One of the chief was
certainly this sally of the justice's. It was run hard by another
of a juryman, who had struck into the midst of Coulston's speech
for the defence with a "Pray, sir, cut it short, we are quite
weary," which seemed the very excess of impudence and simplicity.
But some of my new lawyer friends were still more staggered with an
innovation that had disgraced and even vitiated the proceedings.
One witness was never called. His name, indeed, was printed, where
it may still be seen on the fourth page of the list: "James
Drummond, alias Macgregor, alias James More, late tenant in
Inveronachile"; and his precognition had been taken, as the manner
is, in writing. He had remembered or invented (God help him)
matter which was lead in James Stewart's shoes, and I saw was like
to prove wings to his own. This testimony it was highly desirable
to bring to the notice of the jury, without exposing the man
himself to the perils of cross-examination; and the way it was
brought about was a matter of surprise to all. For the paper was
handed round (like a curiosity) in court; passed through the jury-
box, where it did its work; and disappeared again (as though by
accident) before it reached the counsel for the prisoner.
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