Page:Stevenson - Weir of Hermiston (1896).djvu/283

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EDITORIAL NOTE
 

have insisted on presiding at the trial of a near kinsman of his own. The Lord Justice-Clerk was head of the criminal justiciary of the country; he might have insisted on his right of being present on the bench when his son was tried: but he would never have been allowed to preside or to pass sentence. Now in a letter of Stevenson's to Mr. Baxter, of October 1892, I find him asking for materials in terms which seem to indicate that he knew this quite well:—'I wish Pitcairn's "Criminal Trials," quam primum. Also an absolutely correct text of the Scots judiciary oath. Also, in case Pitcairn does not come down late enough, I wish as full a report as possible of a Scots murder trial between 1790-1820. Understand the fullest possible. Is there any book which would guide me to the following facts? The Justice-Clerk tries some people capitally on circuit. Certain evidence cropping up, the charge is transferred to the Justice-Clerk's own son. Of course in the next trial the Justice-Clerk is excluded, and the case is called before the Lord Justice-General. Where would this trial have to be? I fear in Edinburgh, which would not suit my view. Could it be again at the circuit town?' The point was referred to a quondam fellow-member with Stevenson of the Edinburgh

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