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witnesses for the prosecution, whose evi- | promptitude than Europeans could do, dence is taken down, (through an interpre- that, since the introduction of trial by jury, ter if necessary,) in the bearing of the jury, no trial lasts above a day, and no session by the judge; the jury having a right to above a week or ten days at farthest ; examine, and the prisoner to cross-ex whereas, before the introduction of trial by amine, any of the above witnesses. When jury, a single trial used sometimes to last the case for the prosecution is closed, six weeks or two months, and a single the prisoner states what he has to urge session not unfrequently for three months. in his defence, and calls his witnesses, All the natives who attend the courts as the jury having a right to examine, and jurymen obtain so much information during the prosecutor to cross-examine them; their attendance, relative to the modes of their evidence being taken down by the proceeding and the rules of evidence, that, judge : the prosecutor is seldom or never, since the establishment of jury trial, goexcept in very particular cases, allowed to vernment have been enabled to find reply, or call any witnesses in reply. The amongst the half-castes and native jury. case for the prosecution and for the prisoner men, some of the most efficient and rebeing closed, the judge (through an inter- spectable native magistrates in the country, preter when necessary) recapitulates the who, under the control of the Supreme evidence to the jury from his notes, adding Court, at little or no expense to governsuch observations from himself as may ment, administer justice in inferior offences, occur to him on the occasion. The jury, to the native inhabitants. after deliberating upon the case, either in “ The introduction of the trial by native the jury box, or, if they wish to retire, in a juries, at the same time that it has increased room close to the court, deliver their ver- the efficiency and despatch of the courts, dict through their foreman in open court, and has relieved both prisoners, and witthat verdict being the opinion of the majo. | nesses from the hardships which they inrity of them; the most scrupulous care curred from the protracted delay of the being taken that the jury never separate, criminal sessions, has, independently of the nor communicate with any person what- savings it enabled the Ceylon government ever, from the moment they are sworn, till to make immediately on its introduction, their verdict, having been delivered as since afforded that government an opporaforesaid, has been publicly recorded by tunity of carrying into effect, in the judicial the register. The number of native jury- department of the island, a plan for a permen of every caste on Ceylon is so great, manent saving of ten thousand pounds and a knowledge before-hand what persons a year. No man whose character for hoare to compose a jury in any particular nesty or veracity is impeached, can be case is so uncertain, that it is almost impos enrolled on the list of jurymen; the circum. sible for any person, whatever may be his stance of a man's name being upon the influence in the country, either to bias or to jury roll is a proof of his being a man of corrupt a jury.
unexceptionable character, and is that to " The number of jurymen that are re. which he appeals in case his character be turned by the fiscal or sheriff to serve at | attacked in a court of justice, or in case he each session, the impartial manner in which solicits his government for promotion in the names of the jurymen are drawn, the their service. As the rolls of jurymen are right which the prisoner and prosecutor revised by the Supreme Court at every may exercise of objecting to each juryman session, they operate as a most powerful as his name is drawn, the strictness which engine in making the people of the country is observed by the court in preventing all more attentive than they used to be in their communication between the jurymen when adherence to truth : the right of sitting they are once sworn, and every other per- upon juries has given the natives of Ceylon son, till they have delivered their verdict, a value for character, which they never felt give great weight to their decision. The before, and has raised in a very remarknative jurymen heing now judges of fact, able manner the standard of their moral and the European judges only judges of feelings. law, one European judge only is now I “ All the natives of Ceylon who are necessary, where formerly, when they were enrolled as jurymen, conceive themselves to judges both of law and fact, two, or some- / be as much a part, as the European judges times three, were necessary. The native themselves are, of the government of their jurymen, from knowing the different degrees country, and therefore feel, since they have of weight which may be safely given to the possessed the right of sitting upon juries, an testimony of their countrymen, decide upon interest which they never felt before in upquestions of fact with so much more holding the British government of Ceylon. The beneficial consequence