May 3, 1838 Acquittal

The trial of Robert Brown, in the Port Hope murder case, was called on Thursday last, as ordered, when G.M. Boswell, Esq. the prisoner’s counsel, on his being placed at the bar, again applied to the Court for his discharge, upon the ground that he could not a second time be legally placed in jeopardy of his life for the same offence. The learned gentleman cited numerous authorities in support of his position, dwelling specially upon the hardship of his client having been subjected to an additional six months imprisonment because the former jury could not agree upon a verdict, -- a contingency which was clearly no fault of his. The objection was met with equal ability by the Crown officer, Henry Sherwood, Esq. and a most interesting argument ensued, which resulted in the reservation of the point by the Court for the benefit of the prisoner, if sustained by the Judges in term. Meantime, the trial was ordered to proceed but as it was then late in the day, the Court adjourned till the following morning. On Friday, the prisoner was again placed at the bar, and the evidence once more adduced against him. The facts related by the witnesses for the prosecution varied in no material point from their statements on the former trial, but their testimony was met by more positive and conflicting evidence for the defence, and the prisoner was ultimately acquitted. The trial lasted from ten o’clock in the morning till seven at night.

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