Thomas Erskine and Trial by Jury

John Hostettler was a practicing solicitor in London for thirty-five years as well as undertaking political and civil liberties cases in Nigeria, Germany and Aden. His earlier books include several biographical and historical works, and his books for Waterside Press include Sir William Garrow; The Criminal Jury Old and New; Fighting for Justice -The History and Origins of Adversary Trial; A History of Criminal Justice in England and Wales (2009); and Hanging in the Balance - A History of the Abolition of Capital Punishment in Britain (with Dr Brian P. Block).

‘Those who are not familiar with the man would be well advised to read this biography without delay’-- Law Society Gazette; ‘This work is of more than historical interest. It shows how the advocate can affect the law, and by doing so, the constitution’-- Counsel; ‘With eloquent invective Erskine mesmerized juries’-- Justice of the Peace; ‘Deserves a wide readership’-- SCOLAG.

• About the author; Barry Rose; Thomas Erskine and William Garrow- Prologue; CHAPTER 1- ENLIGHTENMENT; Humanity; Ideals of Law; CHAPTER 2- EARLY YEARS; Born to Poverty; Sailor; Cordial Brush with Dr Johnson; Abuses in the Army; Call of the Bar; Degree at Cambridge; CHAPTER 3- FORENSIC TRIUMPHS; The Seamen’s Hospital Case; Odious Prosecution; “Trance of Amazement”; Westminster Hall; Admiral Keppel; Public Acclaim; Bar of the House of Commons; Duelling; CHAPTER 4- HIGH TREASON AND SEDITION; The Gordon Riots; London Burning; The Trial; Constructive Treason; vi; The Case of the Dean of St Asaph; Advocate and Citizen; Defiance by the Jury; Legal Argument; Success; CHAPTER 5- WHIG POLITICS AND ILL-HUMOUR; Member for Portsmouth; Erskine v. Pitt; Spots on the Sun; Discreditable Speech; Retirement of the Earl of Mansfield; CHAPTER 6- FREEDOM OF THE PRESS; House of Commons v. Stockdale; Impeachment of Warren Hastings; The Indian Chief; Gift of Persuasion; Private View; Democrat; CHAPTER 7- COFFEE-HOUSE SEDITION AND; RETURN TO PARLIAMENT; John Frost and “Wretched Vermin”; Tainted Witnesses; Parliament and Fox’s Libel Act; Horrors of War; CHAPTER 8- FEAR OF REVOLUTION; Tom Paine’s Rights of Man; Seditious Libel; Clamour Against Erskine; Free Discussion; Conspiracy Against Paine; Rex v. Morning Chronicle; vii; Rex v. Walker; Imaginary Armoury; Forensic Faculties; CHAPTER 9- THE STATE TRIALS OF 1794; Rehearsal in Scotland; A Panic of Fear; Trial of the Shoemaker; Spies and Informers; Acquittal; John Horne Tooke; Ridicule; Victory; CHAPTER 10- TYRANNY, WAR, RIOT AND BLASPHEMY; “I Will Never Dielave”; Society Against Republicans; Prosecuting the War; Clerical Riot; “Age of Reason”; Erskine’s Mantle; Christian Charity; CHAPTER 11- CONSPIRACY AND CRIMINAL LIBEL; Uproar in Court; The Case of the Courier; Cuthell the Bookseller; 70,000 Enemies; CHAPTER 12- THE DERANGED SOLDIER; Shooting at the King; Madness; Atrocious Wounds; Insanity as a defence; CHAPTER 13- CIVIL ACTIONS 161; Attacking the Judge; Criminal Conversation; Adultery Cases; Dunning v. Sir Thomas Turton; CHAPTER 14-ALL TO ARMS; War Weariness; War Fever; Volunteers; Death of Pitt; CHAPTER 15- THE WOOLSACK; “Ministry of All the Talents”; Baron Erskine; The House of Lords; Abolition of the Slave Trade; Death of Fox; Judicial Duties as Chancellor; Impeachment of Lord Melville; Delivering Up the Great Seal; A Cup Too Many; CHAPTER 16- EX-CHANCELLOR; Politician Again; Animals’ Rights; Parliamentary Privilege; Prince of Wales Deserts the Whigs; CHAPTER 17- SEMI-RETIREMENT; Leisure Pursuits; Peculiar Pets; Manufacture of Brooms; Humour in Court; Regrets; ix; Gretna Green; Author; The “Six Acts”; CHAPTER 18- THE TRIAL OF QUEEN CAROLINE; The Delicate Investigation; Prosecution of the Queen; Brougham’s Triumph; CHAPTER 19- RETURN TO SCOTLAND; The Butler’s Ghost; The Welcoming Banquet; The Thistle; Return to London; The Greek Revolt; Illness and Death; CHAPTER 20- APPRAISALS AND TRIBUTES; Invincible Orator; Vanity; Eloquent for Freedom; BIBLIOGRAPHY; INDEX.