So they are saying he robbed the gold because his wife stole his money... but they intercepted the letter telling him that. So how would he have even known he was poor at the time of the robbery? Brilliant case guys
Yeah surely that demonstrates the material incentive can’t be valid: he was not aware of his financial insecurity so how can then that financial insecurity be a motive for Sharpe to rob the train? Kinda weird they make frederickson a legal expert for the hand writing part, but not point out the bleeding obvious problem
@ in the movie, I believe Sharpe had given his wife a letter so she could get his money. It was implied if he died in the war but not written like that. So she could get the money when she wanted. in fact if my memory is correct this is the first time he find out that not only his wife had taken the money but that she had betrayed him. But since he had given her the letter it would have been understood that he knew even if he didn't.
Frederickson is that lowly common guy that actually spends his time reading good wikipedia articles and ending up being a decent expert at something unexpected
he is an actual intellectual fluent in 3 languages and knowledgable about art and architecture. As an officer he is certainly able to represent Sharpe in this trial.
"We intercepted a letter, telling us his wife took all his money." Me: Well then, you just proven that Sharpe still believed himself a rich man, there for the argument still stands. :D
Frederickson is actually a gentleman and has received a gentleman’s education, he is also a fighting officer which is why him and Sharpe hit it off so easily, but in this story he gets exasperated with Sharpe who is in awe of his language ability which to him was the result of what he saw as a normal upbringing.
Sharpe throughout the series of books is frequently caught using rather gutter-level French and Spanish, even making Napoleon in exile laugh slightly. Sharpe is no politician or careerist officer like Lawford, so these things annoy him. Fredrickson on the other hand is well versed in languages, architecture and the law as well as leading a company into combat. he could have easily left for America (which is what he does in the books) but chose to fight on against the French.
William is my fave character in the series, a hard-core veteran and intelligent officer with several wounds but won't give up his duty to serve his comrades either in the field or courtroom. Wish there was an independent series about him.
It’s interesting to see Sweet William, the guy who looked like such a fool with his bad toupee and fake teeth, turn out to be such a sharp, educated guy. Nice turnabout.
Wait. Let me get this straight. So Colonel Mayo (lol) in charge of guarding the treasure convoy got attacked. He went home after that and nobody has seen him since. After the treasure convoy got attacked, the treasure fell into the hands of Major Ducos who guarded it henceforth. But now Major Ducos and the treasure have gone missing. Colonel Mayo, whom nobody has seen, writes a deposition stating that Sharpe attacked the convoy and stole the treasure despite the treasure falling into Major Ducos' protection. Major Ducos also happens to have a history and a personal vendetta against Sharpe for consistently foiling his plans in the previous war. Major Sharpe also is poor, although he doesn't know about it yet because the letter that was meant to tell him that he was poor was intercepted. So therefore Sharpe must be the one that attacked the convoy, killed the missing Major Ducos and stole the treasure for himself. Only to go back to the army in order to get shot at. Is that right?
4:13 Considering how limited information was back then over long distances, and that the army intercepted the letter detailing the information that COULD give Sharpe motive... what logically follows is that Sharpe has no motive because he still thought he had the money, he didn't know. Unless of course the army claims the wife sent 2 letters in case one of them got snatched by somebody else.
So it fell under the command of Major Duco 2 weeks ago, 1 week ago Sharpes wife withdrew the money, they intercepted the letter that was going to Sharpe stating that his wife withdrew the money. How would Sharpe know that he was broke, and according to what they said, it would take 2 weeks to get the Colonel, meaning 1 week trip down, 1 week trip back up, meaning Major Duco should of already been in France before Sharpes wife withdrew the money.
Objection! Mr. Drake is trying to muddy the waters and present irrelevant testimony to the court! I request that the court remove him from the case and strike all statements made by Mr. Drake from the record.
If they intercepted the letter before Sharpe read it how could Sharpe have known he was poor? The motivation did not exist until he learned of his financial status, at the tribunal.
it is impossible to find out what someone knows. as such it is irrelevant for the case. he had a strong motive. arguing whether he knew of his motive is a moot point and waste of time
I love him when he lead the 60th rifles to fight the deserters. Removing his wig and teeth then ordered to fire when the deserters broke the door and poured out to meet the 60th rifles.
