A MOOT POINT.
An interesting question whicli has long been a moot point in Westminster Hall was lately argued in Gray's Inn Hall, before Mr ,' John Rose, barrister, President. The point was the following: — " A been committed, a reward was offered, .for the detection of" the murderer. "A, 5 to* gain the reward, accused B^ , an innocent ,man; and caused him to be apprehended and tried, for the murder. . At the trial, A;.givingthe for the • prosecution,",- falsely and corruptly swore that 3 committed the crime, whereupon the accused was legally convicted and hanged. On these fact J 1 could ran in. •dictment against A for < the murder of B be maintained in law ?", For the prosecution, Mr Luah and .Mr Simon maintained that a philosopher' or a statesman wculd consider A's crime murder. His evidence robbed his victim of life and reputation together. If the law was as it should be, it was murder to do so. It is murder in other countries and by the' Roman law. A -man "- may kill another by words producing acts of /: others. In answer to the Court, counsel* distinguised A's crime from the lying of lago^ Mr Mattmaoa and Mr V. Brown," fort ; ! the prisoner, contended that whatever A's' moral guilt was, he was not technically guilty, of wilful jinurder. There had been no snch charge for 120 years. It might have been < anciently murder, but it was not now' held to be so. Lord Coke was with them, and even Titus Oates was only indicted for perjury. The same view was taken in *"fieg.'* v. Daniel " and by Foster the' reporter. There was no malice here, either at law or in .fact, * and the defence was only a' misdemeanour. The President said that the law. implies malice from homicide. v B was certainly . killed by A. The case was analogous to thaf . of a man who constrained another to start a dangerous marine engine, knowing thai another is within it, and the last is killed in consequence. He entertained no doubt that in a real Court a Judge wouJ4 hold this to be "murder," - " -
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https://paperspast.natlib.govt.nz/newspapers/OW18770407.2.14
Bibliographic details
Otago Witness, Issue 1323, 7 April 1877, Page 8
Word Count
352A MOOT POINT. Otago Witness, Issue 1323, 7 April 1877, Page 8
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