the close of his labours, and that he actually left the town whilst the Jury was locked up in the last case, and that he left thus precipitately on the Tuesday."
No comments:
Post a Comment