Never having watched the whole series, I assume the letter would be rendered moot as potential evidence for the prosecution, since it was intercepted and there was no way Sharpe would have been privy to such knowledge, thereby eliminating his motivation?
Napoleon is not "the First" here. He only became The First after his nephew Louis Napoleon became the emperor and his son was retroactively made Napoleon II.
emperors receive their regnal name and ordinal the moment they are officially coronated into office. the “first” might be omitted if no heir of the same name is present, but it still belongs to his title. the only way to not have an ordinal is when you instead have another differentiating title.
@@TheVergile That is certainly not always the case, as regnal numbers tend to be quite complicated. They have become common use only relatively recently. Holy Roman Emperors Sigismund and Matthias for example do not have ordinal numbers as they are the only bearers of those names. I'm actually not sure whether or not Napoleon used an ordinal number during his reign.
Mr Latency Worse, it would imply recognition of his legitimacy as Emperor of France, which the British government did not in anything that I have read. He would be referred to as General Bonaparte, and Roland(e?) would be strongly reminded of that (legal fiction) fact.
Fredrikson i love you, you might be scary and be the worst dentist in the world but by god sir you are no fool this episode really did his character justice
Considering that Ducos had a known beef against Sharpe and had in fact framed him before a few years prior, surely *someone* would have been just a bit suspicious at his involvement?
Wigram is super ignorant of many things, including Ducos. Had Ross been in charge of this trial Ducos' involvement would have been a factor for consideration
I know everyone here is focused on Sharpe's story, but I can't help but be reminded of how tragic Napoleon's story had become at this point. The Peninsula War had gone on for seven years and not once did the Emperor set foot in Spain because he couldn't bear to leave his new wife. And two years prior to when this story is set, he instead decides to lose half a million men in an invasion of Russia. He manages to escape exile a year after Sharpe's trial only to lose France again at the Battle of Waterloo. I bring this up because in the dialogue of this show, the British characters always refer to Napoleon like he's actually there, commanding the French army from just off screen. Such a pity the Emperor marched east instead of west. I know it wouldn't have been good for Spain or Wellington or Sharpe, but I'd rather soldiers to die in a battle where there is a chance of victory, instead of starving and freezing to death in a doomed winter march.
it did not help the fact the rest of Europe wanted not just napoleon but the whole French revolution crushed and refused to recognize any peace treaty at all. instead only going as a truce and going on the attack.
@Mr. Man why anti-french? the targets of his temper were mostly french, so... i think in later years napoleon had more admirers in other countries than amongst the french
Napoleon left a great many Marshals and generals in Spain plus his own brother Joseph and his personal Mameluke troops. As Spain was technically his he only needed to keep the British out and the Portuguese quiet. The likes of Soult should have done that but alas, he did not count on the ruinous campaigns in the east as well as Wellington's brilliance coupled with Spanish resistance.
"Habeas corpus" has to do with ordering the release or transfer of a prisoner, not with demanding the presence of a witness. Sharpe's in trouble if his judge doesn't know that.
A writ of habeas corpus deals with wheather a prisoner is being illegally detained, not just that the court produce the prisoner, in this case the Captain is calling into question the ligitmacy of the deposition, thereby calling into question the legality of imprisoning Sharp. At the time, english common law held much broader definitions and a claim of habeas corpus could be used to protect the freedoms of any person against unlawful imprisonment, in this case its being used to force the court to produce not just the prisoner (who is already present) but the person whoes evidence is responsibly for detaining the prisoner so that it can be properly challenged
@@arthour051 Agreed. A higher level court might tear into a lawyer for misusing a term, but not a court such as this, especially as a) the point is valid law even if the label used is wrong, b) he does correctly translate "haebus corpus" as "produce (the) body", and c) he's not actually a lawyer.
Habeas corpus literally means "bring the body" which means the party making the accusations has to produce the evidence which to accuse the defendant. Without Colonel Mayo the accusations against Sharpe are empty as there is no overt connection to him without an eyewitness. It is a key principle of law- without a case, you have no trial. Abraham Lincoln suspended Habeas Corpus in Maryland to avoid legal challenges to it staying in the Union or even advocating secession. Thus no lawmaker could present a case to the state Supreme Court or legislature for secession as they could not put forth any case. It is controversial to this day, though it saved Washington DC from being enveloped by Confederate states.
