The more innocent the defendant was, the less likely he was to guess the nature of the charge on which he was to be tried; and how could he have evidence ready to rebut a charge the nature of which he could not guess?
The Crown had power to compel the attendance of witnesses.

The prisoner had no such power.

If witnesses voluntarily came forward to speak in his favour, they could not be sworn.

Their testimony therefore made less impression on a jury than the testimony of the witnesses for the prosecution, whose veracity was guaranteed by the most solemn sanctions of law and of religion.

The juries, carefully selected by Sheriffs whom the Crown had named, were men animated by the fiercest party spirit, men who had as little tenderness for an Exclusionist of a Dissenter as for a mad dog.