“So, so,” began Mr. Botheram, putting on a pair of remarkably large spectacles, wherewith he truculently regarded the witness,—“so, so, Mr. MacGrawler,—is that your name, eh, eh? Ah, it is, is it? A very respectable name it is too, I warrant. Well, sir, look at me. Now, on your oath, remember, were you ever the editor of a certain thing published every Wednesday, and called the 'Athenaeum,' or the 'Asinaeum,' or some such name?”

Commencing with this insidious and self-damnatory question, the learned counsel then proceeded, as artfully as he was able, through a series of interrogatories calculated to injure the character, the respectable character, of MacGrawler, and weaken his testimony in the eyes of the jury. He succeeded in exciting in the audience that feeling of merriment wherewith the vulgar are always so delighted to intersperse the dull seriousness of hanging a human being. But though the jury themselves grinned, they were not convinced. The Scotsman retired from the witness-box “scotched,” perhaps, in reputation, but not “killed” as to testimony. It was just before this witness concluded, that Lord Mauleverer caused to be handed to the judge a small slip of paper, containing merely these words in pencil:—

DEAR BRANDON,—A dinner waits you at Mauleverer Park, only three
miles hence. Lord—and the Bishop of—meet you. Plenty of news
from London, and a letter about you, which I will show to no one
till we meet. Make haste and hang this poor fellow, that I may see
you the sooner; and it is bad for both of us to wait long for a
regular meal like dinner. I can't stay longer, it is so hot, and my
nerves were always susceptible.
Yours, MAULEVERER.
If you will come, give me a nod. You know my hour,—it is always
the same.

The judge, glancing over the note, inclined his head gravely to the earl, who withdrew; and in one minute afterwards, a heavy and breathless silence fell over the whole court. The prisoner was called upon for his defence: it was singular what a different sensation to that existing in their breasts the moment before crept thrillingly through the audience. Hushed was every whisper, vanished was every smile that the late cross-examination had excited; a sudden and chilling sense of the dread importance of the tribunal made itself abruptly felt in the minds of every one present.

Perhaps, as in the gloomy satire of Hogarth (the moral Mephistopheles of painters), the close neighbourhood of pain to mirth made the former come with the homelier shock to the heart; be that as it may, a freezing anxiety, numbing the pulse and stirring through the air, made every man in that various crowd feel a sympathy of awe with his neighbour, excepting only the hardened judge and the hackneyed lawyers, and one spectator,—an idiot who had thrust himself in with the general press, and stood, within a few paces of the prisoner, grinning unconsciously, and every now and then winking with a glassy eye at some one at a distance, whose vigilance he had probably eluded.

The face and aspect, even the attitude, of the prisoner were well fitted to heighten the effect which would naturally have been created by any man under the same fearful doom. He stood at the very front of the bar, and his tall and noble figure was drawn up to its full height; a glow of excitement spread itself gradually over features at all times striking, and lighted an eye naturally eloquent, and to which various emotions at that time gave a more than commonly deep and impressive expression. He began thus:—

“My lord, I have little to say, and I may at once relieve the anxiety of my counsel, who now looks wistfully upon me, and add that that little will scarcely embrace the object of defence. Why should I defend myself? Why should I endeavour to protract a life that a few days, more or less, will terminate, according to the ordinary calculations of chance? Such as it is and has been, my life is vowed to the law, and the law will have the offering. Could I escape from this indictment, I know that seven others await me, and that by one or the other of these my conviction and my sentence must come. Life may be sweet to all of us, my lord; and were it possible that mine could be spared yet a while, that continued life might make a better atonement for past actions than a death which, abrupt and premature, calls for repentance while it forbids redress.

“But when the dark side of things is our only choice, it is useless to regard the bright; idle to fix our eyes upon life, when death is at hand; useless to speak of contrition, when we are denied its proof. It is the usual policy of prisoners in my situation to address the feelings and flatter the prejudices of the jury; to descant on the excellence of our laws, while they endeavour to disarm them; to praise justice, yet demand mercy; to talk of expecting acquittal, yet boast of submitting without a murmur to condemnation. For me, to whom all earthly interests are dead, this policy is idle and superfluous. I hesitate not to tell you, my lord judge,—to proclaim to you, gentlemen of the jury,—that the laws which I have broken through my life I despise in death! Your laws are but of two classes; the one makes criminals, the other punishes them. I have suffered by the one; I am about to perish by the other.