I remember watching this years ago...and it wasn't just Sharpe who was the appeal....it was his officers who made it.... Fredickson was a legend in this
What was the actual reason that he cut his hand? Surely the bandage demonstration on its own would have been enough... I guess Fredrickson just likes to be extra dramatic at all times.
We intercepted a letter telling him he’s now poor. So obviously without knowing that he tried to steal treasure even though he had no idea he was poor. That’s very shaky
well, to be fair. making or breaking a case on whether he knows or not is stupid. what matters is that he might have found out somehow (other letters, friends writing, rumours, someone leaking the content of the letter to him, etc). it is impossible to tell what someone knows or doesnt know. so trying to argue that is a waste of time and highly subjective. whats important is that he might have known and thus has a strong motive. that being said a motive is not yet meaningful in itself. whats important is the evidence of whether he did what he is charged with or not. thats what the judges should focus on, not the moot point whether he knew. (though in american jury trials the first reaction might very well influence the sentence. a fact that is often used by attorneys. another reason why most countries prefer professional judges to declare the verdict.
Sharpe was proposed by Ross for a colonel post but unfortunately some rich boy bought it from under him. Sharpe will get his Lt.Colonel post in Waterloo while Fredrickson becomes a lawyer in Westphalia / commands a regiment in the Americas.
I'm no subject of common law and maybe wrong, but Habeas Corpus doesn't mean that you have to produce a witness. It means that you have to produce the detained before the court (instead of just keeping him locked unlawfully).
there are multiple "habeas corpus" what you were talking about is the "habeas corpus ad subjiciendum et recipiendum". (have the body to submit and recieve) that demand for the prisonner to be "submit" to the court so he could "recieve" the motives of his imprisonnement. the one used here is "habeas corpus ad testificandum" (have the body to testify), which is a demand to produce the witness.
@@karhedin - Thank you. I guess, the first habeas corpus is the more famous one (which is brought up as a historic step towards human rights and civil liberties)?
How did Wigram become Chief Magistrate of that tribunal? He challenged Sharpe to a duel and got shot in the ass for it, Personal Bias would be off the charts there
that is not what Habeus Corpus is, by the way. It's a way you can ask a court to determine whether someone's imprisonment is lawful or not (if someone is being held in jail you can appeal to decide if it's lawful to imprison you, or do so for someone else). it isn't about the authorship of written evidence
Ol "Sweet William" never ceases to amaze me. He kicks ass on the battle field and in the court room. When that wig comes off and those teeth come out many men will die...
Sharp plays the role of the Underdog that has risen from the ranks to become an officer and not by his name like many others. The entire plot of the show builds on the conflicts with superiors.
that's the premise of the entire Sharpe series. He is betrayed, sold out, failed and sacrificed by almost all of his superiors. Even Wellington reminded him he was a tool for the British Army, even if he had saved the Duke's life in India (Spain in the TV series). The ones he likes, apart from Ross normally get killed ,like poor Colonel Barkley , Major Lennox or Captain Leroy (died off page). Even in the latest book, Sharpe's Assassin the operative working with Sharpe and Harper is pompous to the point of being hyper annoying
The motive alone is the evidence yet there is no way Sharpe could have known about his fortune since they intercepted the letter supposed to inform him, so how can he be motivated to steal if he was not even aware his fotune was null?
The actor rotates through a whole load of accents to show that Frederickson has cultured himself in the many places he has soldiered. He speaks French and Spanish, and possibly German too, so likely picked up accents as he will have spent more time abroad than at home since he got his commission. There's also the fact that the actor had to wear a pretty uncomfortable set of false teeth and speak with an impediment since Frederickson's jaw is supposed to be half-gone.
@@willn703 It is indeed, Sharpe's Revenge which is prior to Sharpe's Justice and after Sharpe's Mission. Revenge is the first of the 1997 series, Revenge, Justice and Waterloo
Withholding evidence as a means to do a “gotcha” moment. Spoliation of evidence is the intentional, reckless, or negligent withholding, hiding, altering, fabricating, or destroying of evidence relevant to a legal proceeding. dismissal of the claim, entry of judgment against the mediator (judge), the exclusion of testimony of expert or other witnesses, or instructions to the jury to draw adverse inferences against the noncompliant party. I.E. the judge and the other officers.