of this feeling such opinions as may promote the welfare is strongly exemplified in the difference of any particular class of society. As the between the conduct which the native in- right of every proprietor of slaves to conhabitants of the British settlements on Cey. | tinue to bold slaves on Ceylon was gualon observed in the Kandian war of 1803, ranteed to him by the capitulation under and that which they observed in the Kan-1 which the Dutch possessions had been dian war of 1816. In the war between the surrendered to the British arms in 1795, British and Kandian government in 1803, the British government of Ceylon conwhich was before the introduction of trialceived, that, however desirable the measure by jury, the native inhabitants of the Bri- | might be, they had not a right to abolish tish settlements were, for the most part, in slavery on Ceylon by any legislative act. a state of rebellion; in the war between A proposition was, however, made on the the same governments in 1816, which was part of government by me, to the propriefive years after the introduction of trial by tors of slaves in 1806, before trial by jury jury, the inhabitants of the British settle was introduced, urging them to adopt some ments, so far from shewing the smallest plan of their own accord for the gradual symptom of dissatisfaction, took, during the abolition of slavery; this proposition they very heat of the war, the opportunity of at that time unanimously rejected. The my return to England, to express their right of sitting upon juries was granted gratitude through me to the British govern. to the inhabitants of Ceylon in 1811. ment for the valuable right of sitting upon From that period I availed myself of the juries, which had been conferred upon them opportunities which were afforded to me, by his present majesty, as appears by the when I delivered my charge at the comaddresses contained from page 16 to page mencement of each session to the jurymen, 50, in the printed papers herewith sent. most of whom were considerable proprieThe charge delivered by my successor, the tors of slaves, of informing them what was present chief justice of the island, in 1820, doing in England upon the subject of the contains the strongest additional testimony abolition of slavery, and of pointing out which could be afforded, of the beneficial to them the difficulties which they themeffects which were experienced by the Bri- selves must frequently experience, in exetish government from the introduction of trial cuting with impartiality their duties as juryby jury amongst the natives of the island. | men, in all cases in which slaves were
“ As every native juryman, whatever his concerned ; a change of opinion upon the caste or religion may be, or in whatever subject of slavery was gradually perceptible part of the country he may reside, appears amongst them, and in the year 1816, the before the Supreme Court once at least proprietors of slaves of all castes and relievery two years, and as the judge who pre gious persuasions in Ceylon, sent me their sides delivers a charge at the opening of unanimous resolutions, to be publicly reeach session to all the jurymen who are in corded in court, declaring free all children attendance on the court; a useful oppor born of their slaves after the 12th of Autunity is afforded to the natives of the gust, 1816, which in the course of a very country, by the introduction of trial by few years must put an end to the state of jury, not only of participating themselves slavery which had subsisted on Ceylon in the administration of justice, but also of more than three centuries." (See Imperial hearing any observations which the judges, Mag. col. 255, for this year.) in delivering their charge, may think pro Of the measures adopted by Sir A. Johnper to make to them with respect to any ston for the selection of jurymen, so as to subject which is connected either with the ensure confidence and prevent abuse, the administration of justice, or with the state of reader will find a succinct account in our society or morals in any part of the country. Number for January, col. 99. This has
* The difference between the conduct been followed by the most beneficial effects, which was observed by all the proprietors of an instance of which is here subjoined. slaves on Ceylon in 1806, which was before L A Brahmin of one of the northern prothe introduction of trial by jury, and that vinces of Ceylon was tried some years ago which was observed by them in 1816, which by a jury of Brahmins, of the same prowas five years after the introduction of trial by vince, on a charge of having murdered one jury, is a strong proof of the change which may of his own relations, with a view, after his be brought about in public opinion, by the death, of getting possession of his property. judges availing themselves of the opportu All the witnesses who were examined at nity which their charging the jury on the the trial, gave such decisive evidence of the first day of session affords them, of circu prisoner's guilt, that the jury were about to lating amongst the natives of the country find the prisoner guilty, when a young 114.-VOL. X.
