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the following year, on the accession of the Whigs being announced to Hope he blazed up in a great to power, Jeffrey—thus anticipating the later prac- fury and declared that such conduct was dishonortice-resigned the deanship on becoming lord ad- | able. Inglis was not present at the moment, but on vocate, and he was succeeded in office by Hope, being told what had taken place, he rushed into the who thereafter held it during the whole of his sub- court in a great rage, flung down his papers and sequent career at the bar. According to Cockburn, told Hope that as long as he sat on the bench he whose estimates—however picturesque and amusing (Inglis) would never plead before the court again.
-were, it must be remembered, apt to be colored Moncreiff (the late Jord justice clerk. then at the by political feeling, Hope's style of oratory was of bar) endeavored to bring about a pacification, but the foaming, declamatory style: our high-pressure Inglis would bave none of it until Ilope wrote a letdean,” he writes, screams, and gesticulates, and ter apologizing for what he had said; and this beperspires more in any forenoon than the whole bar ing done matters were smoothed over. Besides his of England (I say nothing of Ireland) in a reign.” | impetuosity he had other failings: he would take Scott's estimate, already given, differs radically strong dislikes to particular members of the bar, and from this; he, of course, saw Hope with more this is always a serious failing in a judge, although friendly eyes.
unfortunately, it is by no means uncommon. As to In the great Auchterarder case, which aroused so
his judgments, the matter of most of them was very much excitement throughout Scotland, and which mediocre; his powerful memory was here rather a led eventually to the secession of 1843, Hope was
draw back than a help, for it made him cling too leading counsel for thic patron and intruded minis- tenaciously to precedent. Yet, making every deter. The case was argued before the whole court, duction, Hope was still a notable man, and a judge the argument extending over ten days, and the de- who endeavored to do his duty conscientiously and livery of the judgments occupying a further seven well. days. Hope was successful, judgment being given
In the Court of Justiciary he presided at the for the pursuers both in Scotland and in the House trial of Madeline Smith in 1857 for poisoing her of Lords. This appears to have been about the only lover, and his summing up was generally considered memorable cause in which Hope was engaged while
a very impartial presentation of the facts. The at the bar. He, however, always had a very large verdict, it will be remembered, was Not proven.” practice, to which he devoted himself with extra
He continued to discharge his various duties ordinary intensity. Late at night and early in the
with bis accustomed energy till very shortly before morning he was at his papers; and no client could his death, which took place suddenly at his house ever complain that the dean had not made himself in Moray-place, Edinburgh, on the 14th June, 1858. master of his facts; yet in his busiest years he could He had been engaged in his library between seven find time, as only the busiest men it seems can find and eight o'clock, and by 11.30 he had breathed his time, to keep up his reading in general literature. last.— Lair Times. Gifted with a tenacious memory, it is said he never forgot even the smallest details of old cases or the
THE LAW OF THE VENEZUELAN CASE. books he had perused. In 1841 bis father resigned his office as lord presi CAREFUL study of executive document No.
A dent, being succeeded by Boyle, the lord justice
226 of the Fiftieth Congress, first session, clerk, the vacancy occurring in the latter oflice being wherein the President transmits to Congress the filled by llope, who, at the same time, was sworn of correspondence relating to the pending undary the Privy Council. Of his career on the bench | dispute between Venezuela and British Guiana, there have been varying accounts, His industry be discloses only a single issue; and this, in the clear undoubtedly carried with him; that was accom- light of international law, proves to be a very simpanied, however, by his old impetuosity and hasty ple one, upon which no two intelligent arbitrators speech. An instance of this is related in the bio- will be likely to disagree. The single issue is graphy of Lord President Inglis. In one case in whether Spain, by merely discovering, without which Inglis was engaged Hope took a very strong settling or occupying, the disputed Guiana coast, view adverse to Inglis' contention sooner than per- acquired such a title to the back-lying territory haps he ought to have done, that is, without hear that every subsequent actual settlement of such ing the whole of the argument. Inglis, seeing this territory by the Dutch became wrongful, and that and feeling that it was of no use to go on then, only occasional armed protests by Spain, at intervals strategically asked for a continuation of the case in of years or centuries, were necessary to maintain accordance with the forms then in vogue. Before her title, without any interval of permanent occupathe case came on again an appeal had been taken to tion by the Spanish from 1531 until to-day. In the House of Lords on another point, and on this short, does discovery without occupation give title
ch. vii) :
against those who permanently occupy, but bad not government and established boundaries, within the good fortune originally to discover?