So they are saying he robbed the gold because his wife stole his money... but they intercepted the letter telling him that. So how would he have even known he was poor at the time of the robbery? Brilliant case guys
Yeah surely that demonstrates the material incentive can’t be valid: he was not aware of his financial insecurity so how can then that financial insecurity be a motive for Sharpe to rob the train?
Kinda weird they make frederickson a legal expert for the hand writing part, but not point out the bleeding obvious problem
Also the interesting question of why they intercepted his mail?
really!? thats the most pressing question here!? really!?
@@derlenx1097 i do say so myself sir
@ in the movie, I believe Sharpe had given his wife a letter so she could get his money. It was implied if he died in the war but not written like that. So she could get the money when she wanted. in fact if my memory is correct this is the first time he find out that not only his wife had taken the money but that she had betrayed him. But since he had given her the letter it would have been understood that he knew even if he didn't.
Forgoing personal hygiene in order to prioritize Law studies. That's soldiering.
An unbroken string of comments, all using the same theme. Now that's commenting.
@@jhoo1309
Stringing, too.
Soldiering. Now that's soldiering.
Why did Sharpe do it?
- he lost his wealth
Says who?
- his wife in a letter we stole before it reached him
Big brain moment
Corrupt courts and prosecutors do this sort of thing all the time.
Frederickson is that lowly common guy that actually spends his time reading good wikipedia articles and ending up being a decent expert at something unexpected
If anything, he could have gone killed it further by mentioning Mens rea and Actus reus.
Now that's soldiering.
he is an actual intellectual fluent in 3 languages and knowledgable about art and architecture. As an officer he is certainly able to represent Sharpe in this trial.
LIked what you wrote until I saw good wikipedia article.. 🤣
@@kim2894 yes
"We intercepted a letter, telling us his wife took all his money."
Me: Well then, you just proven that Sharpe still believed himself a rich man, there for the argument still stands. :D
My first thought exactly.
The genuine surprise on Sharpe's face should've showed the judges that he had no idea about that.
Case closed. Dismissed.
Frederickson is actually a gentleman and has received a gentleman’s education, he is also a fighting officer which is why him and Sharpe hit it off so easily, but in this story he gets exasperated with Sharpe who is in awe of his language ability which to him was the result of what he saw as a normal upbringing.
Sharpe throughout the series of books is frequently caught using rather gutter-level French and Spanish, even making Napoleon in exile laugh slightly. Sharpe is no politician or careerist officer like Lawford, so these things annoy him.
Fredrickson on the other hand is well versed in languages, architecture and the law as well as leading a company into combat. he could have easily left for America (which is what he does in the books) but chose to fight on against the French.
Hasn’t Sharpe suffered enough!? God bless Fredrickson!!!
Achievement Earned:
*Bad Ass Law Man*
The more Sharpe suffer the more he succeed.
@@brunolapointe66 now that's living
I set one up, I think? I’ve never done this before to be honest.
Achievment: Sweet William Lawyer
Better achievement name:
“If the hand has a slit...”
William is my fave character in the series, a hard-core veteran and intelligent officer with several wounds but won't give up his duty to serve his comrades either in the field or courtroom. Wish there was an independent series about him.
It’s interesting to see Sweet William, the guy who looked like such a fool with his bad toupee and fake teeth, turn out to be such a sharp, educated guy. Nice turnabout.
@@keirfarnum6811 Agreed. I still recall the scene when Sharpe met him. Though he struck me as having a keen mind even then.
@@mikemesser4326 the characterization depicted in this show is some of the pithiest I've seen
Frederickson's rifles?
Mine as well. A true scholar warrior, Sweet William.
Sharpe: "What do you know about the law?"
Famous last words which saved his arse
and clean Frederickson's ass
"We intercepted a letter, telling us his wife took all his money."
Intercepting your opponent's motive. Now that's filibustering!
Understanding Latin....
....that's lawyering.
@flownet07 sweet william has certainly seen to that. .
...or Catholicing :)
4:37 very inconspicuous character. he probably has nothing to do with anything going on.
Sure, yeah. Them side burns of his Aren't at all villain levels of hair cut lol!
Also his large coat isn't suspect at all.
I'm sure he will play no part in Sharp's future. You mark my words.
Wait. Let me get this straight.
So Colonel Mayo (lol) in charge of guarding the treasure convoy got attacked. He went home after that and nobody has seen him since.
