“Yes, yes!” muttered the judge, “no sign of infirmity is yet written here; the blood flows clear and warm enough; the cheek looks firm too, and passing full, for one who was always of the lean kine. Aha! this letter is a cordial, an elixir vitro. I feel as if a new lease were granted to the reluctant tenant. Lord Warlock, the first Baron of Warlock, Lord Chief Baron,—what next?”
As he spoke, he strode unconsciously away, folding his arms with that sort of joyous and complacent gesture which implies the idea of a man hugging himself in a silent delight. Assuredly had the most skilful physician then looked upon the ardent and all-lighted face, the firm step, the elastic and muscular frame, the vigorous air of Brandon, as he mentally continued his soliloquy, he would have predicted for him as fair a grasp on longevity as the chances of mortal life will allow. He was interrupted by the servant entering.
“It is twenty-five minutes after nine, sir,” said he, respectfully.
“Sir,—sir!” repeated Brandon. “Ah, well! so late!”
“Yes, sir, and the sheriff's carriage is almost at the door.”
“Humph! Minister,—Peer,—Warlock,—succession. My son, my son! would to God that I could find thee!”
Such were Brandon's last thoughts as he left the room. It was with great difficulty, so dense was the crowd, that the judge drove up to the court. As the carriage slowly passed, the spectators pressed to the windows of the vehicle, and stood on tiptoe to catch a view of the celebrated lawyer. Brandon's face, never long indicative of his feelings, had now settled into its usual gravity; and the severe loftiness of his look chilled, while it satisfied, the curiosity of the vulgar. It had been ordered that no person should be admitted until the judge had taken his seat on the bench; and this order occasioned so much delay, owing to the accumulated pressure of the vast and miscellaneous group, that it was more than half an hour before the court was able to obtain that decent order suiting the solemnity of the occasion. At five minutes before ten a universal and indescribable movement announced that the prisoner was put to the bar. We read in one of the journals of that day, that “on being put to the bar, the prisoner looked round with a long and anxious gaze, which at length settled on the judge, and then dropped, while the prisoner was observed to change countenance slightly. Lovett was dressed in a plain dark suit; he seemed to be about six feet high; and though thin and worn, probably from the effect of his wound and imprisonment, he is remarkably well made, and exhibits the outward appearance of that great personal strength which he is said to possess, and which is not unfrequently the characteristic of daring criminals. His face is handsome and prepossessing, his eyes and hair dark, and his complexion pale, possibly from the effects of his confinement; there was a certain sternness in his countenance during the greater part of the trial. His behaviour was remarkably collected and composed. The prisoner listened with the greatest attention to the indictment, which the reader will find in another part of our paper, charging him with the highway robbery of Lord Mauleverer, on the night of the ------ of ------ last. He occasionally inclined his body forward, and turned his ear towards the court; and he was observed, as the jury were sworn, to look steadily in the face of each. He breathed thick and hard when the various aliases he had assumed—Howard, Cavendish, Jackson, etc.,—were read; but smiled with an unaccountable expression when the list was completed, as if exulting at the varieties of his ingenuity. At twenty-five minutes past ten Mr. Dyebright, the counsel for the crown, stated the case to the jury.”
