Mr. Clerk—Gentlemen of the jury, I was just saying to you, when this outbreak on the bench occurred, that you were the judges of the law and of the facts in this case.
The Lord Justice-Clerk—We cannot tolerate this, sir. It is an indignity to this High Court—a very gross indignity, deserving of the severest reprobation.
Mr. Clerk—My Lords, I know that your Lordships have determined this question; but the jury have not. They are judges both of fact and of the law, and are not bound by your Lordships’ determination, unless it agrees with their own opinion. Unless I am allowed to speak to the jury in this manner, I am determined not to speak a word more. I am willing to sit down if your Lordships command me. [Here Mr. Clerk sat down.]
The Lord Justice-Clerk—Go on, sir; go on to the length of your tether.
[Mr. Clerk then rose and resumed his address.]
Mr. Clerk—Yes, gentlemen, I stand up here as an independent Scottish advocate, and I tell you, a jury of my countrymen, that you are the judges of the law as well as of the facts.
The Lord Justice-Clerk—Beware of what you are about, sir.
[Here Mr. Clerk again sat down.]
The Lord Justice-Clerk—Are you done, sir, with your speech?
Mr. Clerk—No, my Lord, I am not.