After the treasure convoy got attacked, the treasure fell into the hands of Major Ducos who guarded it henceforth.
But now Major Ducos and the treasure have gone missing.
Colonel Mayo, whom nobody has seen, writes a deposition stating that Sharpe attacked the convoy and stole the treasure despite the treasure falling into Major Ducos' protection.
Major Ducos also happens to have a history and a personal vendetta against Sharpe for consistently foiling his plans in the previous war.
Major Sharpe also is poor, although he doesn't know about it yet because the letter that was meant to tell him that he was poor was intercepted.
So therefore Sharpe must be the one that attacked the convoy, killed the missing Major Ducos and stole the treasure for himself. Only to go back to the army in order to get shot at. Is that right?
Yup. It's a watertight case against Sharpe.
Accurately summarised
Wigram is an incredibly biased judge here, only the supremely convincing evidence managed to save Sharpe.
As faithfully reported by Fox News.
Slicing your hand to prove a point before judges, now that's Sweet Williaming!
The second use of "Prima facae" in the series. That's Latin ing.
rather "prima feces"...considering the origin of the law knowledge :)
"We'll _habea corpus_ on our hands when I track down Ducos!"
- Richard Sharpe, probably
frederickson could never have been the all-around bad ass he is if it weren't for the magnificent acting of philip whitchurch.
4:13 Considering how limited information was back then over long distances, and that the army intercepted the letter detailing the information that COULD give Sharpe motive... what logically follows is that Sharpe has no motive because he still thought he had the money, he didn't know.
Unless of course the army claims the wife sent 2 letters in case one of them got snatched by somebody else.
A lawyer should never ask a question in court that he/she does not already know the answer.
So it fell under the command of Major Duco 2 weeks ago, 1 week ago Sharpes wife withdrew the money, they intercepted the letter that was going to Sharpe stating that his wife withdrew the money.
How would Sharpe know that he was broke, and according to what they said, it would take 2 weeks to get the Colonel, meaning 1 week trip down, 1 week trip back up, meaning Major Duco should of already been in France before Sharpes wife withdrew the money.
Frederickson knows his way around a courtroom. Now that's lawyering.
Okay who is uploading clips from Sharpe actively in the year 2020? I wish to meet this man and shake his hand firmly.
Sadly no handshaking due to the social distances put in place by this ( In a Sharpe voice ) Bastard Coronavirus!!!
Ladies and gentleman of the supposed jury, this... is Chewbacca.
Objection! Mr. Drake is trying to muddy the waters and present irrelevant testimony to the court! I request that the court remove him from the case and strike all statements made by Mr. Drake from the record.
What?
Shadowkey392 it’s a South Park reference
If they intercepted the letter before Sharpe read it how could Sharpe have known he was poor? The motivation did not exist until he learned of his financial status, at the tribunal.
it is impossible to find out what someone knows. as such it is irrelevant for the case. he had a strong motive. arguing whether he knew of his motive is a moot point and waste of time
@@TheVergile Knowing a person's intent AT THE TIME is EXTREMELY important at least in American court.
Really wish we had seen more of Frederickson. He's a great character.
Frederickson: Defends Sharpe in the trial of his life.
Sharpe: Runs off with the woman that Frederickson fancied.
Now that's soldiering 😆
Frederickson is the real mvp.
Poor
Fredrickson is my absolute favorite - loved him in my hero too
Sweet William is one of many characters folks will remember.
Jolly fine flowers
I love him when he lead the 60th rifles to fight the deserters. Removing his wig and teeth then ordered to fire when the deserters broke the door and poured out to meet the 60th rifles.
Fredrickson has a way of proving a point. Now that's soldiering.
Never having watched the whole series, I assume the letter would be rendered moot as potential evidence for the prosecution, since it was intercepted and there was no way Sharpe would have been privy to such knowledge, thereby eliminating his motivation?
The trial is skewed against Sharpe, since he had earlier shot Colonel Wagram in the bum in a duel.
Napoleon is not "the First" here. He only became The First after his nephew Louis Napoleon became the emperor and his son was retroactively made Napoleon II.
emperors receive their regnal name and ordinal the moment they are officially coronated into office.
the “first” might be omitted if no heir of the same name is present, but it still belongs to his title. the only way to not have an ordinal is when you instead have another differentiating title.
