What do you think?
Rate this book
556 pages, Hardcover
First published January 6, 2011
Thornton might have thought that was the end of the matter, but William Ashford, Mary’s brother, was pointed in the direction of an almost obsolete law, ‘appeal of murder’, which permitted a family member to appeal against a not-guilty verdict without double jeopardy being invoked. Thornton was arrested once more, but luckily for him, he had a very clever lawyer. When the appeal came to be heard, ‘when called upon to answer, whether guilty or not guilty’, Thornton read: ‘Not guilty: and I am ready to defend the same with my body.’ He took a pair of gauntlets, put one on, throwing the other on the floor in front of the bench for Ashford to take up, ‘in pursuance of an old form’. The prosecution was unprepared: ‘I must confess I am surprised…the trial by battle is an obsolete practice…it would appear to me extraordinary indeed, if the person who has murdered the sister would…be allowed to prove his innocence by murdering the brother also…’ stuttered his lawyer. The judge who was probably equally uncertain, replied feebly: ‘It is the law of England…we must not call it murder’. William Ashford did not care what it was called: he was only a boy, while Thornton was a vigorous, powerful man.
Several more hearing were needed to deal with this legal remnant of feudalism in a modernizing world. Eventually it was agreed that the boy, ‘from his youth and want of bodily strength’, was legally incompetent to accept the challenge, so as a formality Thornton was re-arraigned, his lawyer entered a plea that he had already been tried and acquitted, and he was released a final time.