which some places are left unoccupied. Vattel In order to be assured that this is all there is of places in another category a newly discovered contithe Venezuelan question, it is to be observed that nent in which rival countries are obtaining title by
occupancy. Of such a country he says (Book II, the diplomats who have at various times had charge of the case of Venezuela, do not deny the continui
“If two or many nations discover and possess at ous possession of the disputed territory by the the same time an island, or any other desert land, Dutch alone for three centuries, but actually charge without a master, they ought to agree between it upon them as part or their fault, under the names themselves and make an equitable partition ; but if of usurpation, intrusions and aggressions. Nor do they cannot agree, each will bave the right of emthe Venezuelan diplomatists allege, except in the pire and domain of the parts in which they first case of a few missionaries to the Indians between settled. It may happen that a nation
may 1531 and 1580, that any Spanish residents or per propriating to itself certain rights, in a country
tented with possessing only certain places, or apsons rendering allegiance to Spain have ever gone
that has not a master, and be little desirous of posinto the disputed territory, except as small armed
sessing the whole country. In this case another expeditions coming by land or sea merely to drive
may take what the first has neglected,” etc. out
or capture the Dutch. The sole tendency The Venezuelan lawyers declare that what is extowards settlement of the country in dispute has pedient is not necessarily just, and plead that the been from the direction of Georgetown and the Spanish could, without occupancy themselves, treat Essequibo river. The historians, geographers, map- the occupancy by the Dutch as usurpation for an makers and publicists, from Raleigh to Humboldt, indefinite period. Vattel, on the contrary, erif they have carried the Dutch boundary westward | pressly bases the doctrine that territorial titles beto the Orinoco and Moroco, or the Barima, have tween nations can arise by prescription-i, e., by talked about the Dutch possession or occupation; lapse of time with possession adverse to the rightif they have carried the Spanish line eastward to the on the inexpediency of allowing old possessions to Essequibo, have in no case declared it to be a be ripped up, and settled populations to be comSpanish occupation, but only a domain or sover pelled either to give up their settled homes or to eignty or supposed abstract right. And when (Ex. come under a new allegiance. He says (p. 289): 1 Doc. 226, p. 34) Lord Salisbury in 1880 writes to ". Nature has not herself established property, Senor Rojas that to recognize Venezuelan “proprie- and in particular with regard to lands. She only torship to the Essequibo would involve the aban- approves this introduction for the advantage of the donment of a province inhabited in 1880 by 40,000 human race. It would be absurd, then, to say that British subjects, and which has been in the uninter domain and property being once established, the rupted possession of Holland and Great Britan siic law of nature can secure to a proprietor any right cessively for two centuries” we find Venezuela capable of introducing disorder into human society. replying in 1882, through Senor Seigas (p. 32), that Such would be the right of entirely neglecting the "to deliver up territories in which populations thing that belongs to him, of leaving it during have been founded cannot help producing griev- long space of time, under all the appearances of ances; in that, all the world is in accord. But the being property abandoned, or that does not belong convenient is not the right, neither can it be con to him, and of coming at length to deprive an bonfounded with it. He who has occupied a thing est possessor of it, who has perbaps acquired a title not his own, remains with the obligation to restitute to it by burdensome conditions. it whenever it is demanded of him, and to indemnify Were it permitted to have constantly recourse to all the damages consequent upon the illicit act.” ancient times, there are very few sovereigns who
Inasmuch as the Venezuelan lawyers do not in- would enjoy their rights in security, and there stance the building of a single town, or fort, or would be no peace to be hoped for on earth." trade agency, or the occupancy by any Spanish set What Vattel here condemns, namely, having retlers of the territory in dispute at any point, but course to ancient times to upset the effect of cenconfine themselves to recounting the encroachments turies of possession adverse to their claim of soveand intrusions of the Dutch, the inference from the reignty, is exactly the case of the Venezuelans. record is that no Spanish settlements occurred, and During all the reigns from Philip II. to Philip V. of hence that the question is one between occupancy Spain, the Netherlands, which owned Dutch by one nation and naked claim of right to occupy Guiana, were themselves under Spanish domination, without actual occupancy by another. The Vene as was also the present Venezuelan dependency. zuelan lawyers show that they cannot fortify their If Spain, when in full control of both parties to the case by actual acts of occupancy, for they make a contention, did not think it worth while to require strained citation of Vattel, to the point that a the Dutch to retire behind the Essequibo, it would country need not occupy the whole of its own terri- be a marvellous stretch of authority for the United tory, but can snit itself as to how much of it it will States to disturb three centuries of possession,