@@TheVergile That is certainly not always the case, as regnal numbers tend to be quite complicated. They have become common use only relatively recently. Holy Roman Emperors Sigismund and Matthias for example do not have ordinal numbers as they are the only bearers of those names. I'm actually not sure whether or not Napoleon used an ordinal number during his reign.
@@stargazer7836 at that point every single french monarch for almost 1000 years has been given an ordinal.
Mr Latency Worse, it would imply recognition of his legitimacy as Emperor of France, which the British government did not in anything that I have read. He would be referred to as General Bonaparte, and Roland(e?) would be strongly reminded of that (legal fiction) fact.
@@TheVergile Every single monarch? That's interesting, I would like to know your source.
Man, I wasn't expecting "William Frederickson, Ace Attorney"
Considering how he got that lawbook, "ass attorney" might also be fitting.
Man, Fredrickson was one of the greatest characters of the series.
This guy is a better lawyer than the one I pay for...
No kidding.
Real lawyers are completely useless and are at best letter writers.
And so the now that's soldiering jokes begin
Accepting the inevitable, regardless of your opinion of it.
That's soldiering.
Followed closely by the “soldering” jokes.
Sharpe is the GOAT.
Edit: Fredrick is the GOAT
Oh am I glad you can skip ads, the one before this was 2 hours long! At this rate the trial will take all year.
Cutting your hand to help prove a point somehow? That’s not soldiering, that’s just hardcore-ing.
Blood on the bandages looks more convincing.
Thats lawyering
Fredrikson i love you, you might be scary and be the worst dentist in the world but by god sir you are no fool this episode really did his character justice
Now that's Lawyering!
BUT HOW WOULD SHARPE KNOW HE WAS POOR IF YOU INTERCEPTED HIS LETTER
Considering that Ducos had a known beef against Sharpe and had in fact framed him before a few years prior, surely *someone* would have been just a bit suspicious at his involvement?
Wigram is super ignorant of many things, including Ducos. Had Ross been in charge of this trial Ducos' involvement would have been a factor for consideration
You bring me the rumors of a traitor halfway across the world and call it fact
I like the way he rasps with pain when he stands up the bastard. 04:32 That will remind you pip squeek.
The older the book looks, worth saving it better.
this series is underratted
Frederickson was such a bro to Sharpe. I really hated how things turned out between them.
3:33 honestly so much meaning to this that shit hit me no pun intended lol
Frederickson coulda just tied his fingers, but he had to draw blood because he's a goddamn CHAD
I know everyone here is focused on Sharpe's story, but I can't help but be reminded of how tragic Napoleon's story had become at this point. The Peninsula War had gone on for seven years and not once did the Emperor set foot in Spain because he couldn't bear to leave his new wife. And two years prior to when this story is set, he instead decides to lose half a million men in an invasion of Russia. He manages to escape exile a year after Sharpe's trial only to lose France again at the Battle of Waterloo. I bring this up because in the dialogue of this show, the British characters always refer to Napoleon like he's actually there, commanding the French army from just off screen. Such a pity the Emperor marched east instead of west. I know it wouldn't have been good for Spain or Wellington or Sharpe, but I'd rather soldiers to die in a battle where there is a chance of victory, instead of starving and freezing to death in a doomed winter march.
Napoleon was a reprobate and a criminal, feeling sympathy for someone like him is quite unbecoming i say.
well, by all accounts he was a real unpleasant guy to be around, so...
it did not help the fact the rest of Europe wanted not just napoleon but the whole French revolution crushed and refused to recognize any peace treaty at all. instead only going as a truce and going on the attack.
@Mr. Man why anti-french? the targets of his temper were mostly french, so...
i think in later years napoleon had more admirers in other countries than amongst the french
Napoleon left a great many Marshals and generals in Spain plus his own brother Joseph and his personal Mameluke troops. As Spain was technically his he only needed to keep the British out and the Portuguese quiet. The likes of Soult should have done that but alas, he did not count on the ruinous campaigns in the east as well as Wellington's brilliance coupled with Spanish resistance.
3:44 A Writ of Habeus Corpus; just about THE fundamental doctrine in British Common Law and it's descendant in the United States; genius!
I'd pay good money for a show about Captain Frederickson Ace Attorney'ing his way through pre-unification Germany.