coroanscorsoonsvoseroncorrecera Brahmin, who was one of the jurymen, treatise on logic, adapted to the understandstated to the court, that he entertained con- ing, and to the state of education of the siderable doubts of the prisoner's guilt, and people of Ceylon, would suit the taste, therefore requested that all the witnesses and greatly improve the intellectual capamight be called back again into court, and city of the natives of the country. He, that he might be permitted to examine therefore, with a view of ascertaining which them. Although almost every one of the method of treating the subject, whether jurymen, with the exception of the young that observed by Condillac, or that by Brahmin himself, were fully convinced, Dugald Stewart, would be the most intellifrom the nature of the evidence which had gible to them, frequently submitted to some been given, of the guilt of the prisoner, the of the ablest men amongst the Hindoos court acquiesced in the application. And and the Buddhists, translations of extracts on the witnesses being brought back again from the little work, “Sur la Logique," by into court, the young Brahmin cross-exa- Condillac; and from the greater work on mined them with such talent and skill, that the “ Philosophy of the Human Mind," by. he in a very short time satisfied his brother Stewart. Finding that the method of treatjurymen, and the people who were present, ing the subject observed by Stewart, was that all the witnesses who had given such that which was suited to their comprehendecided evidence against the prisoner, were sion, it was Sir Alexander Johnston's intenengaged in a conspiracy against his life; tion, had he remained on Ceylon, to have and all the evidence which they had pre- persuaded the Brahmins and the priests of viously given, with such apparent consisten- Buddhoo, to translate into their respective cy, was entirely unfounded. The prisoner languages, such parts out of Stewart's was accordingly acquitted by the jury, “ Philosophy of the Human Mind," as they without a dissentient voice, and the young might think the best adapted to the capaciBrahmin was publicly applauded for the ties of the people; and to have circulated great acuteness and perseverance with which copies, made upon palm leaves, of those he had elicited the truth, and confounded | passages, amongst such of the natives of the artifices of those who had conspired the island as might discover any taste for against the life of the prisoner.
studies of this nature. Sir Alexander Johnston, who was chief justice, and first member of his majesty's council in Ceylon, and who presided in the
THE ROSE TREE. court on the occasion, was so much struck with the talents which the young Brahmin
_" Like the lily
| That once was mistress of the field, and flourishi, had displayed throughout the trial, that he | I'll hang my head, and perishi. sent for him after the trial was over, and asked from him the nature of the education “ There is a weakness," said Albert, " to which he had received, and the course of which every one is in some degree subject, studies he had pursued. The young Brah- and that is, the having a desire to look into min, in reply, informed Sir Alexander, that futurity, and an idea of the possibility of he attributed any skill which he might have doing so. This puerility of mind shews shewn in examining the witnesses at the differently in different persons, and I would trial, not so much to the nature of his now only remark on one effect of it,—the education, which had been the same with inclination which some persons, even of that of most of the other Brahmins, as to clear intellects and good education, have, the study of a work which he had procured, to associate the future circumstances of their while he was travelling through the penin lives with those of some valued friend, or sula of India, and which he frequently favourite animal; nay, even with the caperused and studied, because it had strength- sualties which may be observed in inaniened his understanding more than any other mate objects. That such an association is work which he had ever read.
