MDCCCXXVII.
Mills, Jowett, and Mills, Bolt-court, Fleet-street.
AN APOLOGY, &c.
SIR,
Actuated by a respectful deference to the chief magistrate of the city of Exeter, I venture to address that individual, who so ably occupies the place and station, at the present moment. After the remarks which fell from Mr. Justice Park upon the subject of local jurisdiction at the late city assize,—remarks which no one in court, and least of all yourself, can possibly have forgotten,—there can be no occasion for my referring to the subject, for the sake of any explanation of my conduct, in procuring the removal of my past cause into an adjoining county.
You know, I presume to think, Sir, that it is difficult for men even of enlarged minds to divest themselves of opinions once formed,—perhaps publicly declared.—Rumour has a thousand tongues, and prejudice catches every whisper;—is it fair then, that I, or any one else should be tried by a jury who could by any possibility prejudge the question? Otherwise, the amount of evidence adduced, would be but too frequently a secondary consideration. Jurymen at least might come into court with prejudiced minds; and though magistrates of talent and character, might, undoubtedly, be very far from casting “the trash their own suspicion breeds, into the scale they hold,” yet it would be superfluous to inform you, Sir, that the mischievous operation of bias and prejudice, need not extend further than the jurybox, to annihilate every shadow of fair and impartial justice.
I do not conceive any farther explanation necessary, Sir, after the forcible remarks of the learned judge to the same effect; and if any apology seem to be called for, I beg that it may be considered as consisting in that explanation which was so appositely provided.
The objects of this letter, Sir, are various: for, after having implored your forbearance, as to the liberty I have taken, in placing your distinguished name in its title page, I would, with your permission, draw your attention to the circumstances of my late prosecution. I would, secondly, apologize for some particulars connected with the case. Thirdly, I would venture to attempt a demonstration of the necessity and advantages of anatomical pursuits. And, fourthly, endeavour to convince you, that something to facilitate the acquisition of subjects ought to be done, and that something is about to be effected.