But this text (Vattel, Book II, ch. vii.) clearly by the Dutch and their successors, at this late day. refers to the case of a country baving a master or - The Nation.
given upon your trial, it must be clear to any The Albany Law Journal. impartial mind that the jury were absolutely
warranted and justified in finding against you ALBANY, DECEMBER 14, 1895.
the verdict they found. Even upon the testi
mony of the girl herself, if there could have Current Lopics.
arisen a reasonable doubt, you dispelled that
doubt yourself—you and some of your wit(All communications intended for the Editor should be addressed simply to the Editor of THE ALBANY Law JOURNAL. nesses, you particularly. All letters relating to advertisements, subscriptions, or other business matters, should be addressed to THE ALBANY LAW
" Your own testimony dispelled any doubt JOURNAL COMPANY.]
that could possibly arise upon this record as to NE of the most sensational trials which has your guilt. Your refusal to answer questions taken place in many years has been that of
on the ground that they would tend to incrimiLangerman, who was accused by Barbara Aub
nate or degrade or disgrace you; your palpaof criminal intimacy, and who was found guilty ble exaggeration; your statement of occurby a jury last week. The trial, in all its unfor- rences, which to the mind of any man manitunate details, has been fully published. There festly were false.
Your statement of occurrences there were are many lessons which, as ministers would say, might be learned from this trial and its results, such as could scarcely in human reason be beIt shows, in the first place, that men are more
lieved of the most abandoned woman. Had you inclined to believe the testimony of a woman
confined yourself to the truth, even though you who claims she has been wronged than to place may have contended, and you may from your credence in the evidence of one of their standpoint have believed yourself justly con
We doubt not but that many inno- tending that you obtained the girl's consentcent men have suffered for acts for which they
confined yourself to that, the jury more responsible than the guilty might have acted and thought differently. But woman. The fearfulness of such a situation is you did not confine yourself to that. You went apparent, and appeals most strongly to men beyond that, and you testified to a series of who, though they respect the members of the occurrences which upon their face carried with gentler sex, must admit that women succumb
them their own refutation, because of their exto their passions as well as men. The case is aggeration and absolute improbability. also an illustration of the kind of evidence “And then, again, what contributed most to which is given in many cases before a jury, your conviction was your evil repute. Had you where, as in this case, after a confession is been a man of good character-could you
have made, it is shown by the party confessing that shown good character—and whose reputation the testimony of those who were opposed to her was fair and good and upright and honest, you is at least partly untrue. Naturally, all this is might never have had the verdict of guilty renreflective on human nature. It only again dered against you which you have. It is only shows its frailty and increases our mistrust. an illustration of how valuable a good characPerhaps the most important part of the case is ter is in time of need and in the hour of peril. the action of Recorder Goff after he received And I am satisfied that your evil repute, probathe confession of the complainant, Barbara Aub. bly more than anything, placed you in the po. For several days he took no action, and after sition you are. what the daily papers call “a denouncement of “Since the rendering of the verdict I have, the prisoner," the recorder sets him free on his as the law gives me authority to do, inquired as own recognizance, grants a new trial and holds to circumstances that would tend to mitigate him as a witness against his complainant in the your punishment as well as to circumstances former trial. Criticism has come from various that would tend to aggravate your offense. quarters in regard to the action of the recorder. Those are the words of the statute. His address to the prisoner, in discharging him, “I have received a great many communica
tions both for and against you. The peculiar “Upon a careful review of the testimony | character of these communications is that those
Vol. 59 – No. 24.
