Flaws in the 19th century justice system

Harry Choi
LAW STUDENT

In December 1883, Peter Lazier was shot in the heart during a bungled robbery at a Prince Edward County farmhouse. Naturally, Margaret Jones, the owner of the farm, and her neighbours reaction was to seek justice. They set out into the night following the trails the robbers left behind knowing little that these footprints would lead to the death of Joseph Thomset and George Lowder who were found guilty on the tenuous case against them. This verdict is the epitome of the flaws in the nineteenth century trial procedure.

The footprints that were left behind by the robbers were amongst those of the pursuers but that did not stop Hugh McKinnon from catching the robbers. This is a flagrant flaw, not only because the evidence was contaminated and that they were catching criminals based on shoe prints and sizes, but because Hugh McKinnon conducted an investigation rushed by his ambitions and the communitys blood thirst. This was a terrible crime. It shook the community to its core, says Justice Robert Sharpe. And there was even talk of lynching the men who had been arrested. Knowing that the citizens of Picton and neighbouring towns wanted retribution, the judgment was made relatively quickly in order to satisfy the angry mob. This shows that Joseph Thomset and George Lowder were not convicted solely on the purpose of

justice. The judge being influenced by the public and the higher branches within the government brings light to the fact that the justice system is not independent. It is even stated that the Prime Minister had a say in the courts decision to not spare the two men. Although is seems okay because he is the head of the government, in reality it is not because he should have no say on who is guilty and who is not. This creates opportunities for politics to play a part in court decisions and that puts the government above the law.

It was becoming apparent that at least one man could have possibly been innocent. Unfortunately in the nineteenth century, by the time the public had decided someone was guilty, the chances of acquittal were very slim. In this case, several prominent figures of Picton were denied of their request to Prime Minister John A. Macdonald of having the two men spared. Tradition was the judge here. It was no longer about if Thomson and Lowder actually committed the crime; it was about playing the role of the typical nineteenth century judge.