Authors: John Hostettler, Richard Braby, Geoffrey Robertson
ISBN-13: 9781904380559, ISBN-10: 1904380557
Format: Paperback
Publisher: Waterside Press
Date Published: January 2010
Edition: (Non-applicable)
Including the lost story of barrister William Garrow's key role in changing the face of the English criminal trial.
Sir William Garrow was born in Middlesex in 1760 and called to the Bar in 1783. He was the dominant figure at the Old Bailey from 1783 to 1793, later becoming an MP, Solicitor-General, Attorney-General and finally a judge and lawmaker within the Common Law Tradition.
About the authors iv
Preface ix
Foreword Geoffrey Robertson QC xiii
1 Family Background 17
Scottish Origins 17
Historical Perspective 19
The Reverend David Garrow 20
Children 21
Boarding School 23
2 Education in Criminal Law 25
Pupil Barrister 25
Coachmaker's Hall 26
3 Garrow and English Criminal Procedure 29
The "No-Counsel" Rule 29
The First Breach in the Rule 31
Early Steps Towards Adversary Trial 31
Rules of Evidence 37
The Growth of Advocacy 40
Counsel's Pugnacity 41
4 Early Trials 47
Dedication to the Defence of Clients 47
Initial Success 48
Aggressive Style 51
Exposing Thief-takers 54
Jury Nullification and Pious Perjury 59
Disputes with the Bench 60
Newsworthy Trials 62
Baron Hompesch v. the Farmer and his Dog 63
Mrs. Day's Baby 66
5 Adversary Trial and Human Rights 69
Pressures for Defence Lawyers in Criminal Trials 69
Rights of the Individual 71
Adversary Trial in a Changing World 72
Human Rights 74
6 Government Prosecutor 79
Assessment of Garrow's Early Legal Career 79
Crown Prosecutions 79
Treason Trials 81
7 The Picton Trials 85
Colonial Law 85
Court Records 85
Proceedings against Thomas Picton 86
National Hero 90
Moral Issue of Slavery 91
8 Member of Parliament and Law Officer 93
A Proper Person? 93
Hearsay in the Commons 94
Protecting the Realm 95
Sir Samuel Romilly 96
Attacks by Romilly 100
Corn Laws 102
Animal Rights 103
Government Service 104
Solicitor-General 108
Attorney-General 108
Leaving the Commons 110
9 Garrow vs. Brougham 113
Enlightenment Lawyers 113
Brougham on Garrow 114
Trial between Lord Roseberry and Sir Henry Mildmay for Criminal Conversation 115
Brougham For Sir Henry Mildmay 120
The nature of legal combat 123
10 Judge 125
Baron of the Exchequer 125
Assize Trials 126
Garrow's Style 128
The Case of the Learned Apothecary 130
Trials Before Garrow 133
Precedents 136
Lincoln's Inn 137
Conclusion 138
11 Garrow's Homes 139
Childhood Home 139
Early Homes in London 139
In Pegwell 141
Great George Street in London 143
In Pegwell Again 144
12 Sarah 149
Irregular relationship 149
Financial Support 151
Sarah's Character 153
Mysteries 154
13 Garrow's Will and Trust 157
How Wealthy Was Sir William Garrow? 157
Trustees 158
No Death Duties 160
Women 160
Funeral 161
14 Garrow's Extended Family 163
An Introduction to Garrow's Family 163
Son David and Family 166
Daughter Eliza Sophia and Family 175
William Arthur Dorehill and Family 179
Sir William Garrow's Brothers and Sisters 186
15 Joseph Garrow's Literary Legacy 195
Marriage 196
Florence 197
The Trollopes 198
16 Published Stories 207
Public Characters 207
The Legal Observer 208
Monthly Magazine 208
The Law Review 209
Musical Memoirs 211
The Times 211
Robert Louis Stevenson 213
Garrow's Law 214
17 Conclusion 215
Timeline of William Garrow's Life 217
Appendix 1 Garrow Genealogical Studies: A Note 219
Richard Braby's Story 219
The Sir William Garrow Genealogy 1 223
The Sir William Garrow Genealogy 2 224
The Sir William Garrow Genealogy 3 225
Appendix 2 A Snapshot of Crime and Punishment in the 1800s 226
Appendix 3 Some Primary Sources 229
Public Characters 229
The Legal Observer 236
The Times 240
Law Review (1844-5) 248
Select bibliography 257
Primary sources 257
Journals and newspapers 258
Books and articles 259
Index 263