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4H
The Green Bag.

SKETCHES FROM THE PARLIAMENT HOUSE. IV. LORD YOUNG. By A. Wood Renton. WITHOUT possessing either the culture of the late Lord President Inglis or the superb dignity of Baron Moncrieff, Lord Young is perhaps the strongest, and cer tainly the most individualistic judge — every lawyer will understand the significance of the superlatives — that has sat upon the Scottish Bench within the memory of living men. Son of the Procurator Fiscal of Dumfries shire, George Young was born at Nithside in the county of Kirkcudbright, and was edu cated at Dumfries Academy, and afterwards at the University of Edinburgh. In 1840 he was admitted to the Faculty of Advocates. Nearly thirty years later (1869) he was called to the English Bar, at which, how ever, he has never practised. Lord Young's forensic career contains many interesting episodes, upon a few of which alone we have space to dwell. In September, 1862, Mrs. Jessie Maclachlan was tried at the Glasgow Circuit Court before Lord Deas and a jury for the murder of Jessie Macpherson, the housekeeper of a Mr. Fleming, an accountant residing in Sandyford Place, Glasgow. In spite of a most able and eloquent defence by her counsel, Mr. (now Lord) Rutherfurd Clark (of whom more anon), the prisoner was convicted, and the question, usually formal, whether she had anything to say in arrest of the deathsentence was duly put. To the surprise of everybody Mr. Clark arose and asked per mission from the judge to read a written statement which the prisoner had prepared. The required permission was given, and Mrs. Maclachlan's statement was read accordingly. The burden of it all was that old Mr. Flem ing, the accountant, had committed the mur der, and had bribed Mrs. Maclachlan by a

gift of silver plate to conceal her discovery of his crime. Lord Deas dismissed this be lated story in very curt terms, and sentenced the prisoner to be hanged. But the bar of public opinion (to which she had really ap pealed) was strongly agitated for and against her; and all the noisy and foolish people who, forgetful of the maxim " Messieurs les assassins qu'ils commencent," cry out against capital punishment, clamored for a reprieve. Sir George Grey was Home Secretary, and it was on his advice that her Majesty would exercise or refuse to exercise her prerogative of mercy. He consulted the judge. But the voice of Deas was still for hanging. He consulted the Lord Justice Clerk (Inglis), who agreed with Deas. Fourteen out of the fifteen jurymen met, considered Mrs. Maclachlan's confession, and unanimously resolved not to petition in her favor. Mean while the storm of public excitement went on raging, and grew fiercer. At last the Home Secretary was enabled to make up his mind. He took the extraordinary course of constituting a new tribunal to retry the case. Mr. Young, who had then acquired considerable judicial experience as Sheriff of Inverness, Haddington, and Berwick, and was also one of the foremost advocates at the Scotch Bar, was appointed Commissioner. Mr. Young went to Glasgow, held his inves tigation with closed doors in the Sheriff Court (Oct. 16-18, 1862), and in due time presented his report. Sir George Grey there upon commuted the death sentence to penal servitude for life. The Right Honorable gentleman's view was that Mrs. Maclachlan was possibly only an accessory after the fact, and that capital punishment ought not to be inflicted in the face of the strong and clearly