4:30 no matter how small a gavel is it's still loud
Discovery during trial. How lovely...
I need to quit watching clips from this show before I watch the show itself. I’ve got season 1 on hold at my local library now.
"Habeas corpus" has to do with ordering the release or transfer of a prisoner, not with demanding the presence of a witness. Sharpe's in trouble if his judge doesn't know that.
A writ of habeas corpus deals with wheather a prisoner is being illegally detained, not just that the court produce the prisoner, in this case the Captain is calling into question the ligitmacy of the deposition, thereby calling into question the legality of imprisoning Sharp. At the time, english common law held much broader definitions and a claim of habeas corpus could be used to protect the freedoms of any person against unlawful imprisonment, in this case its being used to force the court to produce not just the prisoner (who is already present) but the person whoes evidence is responsibly for detaining the prisoner so that it can be properly challenged
@@arthour051 Agreed. A higher level court might tear into a lawyer for misusing a term, but not a court such as this, especially as a) the point is valid law even if the label used is wrong, b) he does correctly translate "haebus corpus" as "produce (the) body", and c) he's not actually a lawyer.
Habeas corpus literally means "bring the body" which means the party making the accusations has to produce the evidence which to accuse the defendant. Without Colonel Mayo the accusations against Sharpe are empty as there is no overt connection to him without an eyewitness. It is a key principle of law- without a case, you have no trial.
Abraham Lincoln suspended Habeas Corpus in Maryland to avoid legal challenges to it staying in the Union or even advocating secession. Thus no lawmaker could present a case to the state Supreme Court or legislature for secession as they could not put forth any case. It is controversial to this day, though it saved Washington DC from being enveloped by Confederate states.
For crying out loud I can't figure out which eye is the lazy one.
Cpt. Frederickson is an OG/ one of my favorite characters.
I remember watching this years ago...and it wasn't just Sharpe who was the appeal....it was his officers who made it.... Fredickson was a legend in this
What was the actual reason that he cut his hand? Surely the bandage demonstration on its own would have been enough... I guess Fredrickson just likes to be extra dramatic at all times.
Bloody brilliant man Frederickson is.
Very theatrical display by Perry "Frederickson" Mason, but why cut his hand as part of the demonstration?
Cutting your hand before disinfectants have been invented, even though it's not necessary for the demonstration - that's lawyering!
What episode is this from?
Fredrickson be rolling nat 20s on his persuasion checks.
Cutting his own hand to save his client?
Thats not lawyering..
No, that’s just hardcore-ing.
We intercepted a letter telling him he’s now poor. So obviously without knowing that he tried to steal treasure even though he had no idea he was poor.
That’s very shaky
well, to be fair.
making or breaking a case on whether he knows or not is stupid.
what matters is that he might have found out somehow (other letters, friends writing, rumours, someone leaking the content of the letter to him, etc).
it is impossible to tell what someone knows or doesnt know. so trying to argue that is a waste of time and highly subjective.
whats important is that he might have known and thus has a strong motive.
that being said a motive is not yet meaningful in itself.
whats important is the evidence of whether he did what he is charged with or not. thats what the judges should focus on, not the moot point whether he knew.
(though in american jury trials the first reaction might very well influence the sentence. a fact that is often used by attorneys. another reason why most countries prefer professional judges to declare the verdict.
They don't come harder than Fredrickson. Born 50 years too early for Holmes, sadly.
Better call Saul? No, Better Call Frederickson.
Fredrickson is a friggin badass dude
Is this a real room they are using or just a set they built?
0:09 ah yes, 19th century with light stand and power cables outside the window :) oops hahaha
in Hornblower:Loyalty there are power cables, a local rambler and a tv antenna spotted😂
Sharpe should be a Colonel and Frederikson should be a Major already, they deserve it.
Sharpe was proposed by Ross for a colonel post but unfortunately some rich boy bought it from under him. Sharpe will get his Lt.Colonel post in Waterloo while Fredrickson becomes a lawyer in Westphalia / commands a regiment in the Americas.
Holding a watching bref over your friend. Now that's soldiering.
Get yasen someone like Capt Frederickson... what a giga-chad.