“My lord, it was the turn of a straw which made me what I am. Seven years ago I was sent to the house of correction for an offence which I did not commit. I went thither, a boy who had never infringed a single law; I came forth, in a few weeks, a man who was prepared to break all laws! Whence was this change? Was it my fault, or that of my condemners? You had first wronged me by a punishment which I did not deserve; you wronged me yet more deeply when (even had I been guilty of the first offence) I was sentenced to herd with hardened offenders, and graduates in vice and vice's methods of support. The laws themselves caused me to break the laws: first, by implanting within me the goading sense of injustice; secondly, by submitting me to the corruption of example. Thus, I repeat,—and I trust my words will sink solemnly into the hearts of all present,—your legislation made me what I am; and it now destroys me, as it has destroyed thousands, for being what it made me! But for this, the first aggression on me, I might have been what the world terms honest,—I might have advanced to old age and a peaceful grave through the harmless cheateries of trade or the honoured falsehoods of a profession. Nay, I might have supported the laws which I have now braved; like the counsel opposed to me, I might have grown sleek on the vices of others, and advanced to honour by my ingenuity in hanging my fellow-creatures! The canting and prejudging part of the Press has affected to set before you the merits of 'honest ability,' or 'laborious trade,' in opposition to my offences. What, I beseech you, are the props of your 'honest' exertion,—the profits of 'trade'? Are there no bribes to menials? Is there no adulteration of goods? Are the rich never duped in the price they pay? Are the poor never wronged in the quality they receive? Is there honesty in the bread you eat, in a single necessity which clothes or feeds or warms you? Let those whom the law protects consider it a protector: when did it ever protect me? When did it ever protect the poor man? The government of a State, the institutions of law, profess to provide for all those who 'obey.' Mark! a man hungers,—do you feed him? He is naked,—do you clothe him? If not, you break your covenant, you drive him back to the first law of nature, and you hang him, not because he is guilty, but because you have left him naked and starving! [A murmur among the mob below, with great difficulty silenced.] One thing only I will add, and that not to move your mercy,—no, nor to invest my fate with an idle and momentary interest,—but because there are some persons in this world who have not known me as the criminal who stands before you, and whom the tidings of my fate may hereafter reach; and I would not have those persons view me in blacker colours than I deserve. Among all the rumours, gentlemen, that have reached you, through all the tales and fables kindled from my unhappy notoriety and my approaching doom, I put it to you, if you have heard that I have committed one sanguinary action or one ruinous and deliberate fraud. You have heard that I have lived by the plunder of the rich,—I do not deny the charge. From the grinding of the poor, the habitual overreaching, or the systematic pilfering of my neighbours, my conscience is as free as it is from the charge of cruelty and bloodshed. Those errors I leave to honest mediocrity or virtuous exertion! You may perhaps find, too, that my life has not passed through a career of outrage without scattering some few benefits on the road. In destroying me, it is true that you will have the consolation to think that among the benefits you derive from my sentence will be the salutary encouragement you give to other offenders to offend to the last, degree, and to divest outrage of no single aggravation! But if this does not seem to you any very powerful inducement, you may pause before you cut off from all amendment a man who seems neither wholly hardened nor utterly beyond atonement. My lord, my counsel would have wished to summon witnesses,—some to bear testimony to redeeming points in my own character, others to invalidate the oath of the witness against me,—a man whom I saved from destruction in order that he might destroy me. I do not think either necessary. The public Press has already said of me what little good does not shock the truth; and had I not possessed something of those qualities which society does not disesteem, you would not have beheld me here at this hour! If I had saved myself as well as my companions, I should have left this country, perhaps forever, and commenced a very different career abroad. I committed offences; I eluded you; I committed what, in my case, was an act of duty: I am seized, and I perish. But the weakness of my body destroys me, not the strength of your malice. Had I” (and as the prisoner spake, the haughty and rapid motion, the enlarging of the form, produced by the passion of the moment, made impressively conspicuous to all the remarkable power of his frame),—“had I but my wonted health, my wonted command over these limbs and these veins, I would have asked no friend, no ally, to favour my escape. I tell you, engines and guardians of the law, that I would have mocked your chains and defied your walls, as ye know that I have mocked and defied them before. But my blood creeps now only in drops through its courses; and the heart that I had of old stirs feebly and heavily within me.” The prisoner paused a moment, and resumed in an altered tone: “Leaving, then, my own character to the ordeal of report, I cannot perhaps do better than leave to the same criterion that of the witness against me. I will candidly own that under other circumstances it might have been otherwise. I will candidly avow that I might have then used such means as your law awards me to procure an acquittal and to prolong my existence,—though in a new scene; as it is, what matters the cause in which I receive my sentence? Nay, it is even better to suffer by the first than to linger to the last. It is some consolation not again to stand where I now stand; to go through the humbling solemnities which I have this day endured; to see the smile of some, and retort the frown of others; to wrestle with the anxiety of the heart, and to depend on the caprice of the excited nerves. It is something to feel one part of the drama of disgrace is over, and that I may wait unmolested in my den until, for one time only, I am again the butt of the unthinking and the monster of the crowd. My lord, I have now done! To you, whom the law deems the prisoner's counsel,—to you, gentlemen of the jury, to whom it has delegated his fate,—I leave the chances of my life.”

The prisoner ceased; but the same heavy silence which, save when broken by one solitary murmur, had lain over the court during his speech, still continued even for several moments after that deep and firm voice had died on the ear. So different had been the defence of the prisoner from that which had been expected; so assuredly did the more hackneyed part of the audience, even as he had proceeded, imagine that by some artful turn he would at length wind into the usual courses of defence,—that when his unfaltering and almost stern accents paused, men were not prepared to feel that his speech was finished, and the pause involuntarily jarred on them as untimeous and abrupt. At length, when each of the audience slowly awoke to the conviction that the prisoner had indeed concluded his harangue, a movement, eloquent of feelings released from a suspense, which had been perhaps the more earnest and the more blended with awe, from the boldness and novelty of the words on which it hung, circled round the court. The jurors looked confusedly at each other, but not one of them spoke, even by a whisper; their feelings, which had been aroused by the speech of the prisoner, had not from its shortness, its singularity, and the haughty impolicy of its tone, been so far guided by its course as to settle into any state of mind clearly favourable to him, or the reverse; so that each man waited for his neighbour to speak first, in order that he might find, as it were, in another, a kind of clew to the indistinct and excited feelings which wanted utterance in himself.