Blackwood's Edinburgh Magazine — Volume 53, No. 327, January, 1843 by Various
page 72 of 348 (20%)
page 72 of 348 (20%)
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"The error of his condemnation arose from the mistake of the
witnesses--from the fatal resemblance to one of the culprits not apprehended. Nothing gave reason to suspect at that time the cause of the error in which the witnesses had fallen." We beg to observe that the whole trial was conducted in a slovenly and shameful manner. A man is condemned on the deposition of witnesses;--witnesses, be it observed, of such dulness of perception, and such confidence in their notions, that they persisted in declaring Guesno to be one of the culprits as well as Lesurques. Yet the _alibi_ of Guesno was proved beyond a doubt. How, then, could the jury, with this instance of mistake before their eyes, and which they themselves had condemned as a mistake by acquitting Guesno--how could they place such firm reliance on those self-same testimonies when applied to Lesurques? If they could convict Lesurques upon such evidence, why not also convict Guesno on it? Guesno proved an _alibi_--so did Lesurques; but because one foolish friend perjured himself to serve Lesurques, the jury hastily set down all his friends as perjurers; they had no evidence of this; it was a mere indignant reaction of feeling, and, as such, a violation of their office. The case ought to have been sifted. It was shuffled over hastily. A verdict, passed in anger, was executed, though at the time a strong doubt existed in the minds of the judges as to its propriety! Neither the Directory nor the Consulate, neither the Empire nor the Restoration, paid attention to the widow's supplications for a revision of the sentence, that her husband's name might be cleared, and his property restored. In vain did M. Salgues devote ten years to the defence of the injured family; in vain did M. Merilhou, in an important _proces_, warmly espouse the cause; the different governments believed |
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