unnatural and deceptive, no argument is, I Upon examining this work, it was dis- think, required to prove. Yet in some covered to be a short summary of the instances the most wonderful coincidences “ Dialogues of Aristotle," which had been have taken place in this method of divinatranslated from Arabic into Sanscrit, and tion, which would nearly induce one to been copied upon a few palm leaves in the believe, that it is something more than "airy Davenageric character. It occurred to Sir nothing.' I need only mention the fact of Alexander Johnston from this, as well as Bruce and the spider, to illustrate my from many other instances of the same sort, position.” which were brought to his knowledge “ There are more things in heaven and while he was at Ceylon, that a short I earth, Horatio, than are dreamt of in your philosophy," said L'Etaine, raising himself spheres, the soft planet sheds her mild in the bed, and throwing back the rich lustre on the woods and fields. All is hangings; “ No one is more addicted to peace.” the folly of which you speak than myself, * All is peace, my friend," said Albert, and I think I have good reason to place “ and let the quietude of nature calm your credit in this sort of omens." Albert own excited feelings. If omens are to be smiled. “You are very sceptical,” resumed believed, surely the present halcyon scene L'Etaine, “but listen to me. You re- is not an unfavourable one.” He advanced member the little rose tree which stands in from the bedside to the veranda, and drew the middle of the veranda : it was given to aside the massy curtains. The room overme some years ago by a valued friend. looked a landscape beautiful at all times, When I first had it, it looked very promis- but there was now an indescribable loveliing, but since then it has sometimes flou ness shed over it, making it little less than rished, and sometimes pined, till now, that an Eden. there is no appearance of life about it, “I am calm, dear Albert,” answered save one little bud, and that droops daily. L'Etaine ; “every stormy passion is hushed I expect every morning that comes to find within me, and feelings which I have never it fallen from the stem.” Albert interrupted known before, awake in my bosom. This him. “My dear friend,” said he,“ inquietness in the visible world reveals to me your present weak state of body and de one secret of the world unknown. I feel pression of mind, you will, I am persuaded, that my business here is nearly done, that I find no difficulty in assimilating the appear am as a traveller having his loins girded, ances which your rose tree has at different and his staff in his hand, ready for his detimes presented, to the circumstances of parture to some distant country.” your own life ; but you must endeavour “ God's will be done, L'Etaine. If your not to think about it, or your own anxious last hour is really approaching, it is your fears will consummate the very evil you happiness and my consolation to know, dread.” “I thank you, Albert, for your that you are enabled to meet the tinal intention,”: said L'Etaine, “but it must ordeal with a hope which can disarm death fail of its effect. I have myself endea of all its terrors. For myself, I have never voured to reason on the matter, and at the | looked upon death as an evil. The sooner moment in which I have disproved the one is removed from uncertainty to a state consistency of the thing, the facts have of certainty, the sooner is the lofty ambition stared me in the face, and overthrown my of the Christian realized." boasted conclusions. No, Albert, for some “ It is, it is,” said L'Etaine. “Distime past I have felt assured, that this tree gusted with this world, its uncertain gifts, is directed by a superior power to give me its alluring yet unsatisfying pleasures, the a presentiment of what must occur to me. soul casts a piercing eye through the I have been assured of this long ago, in mists of time and sense, and discovers the moments of comparative levity; and I am entrance to the haven of eternal rest, and much less inclined to doubt it now. Every the land where all things are forgotten.'” change in the appearance of this tree has There was a short pause. met with a correspondent change in my “I need not tell you, Albert,” continued own health and circumstances. It is now L'Etaine, “ that my feelings have always fallen into complete decay; the remaining been intense, my romantic inclinations unbud will never unfold itself. I have ob fitted me for social intercourse with my served for the last few days that it is droop fellows, and to this moment I know little of ing more and more, and I am convinced the world by experience, having seldom that the shrivelled thread which supports it, roused myself from the ideal character of will shortly break, to warn me of my final a demi-god conferring splendid benefits on hour.
mankind. Many, if not all, the miseries , “ My dear L'Etaine, your sensibility is of my past life have arisen from this refining upon distress, that can no where be effeminate frailty. I have roved in fairy met with, except in the most extravagant scenes, when I should have been forming romance.” “Peace! Albert,” resumed some decided plans for advancement in life; L'Etaine, “ you cannot alter my belief. when I ought to have acted, I have been Observe the wonderful calmness of this lost in reflections; and I have frequently night. After a day of cloud and storm been content to admire, when I should have and wind, the elements are sunk into pro endeavoured to imitate. I mention this found peace, and there is silence. The imbecility of mind, because it gave rise in moon walks in brightness, the stars of the my younger days to a sublimity of feeling beautiful heaven are shining in their distant and desire, which I have since frequently
experienced, and which now, a small / was wrapt in the intensity of pure and voice' assures me, is about to be accom- blissful feeling. plished.”