I'm no subject of common law and maybe wrong, but Habeas Corpus doesn't mean that you have to produce a witness. It means that you have to produce the detained before the court (instead of just keeping him locked unlawfully).
there are multiple "habeas corpus"
what you were talking about is the "habeas corpus ad subjiciendum et recipiendum". (have the body to submit and recieve) that demand for the prisonner to be "submit" to the court so he could "recieve" the motives of his imprisonnement.
the one used here is "habeas corpus ad testificandum" (have the body to testify), which is a demand to produce the witness.
@@karhedin - Thank you. I guess, the first habeas corpus is the more famous one (which is brought up as a historic step towards human rights and civil liberties)?
Burned@@MrAnticlimate
How did Wigram become Chief Magistrate of that tribunal? He challenged Sharpe to a duel and got shot in the ass for it, Personal Bias would be off the charts there
Military tribunal, he's probably the ranking senior officer available
0:55 - Is that Pooh Bear?
Why did he cut his hand?
Now that's lawyering!
Where can we watch full episodes of this in the UK?
you cannot.
Thanks RUclips.
It’s no use Sharpe, we have the preliminaries sketches!
3:10 i bet colonel brand begs to differ 😂
0:24 the hand of the king
that is not what Habeus Corpus is, by the way. It's a way you can ask a court to determine whether someone's imprisonment is lawful or not (if someone is being held in jail you can appeal to decide if it's lawful to imprison you, or do so for someone else). it isn't about the authorship of written evidence
Ol "Sweet William" never ceases to amaze me. He kicks ass on the battle field and in the court room. When that wig comes off and those teeth come out many men will die...
Worst thing Sharpe ever did was marry that woman, and considering the list of crazy things he's done that's saying something.
For my first witness I call: The Prince of Orange.
Why is it that almost every clip of Sharpe that I find in RUclips somehow always involves Sharpe getting screwed over by his superiors.
Well not exactly his superiors but someone in the Royal Army, there is always someone trying to mess with him.
Sharp plays the role of the Underdog that has risen from the ranks to become an officer and not by his name like many others. The entire plot of the show builds on the conflicts with superiors.
that's the premise of the entire Sharpe series. He is betrayed, sold out, failed and sacrificed by almost all of his superiors. Even Wellington reminded him he was a tool for the British Army, even if he had saved the Duke's life in India (Spain in the TV series). The ones he likes, apart from Ross normally get killed ,like poor Colonel Barkley , Major Lennox or Captain Leroy (died off page).
Even in the latest book, Sharpe's Assassin the operative working with Sharpe and Harper is pompous to the point of being hyper annoying
The motive alone is the evidence yet there is no way Sharpe could have known about his fortune since they intercepted the letter supposed to inform him, so how can he be motivated to steal if he was not even aware his fotune was null?
Now thats lawyering
Educating yourself in military law? Now that's soldiering.
Captain Frederickson = Underrated
I haven't watched the series in full, yet, so what's up with Fredericksons accent?
He sounds almost...French?
The actor rotates through a whole load of accents to show that Frederickson has cultured himself in the many places he has soldiered. He speaks French and Spanish, and possibly German too, so likely picked up accents as he will have spent more time abroad than at home since he got his commission. There's also the fact that the actor had to wear a pretty uncomfortable set of false teeth and speak with an impediment since Frederickson's jaw is supposed to be half-gone.
Last time i was this early.....well... was never
This whole timeline is confusing. Which episode is this again?
Being punctual, that's soldiering
@@PelikeMaia I think this is Sharpe's Revenge...but I won't swear to it
@@willn703 you are correct, it is sharpes revenge
@@willn703 It is indeed, Sharpe's Revenge which is prior to Sharpe's Justice and after Sharpe's Mission. Revenge is the first of the 1997 series, Revenge, Justice and Waterloo
sweet william made a top notch lawyer
Wiping your arse with a law book ....... Now that IS soldiering.
sharpe is so hard and will not die even if he is played by sean bean. well done sharpe.
Sticking up for his buddy, now that's Captian Fredericksoning!
Withholding evidence as a means to do a “gotcha” moment.
Spoliation of evidence is the intentional, reckless, or negligent withholding, hiding, altering, fabricating, or destroying of evidence relevant to a legal proceeding.
dismissal of the claim,
entry of judgment against the mediator (judge),
the exclusion of testimony of expert or other witnesses,
or instructions to the jury to draw adverse inferences against the noncompliant party.
I.E. the judge and the other officers.