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Chapter 54 Judge Bramber
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A secretary of State who has to look after the NA. police and the magistrates, to answer questions in the House of Commons, and occasionally to make a telling speech in defence of his colleagues, and, in addition to this, is expected to perform the duties of a practical court of appeal in criminal cases, must have something to do. To have to decide whether or no some poor wretch shall be hanged, when, in spite of the clearest evidence, humanitarian petitions by the dozen overwhelm him with claims for mercy, must be a terrible responsibility. ‘No, your Majesty, I think we won’t hang him. I think we’ll send him to penal servitude for life;— if your Majesty pleases.’ That is so easy, and would be so pleasant. Why should any one grumble at so right royal a decision? But there are the newspapers, always so prone to complain;— and the Secretary has to acknowledge that he must be strong enough to hang his culprits in spite of petitions, or else he must give up that office. But when the evidence is not clear, the case is twice more difficult. The jury have found their verdict, and the law intends that the verdict of a jury shall be conclusive. When a man has been declared to be guilty by twelve of his countrymen,— he is guilty, let the facts have been what they may, and let the twelve have been ever so much in error. Majesty, however, can pardon guilt, and hence arises some awkward remedy for the mistakes of jurymen. But an unassisted Majesty cannot itself investigate all things,— is not, in fact, in this country supposed to perform any duties of that sort,— a Secretary of State is invested with the privilege of what is called mercy. It is justice rather that is wanted. If Bagwax were in the right about that envelope,— and the reader will by this time think that he was right; and if Dick Shand had sworn truly, then certainly our friend John Caldigate was not in want of mercy. It was instant justice that he required,— with such compensation as might come to him from the indignant sympathy of all good men.
I remember to have seen a man at Bermuda whose fate was peculiar. He was sleek, fat, and apparently comfortable, mixing pills when I saw him, he himself a convict and administering to the wants of his brother convicts. He remonstrated with me on the hardness of his position. ‘Either I did do it, or I didn’t,’ he said. ‘It was because they thought I didn’t that they sent me here. And if I didn’t, what right had they to keep me here at all?’ I passed on in silence, not daring to argue the matter with the man in face of the warder. But the man was right. He had murdered his wife;— so at least the jury had said,— and had been sentenced to be hanged. He had taken the poor woman into a little island, and while she was bathing had drowned her. Her screams had been heard on the mainland, and the jury had found the evidence sufficient. Some newspaper had thought the reverse, and had mooted the question;— was not the distance too great for such screams to have been heard, or, at any rate, understood? So the man was again brought to trial in the Court of the Home Office, and was,— not pardoned, but sent to grow fat and make pills at Bermuda. He had, or he had not, murdered his wife. If he did the deed he should have been hanged;— and if not, he should not have been forced to make extorted pills.
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