speaking in your favor have without an excep- I would allow a verdict of a jury to be thus tion been anonymous, and some of them have challenged. been disreputable. Those against you have “But considering the peculiar character of been signed by reputable men and women who the crime charged against you and all the surhave offered to come forward and make affidavit rounding circumstances, I am satisfied that —and some of them have done so—of former even without the light of judicial precedent transaction of yours when nothing but the upon this matter, for I doubt if there has oc modesty of the woman prevented your being curred a case in the history of criminal jurisarraigned at the criminal bar then. And your prudence in this or any other country to equal life, it will appear, has been one not of loose this, and without the light of precedent or judi. morals, because this court is not going to be a cial opinion to guide me, I have had simply to censor of morals, but of unbridled lust, com- rely upon what I consider to be the principles mitted by violence, and you have even kept a of right and justice and to exercise that indiary as to the acts of your successful trans herent power that a court has over its own recactions. The wonder is you have escaped from ords, over its own transactions. being arraigned at the criminal bar so long.
“I have taken from this girl, after having “You may bear now upon your person marks had many conversations with her, after exhausof violence inflicted upon you by women in de- tive questioning and examination, a full confense of their honor.
fession. In justice to the unfortunate creature, “And you have been found with your face she yet persists in denying the frightful and recovered with blood in a certain well-known
pulsive accusations which you have made house in this city, and your record is a very un
against her on the witness stand, and which I savory one. "But notwithstanding that, Langerman, no
before referred to as carrying with them their
own refutation. matter what you have been and no matter what
“I have urged her and I think she has recogyou may be, you are entitled to strict justice and impartial justice, and that justice demands nized the fact, and she says so in her confes
sion here, that she has done a grievous wrong, that you be not punished under this verdict.
“I have since the verdict was pronounced and that she is willing to undo that wrong now. instituted on my own responsibility-actuated She has suffered, the unfortunate girl, very by some motive, or at least by some spirit that much, and what with her sufferings of conI cannot now account for an investigation science and her homeless, houseless and friendinto this matter, and the result of my investiga- less condition, her lot is indeed a sad one. tion is that I am fairly and reasonably con
“I have no word to say as to your act in vinced—that is, as far as human testimony is taking advantage of her visit to your chambers concerned, and keeping in mind its fallibility that morning so long as she says that she conI am convinced you are innocent of this crime.”
sented. A court of law has no right to pass an “This girl has confessed to me that she con
opinion or to express an opinion one way or sented to the act."
the other as to the generosity of your conduct, “For long and many hours of anxiety and but she does state in her confession that she was perplexity, I must say covering some days and angered by your cruel and cold-hearted treatnights, since your conviction, I have struggled ment of her when she went back to you the secwith this case, and I trust that during the rest ond time and told you that she feared she would of my judicial life nothing of the kind will ever become a mother, and you, knowing that she present itself to me again.