“ I have often," he continued, “ beheld “ My dear friend,” said Albert, “ you this seene, and looked upon it with pleamust now allow me to leave you to repose ; sure, but it never seemed so beautiful as our further conversation will too much now, and I have never before viewed it exhaust you."
with such exalted delight. Albert, my “ Nay, do not go, Albert ; let the dying | last moment approaches: I feel the warmth taper burn; for if now extinguished, it can which had kindled at my heart, decaying." never be re-lit." Albert sat down again, His looks too surely indicated the awful much affected. He had too great reason change about to take place. “ Dear Alto fear the effect of the present peculiar | bert, throw open the veranda, I am assured excitation of feeling under which his friend my soul must pass yon blue hills : let it laboured.
have way.” Albert beckoned for the at“ Look Albert,” said L'Etaine,“ how tendants to enter, and then walked with a sweetly the moon shines upon the hill, the hurried step to the veranda. He looked shady elm, and my garden chair. They
upon the dying man, and at that instant seem the principal objects in the silent caught the romantic infection, for which scene before us."
a few minutes past he felt inclined to cor“ These things are endeared to you, rect his friend. He trembled like an aspen, L'Etaine, for several reasons. I do not and stood with his hands on the glass doors wonder that your eye should rest on them.” of the veranda, hesitating whether or not
“ But there is one circumstance, Albert, to open them. L'Etaine motioned to him which gives them a peculiar interest now. to do so. Albert prepared to obey the When I was a boy, it was my delight to sit signal, fixing his eyes at the same time on by moonlight under the shade of that tree, his friend, as if he had been assured that and look abroad upon the beautiful and I those closed doors alone withheld the desilent landscape which lay around me. I parting spirit, and that immediately on would first look on the garden laid out their being opened it would be gone. The with all the elegance of art, and my warm doors were opened, and a sudden draught imagination portrayed hosts of spiritual of air was perceptible at the moment. beings floating over it. I would then ex “I told you 'twould be so !” exclaimed tend my observation to the alternate hills L'Etaine: he raised himself for a moment and vales, the winding rivulets, the woods, with unwonted strength, and then fell back the farm-houses hardly distinguishable in senseless on the pillow. Albert flew from the distance, and to the village spires rising the veranda towards the bed, but sudhere and there. Over the far extended denly stopped. His countenance was pale, scene were angelic essences walking in like that of the dead man, and his tongue bright paths, and hymning their great clave to the roof of his mouth. He pointed Creator. Upon the summit of those dis to the rose-bud lying in the middle of the tant hills, I could behold angels waiting to room; the sudden entrance of the air on receive the disembodied spirit, and conduct opening the veranda, had swept it from the it to the throne of God. At these times I withered stem. have said to myself, Oh, that I may at an
THOMAS Rose. hour like this, when“ angels dwell and God himself with man,' lay down the gross
Priestgate, Peterborough, April 9, 1828. ness of mortality, and join this bright throng of spirits. “ There was much sublimity of feeling in
ENGRAVING OF PETERBOROUGH all this, but
CATHEDRAL. my youthful prayers were heard,” continued L'Etaine; "the MR. EDITOR, present hour is that which I have often so SIR-I request you to inform your readers, ardently desired. My spirit is pluming for that the view of Peterborough, which api its flight, and, Albert, ere the morning peared in your last number, col. 430, has breaks, I may be your ministering angel." no connexion with Mr. Garbett's superb The countenance of the sick man, no longer plate of the cathedral; this is a most elabopale and ghastly, was relumed with the fire rate production of its kind, but the pencil of former days, and a visible pleasure sketch from which your engraving was shone in his mild and open features. Tis made, is reduced from a lithographic drawtrue, he was speaking to Albert, and was at ing by the Rev. Shillibeer. present an afflicted child of the dust, but
THOMAS ROSE. his eye looked heavenward, and his soul | Priestgate, Peterborough, May 1, 1828.