Ordinary of Newgate Prison:
Ordinary's Accounts: Biographies of Executed Convicts

14th September 1767

About this dataset

Currently Held: Harvard University Library

LL ref: OA176709146709140008

9th August 1767


them confess their crimes, and examples are not wanting where the innocent have confessed crimes they were accused of in order to avoid the tortures they were threatned with. But, God be praised, such is not the practice here; no man is obliged to accuse himself; no confession is received that is effected by threats or promises, or that is not the free voluntary act of the party accused: And by the peculiar excellence of our laws, every person accused is presumed to be innocent, not only when he is brought to the bar but even during his trial he is treated with every degree of tenderness and humanity; the judge is his council, his jury his equals, and the presumption of his innocence attends him quite down to the time of his conviction.

In such a procedure no prisoner can have any thing to fear but from his guilt. All auterior attempts therefore to inflame the minds of the people, and to create public prejudice against any person accused, how enormous soever the crime, are highly illegal and inhuman, and manifestly tend to a perversion of justice. He therefore who wilfully does any act to create public prejudice, robs the party accused of the presumption of his innocence, and in conscience merits at least the punishment he would inflict. - What leads me to these observations are the many false and scandalous papers and reports which have been shamefully published and propagated in relation to these unhappy persons, against the laws of humanity, the laws of the land, and the laws of God.

But after such things had happened it was a most pleasing sight to the great assemblage of persons who attended their trials, to behold, not only the judge who tried them, but even the council for the prosecutors, in the midst of their zeal for justice, using with humanity every means in their power to guard the minds of the jury from the pernicious consequences of prejudice, and to direct their attention to the evidence produced, as the only legal foundation for their verdict.

Happily for the two persons acquitted the jury were composed of men of sense and virtue, capable and inclined to resist the torrent of public prejudice; their verdict is a lasting proof of their integrity and justice, and gave entire satisfaction to the court and all who were present.




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