Rome in 1860 by Edward Dicey
page 40 of 162 (24%)
page 40 of 162 (24%)
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character of the evidence was, or what was the relative credibility of
the witnesses, whose very names I know not, or how far their assertions were borne out or contradicted by circumstantial proof, are all matters on which (though the whole character of the crime depends on them) I can form no opinion whatever. The trial occupied but one day, and yet the above sentence, it appears, was not communicated to the prisoner till the 15th of October, 1858, that is, over five months afterwards. When the official announcement of the sentence was made, the prisoner declared his intention of appealing against its justice. By the Papal law, every person condemned for a criminal offence, by the lay tribunals, has the right of appealing to the Supreme Pontifical Court. It is, therefore, needless to say, that in all cases where sentence of death is passed, an appeal is made on any ground, however trivial, as the condemned culprit cannot lose by this step, and may gain. The practical and obvious objection to this unqualified power of appeal, is that the supreme ecclesiastical court is the real judge, not the nominal lay court, which does little more than register the fact, that the crime is proved _prima facie_. On the 15th of February, 1859, after a delay of four months more from the time of appeal, the court of the supreme tribunal of the Consulta Sacra, assembled at the Monte Citorio in Rome, to try the appeal. The court was composed of six "most illustrious and reverend Judges," all "Monsignori" and all dignitaries of the Church, assisted by a public prosecutor and counsel for the defence, attached to the Papal exchequer. The course of proceedings appears to be much the same as in the inferior courts, except that no witnesses, save the prisoner, were examined orally, and the whole evidence was taken from written depositions. At last, after "invoking the most sacred name of God," the court pronounce their sentence. This |
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