Mr. Dyebright was a lawyer of great eminence; he had been a Whig all his life, but had latterly become remarkable for his insincerity, and subservience to the wishes of the higher powers. His talents were peculiar and effective. If he had little eloquence, he had much power; and his legal knowledge, was sound and extensive. Many of his brethren excelled him in display; but no one, like him, possessed the secret of addressing a jury. Winningly familiar; seemingly candid to a degree that scarcely did justice to his cause, as if he were in an agony lest he should persuade you to lean a hair-breadth more on his side of the case than justice would allow; apparently all made up of good, homely, virtuous feeling, a disinterested regard for truth, a blunt yet tender honesty, seasoned with a few amiable fireside prejudices, which always come home to the hearts of your fathers of families and thorough-bred Britons; versed in all the niceties of language, and the magic of names; if he were defending crime, carefully calling it misfortune; if attacking misfortune, constantly calling it crime,—Mr. Dyebright was exactly the man born to pervert justice, to tickle jurors, to cozen truth with a friendly smile, and to obtain a vast reputation as an excellent advocate. He began with a long preliminary flourish on the importance of the case. He said that he should with the most scrupulous delicacy avoid every remark calculated to raise unnecessary prejudice against the prisoner. He should not allude to his unhappy notoriety, his associations with the lowest dregs. (Here up jumped the counsel for the prisoner, and Mr. Dyebright was called to order.) “God knows,” resumed the learned gentleman, looking wistfully at the jury, “that my learned friend might have spared himself this warning. God knows that I would rather fifty of the wretched inmates of this county jail were to escape unharmed than that a hair of the prisoner you behold at the bar should be unjustly touched. The life of a human being is at stake; we should be guilty ourselves of a crime which on our deathbeds we should tremble to recall, were we to suffer any consideration, whether of interest or of prejudice, or of undue fear for our own properties and lives, to bias us even to the turning of a straw against the unfortunate prisoner. Gentlemen, if you find me travelling a single inch from my case,—if you find me saying a single word calculated to harm the prisoner in your eyes, and unsupported by the evidence I shall call,—then I implore you not to depend upon the vigilance of my learned friend, but to treasure these my errors in your recollection, and to consider them as so many arguments in favour of the prisoner. If, gentlemen, I could by any possibility imagine that your verdict would be favourable to the prisoner, I can, unaffectedly and from the bottom of my heart, declare to you that I should rejoice; a case might be lost, but a fellow-creature would be saved! Callous as we of the legal profession are believed, we have feelings like you; and I ask any one of you, gentlemen of the jury, any one who has ever felt the pleasures of social intercourse, the joy of charity, the heart's reward of benevolence,—I ask any one of you, whether, if he were placed in the arduous situation I now hold, all the persuasions of vanity would not vanish at once from his mind, and whether his defeat as an advocate would not be rendered dear to him by the common and fleshly sympathies of a man. But, gentlemen” (Mr. Dyebright's voice at once deepened and faltered), “there is a duty, a painful duty, we owe to our country; and never, in the long course of my professional experience, do I remember an instance in which it was more called forth than in the present. Mercy, gentlemen, is dear, very dear to us all; but it is the deadliest injury we can inflict on mankind when it is bought at the expense of justice.”
The learned gentleman then, after a few further prefatory observations, proceeded to state how, on the night of ———- last, Lord Mauleverer was stopped and robbed by three men masked, of a sum of money amounting to above L350, a diamond snuff-box, rings, watch, and a case of most valuable jewels,—how Lord Mauleverer, in endeavouring to defend himself, had passed a bullet through the clothes of one of the robbers,—how it would be proved that the garments of the prisoner, found in a cave in Oxfordshire, and positively sworn to by a witness he should produce, exhibited a rent similar to such a one as a bullet would produce,—how, moreover, it would be positively sworn to by the same witness, that the prisoner Lovett had come to the cavern with two accomplices not since taken up, since their rescue by the prisoner, and boasted of the robbery he had just committed; that in the clothes and sleeping apartment of the robber the articles stolen from Lord Mauleverer were found; and that the purse containing the notes for L300, the only thing the prisoner could probably have obtained time to carry off with him, on the morning on which the cave was entered by the policemen, was found on his person on the day on which he had attempted the rescue of his comrades, and had been apprehended in that attempt. He stated, moreover, that the dress found in the cavern, and sworn to by one witness he should produce as belonging to the prisoner, answered exactly to the description of the clothes worn by the principal robber, and sworn to by Lord Mauleverer, his servant, and the postilions. In like manner the colour of one of the horses found in the cavern corresponded with that rode by the highwayman. On these circumstantial proofs, aided by the immediate testimony of the king's evidence (that witness whom he should produce) he rested a case which could, he averred, leave no doubt on the minds of an impartial jury. Such, briefly and plainly alleged, made the substance of the details entered into by the learned counsel, who then proceeded to call his witnesses. The evidence of Lord Mauleverer (who was staying at Mauleverer Park, which was within a few miles of—) was short and clear (it was noticed as a singular circumstance, that at the end of the evidence the prisoner bowed respectfully to his lordship). The witness of the postilions and of the valet was no less concise; nor could all the ingenuity of Clifford's counsel shake any part of their evidence in his cross-examination. The main witness depended on by the crown was now summoned, and the solemn countenance of Peter MacGrawler rose on the eyes of the jury. One look of cold and blighting contempt fell on him from the eye of the prisoner, who did not again deign to regard him during the whole of his examination.
The witness of MacGrawler was delivered with a pomposity worthy of the ex-editor of the “Asinaeum.” Nevertheless, by the skill of Mr. Dyebright, it was rendered sufficiently clear a story to leave an impression on the jury damnatory to the interests of the prisoner. The counsel on the opposite side was not slow in perceiving the ground acquired by the adverse party; so, clearing his throat, he rose with a sneering air to the cross-examination.