had no home, no friends, that she was, practi“Strictly speaking, there might be a grave cally speaking, destitute, and that as soon as her question whether or not I should arrest judg- unhappy condition would become apparent she ment, whether I should permit a solemn ver would be cast out on the street as a foul and dict of a jury to be challenged, and were the unclean thing. crime of a different nature, the alleged crime of “And when she told you of her condition, a different nature, than the one it is, I would she says you sneered at her and you treated it have grave doubts and hesitancy as to whether | lightly; you told her that she need not be
troubled, that she had now a way of making a "I may be permitted to say here that it is living much better than by book canvassing. the experience of all lawyers that it is a very
She absolutely denies your assertion that unwise thing for counsel to relentlessly and she again submitted to you on the second visit. mercilessly cross-examine a young woman un
“I will not read this confession. It is very less he have the proofs of her guilt so concluthorough. She goes into everything that oc- sive that she cannot get away from them. And curred, but, to sum it up, she says that the go- your counsel for five hours plied this girl with ing from house to house and from place to place questions, making her his own witness, and her and from person to person looking for a sym answers became conclusive upon him and durpathetic friend, and not finding any, discouring those five honrs she withstood that attack aged her, and that finally, when she visited this successfully. lady, to whom she first made the complaint,
“ Under the condition of affairs, while a forshe, having been rebuked, and having failed to mal motion has not been made, but exercising see other persons she sought, had the thought the inherent power of this court on account of in her mind of going to the doctor, this doctor its most extraordinary situation, justice dictates who met with an untimely death, Dr. Burnett.
to me to do one thing, and only one thing, and And the doctor examined her and he told her that is to set aside this verdict and to grant you he could not tell her condition. The thought
a new trial, in her mind was maddening. She saw nothing
“I shall not commit you to prison, holding before her but a life of shame and degradation, and in order to protect herself from that life of you for a new trial, because it is manifest that shame and degradation she told Miss Smedley session, or at least in the possession of the court
on a new trial, with this testimony in my posthat you had outraged her. “And Miss Smedley, acting on the feelings and of the law officer of the court, you could
not be convicted.” of an indignant virtuous woman, and a good woman, immediately caused complaints to be
We print this statement of the recorder's as made by bringing her to the police court, and we believe that not only is he thoroughly justionce there the girl had not the strength of char-fied in every word he spoke, but was entirely acter to recede one step from the position which correct in every respect in the action which he she had taken.
took. And even after that, and in the
It was most proper that the recorder police court, the girl states in her confession, should take cognizance of the statements made she wished to withdraw without giving any by parties as to the former actions of the dereason, she wished to discontinue the prosecu
fendant. It was right that he should consider tion without stating her reason, but her friend all the statements which were made as to the would not permit her to do so, inasmuch as her former acts of the same kind of the defendant. honor was involved.
A judge's duty is to aid in the protection of so“And the girl goes on to say then that if she ciety, and the first crime of any man is recoghad withdrawn she would have been cast out
nized by the law as one which should not be by these friends and looked upon as a liar or punished as severely as a second offense. Soan abandoned woman, either one or the other.
ciety must be protected from the continuance “ And she says in her own pathetic language: of crime and from habitual criminals, and, in “What was easy at first became easy as the case
view of all these circumstances, the recorder went on, and the story I told at the commence
showed the greatest judgment and good faith in ment became to me as if it were true.'
properly deciding as to the effect of Langer“So the poor, unfortunate one lied, and she man's past career. Although the recorder was sat here on this witness stand for five hours convinced that the defendant had not commitundergoing a most excruciating examination at ted the crime with which he was charged, yet the hands of your counsel, and I venture to say the so-called denunciation of Langerman was it is not usual at least to find a female witness prompted by a proper sense of the propriety of withstanding all attempts made to cast a blemish the recorder's position and of the functions upon her reputation and find a flaw in her life which he was obliged to exercise. It is well to so successfully as that poor girl did.
appreciate that sound judgment, even after a