Sir William Garrow (1760-1840) was an English lawyer born in Middlesex. He was admitted by Lincoln's Inn on 27 November 1778 and was called to the Bar on the same date five years later. He made his name at the Old Bailey, where he raised cross-examination to an art and won numerous cases for which he became justly celebrated. It is still exciting to read his dynamic cross-examinations in the Old Bailey Proceedings online. He was elected to the House of Commons and later became Solicitor-Geneal, Attorney-General and finally a judge. He became a barrister at a time when counsel rarely appeared for prisoners and, when they did, they were not allowed to address the jury. Nor were prisoners allowed to give evidence on oath. Bounty hunters were common and would often accuse innocent perople of crimes in orde to obtain blood money that was paid by the government for successful prosecutions. Garrow, by attacking such prosecution witnesses with his questions, generally persuaded juries to acquit his clients, helping establish adversary trial whereby the lawyers took over the conduct of criminal trials from the judges.
The adversarial system as it operates in England, the United States and other common law countries contrasts with the inquisitorial system elsewhere. It contributed the rules of evidence designed to help prisoners and the modern doctrine of human rights whereby citizens are able to take a stand against the power of the state and vested interests. Garrow played an historic role in bringing birth and meaning to adversay trial which pre-dated the American and French Revolutions which gave it constitutional recognition, although in France this was abrogated later by Napoleon. Torture and oppression have formed part of the history of inquisitorial trial which is always favoured by dictators.
Today the picture is changing. In the last decade a numbes of Latin American states have drawn up new criminal codes incorporating the adversary system of trial. Russia enacted an adversarial procedure code in 2001 and China is proceeding to a similar goal as are Georgia and the Ukraine. Similarly, there are moves to adversary trial in France, Spain, Italy and Germany. The impact of such developments is to create a global shift in criminal procedure and due process that makes universal human rights meaningful.
Garrow's role in giving birth to this gift of England's to the world was unknown until a few years ago. Recently a few writers have drawn upon his cases and I have endeavoured to present a larger picture of him and his stature in my book, Fighting for Justice: The History and Origins of Adversary Trial. (2006 Waterside Press). The world is still wilfully ignorant about Garrow and I am working on a (first) biography with an American citizen who is a direct descendant of the great man. Any information about him or his cases would be gratefully received.
John Hostettler
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John, an informal group of people interested in stories about William Garrow and his family has been sharing these stories for some years now. Perhaps they will be willing to blog with you, and share some of their most interesting tales, and explore some unanswered questions. The academics seem to be interested in only about 10 years of Garrow’s life…the first 10 years of his career. While these first years are important, his life story is also very interesting, at least to some of us. By all accounts his wife, Sarah, was a beauty, and a most interesting character. Her portrait by John Russell hangs in Waddesdon Manor, a National Trust property. It is her relationship with the 2nd Marquis of Downshire that makes her story especially interesting.
An unswered question concerns the involvement of the Garrows in the battle at Culloden, where the clans supporting Bonnie Prince Charles were crushed. This is of interest because Culloden is a stones’ throw from the village of Aberlour, in northern Scotland. William Garrow’s father, Rev. David Garrow, grew up on a farm near Aberlour. It was the Garrow ancestral home, and the woods were full of Garrows, brothers and sisters, cousins and many other Garrows. The battle was on April 16, 1746. Rev. David Garrow shows up in Monken Hadley, just north of London in March of 1747. Aberlour was a bad place to be at that time if your were a Scot. If you or anyone else has stories about Garrows and the Battle at Cullioden, I would be most interested in having you share them with me. TomB
Dear Mr. Hostettler,
I am interested in two trials in the early nineteenth century in which I suspect William Garrow was involved. The first is as a lawyer in the trial of Governor Picton in 1808, and the second is as a judge in the Cato-Street conspiracy case (more specifically for the trial of William Davidson). Do you happen to know of Garrow's involvement in either of these trials? Many thanks for your help,
Dan
Dear Dan,
Sorry for the delay. Yes, Garrow was involved in the Picton trial as counsel and there is a reference to the trial in The Times newspaper of 7 November 1840
As for Davidson in the Cato Street trial, Garrow acted as one of the judges and there is a full online report of the trial in the Old Bailey Proceedings ref: t18200416-1
John
John,
Many thanks for your response. This helps my research tremendously.
All best,
Dan
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