MR. WINDHAM SPEAKS ON A LEGAL POINT.
Mr. Windham took his seat by my elbow, and renewed one of his old style of conversations about the trial; each of us firmly maintaining our original ground. I believe he has now relinquished his expectation of making me a convert. He surprised me soon by saying, “I begin to fear, after all, that what you have been talking about to me will come to pass.”
I found he meant his own speaking upon a new charge, which, when I last saw him, he exultingly told me was given up. He explained the apparent inconsistency by telling me that some new change of plan had taken place, and that Mr. Burke was extremely urgent with him to open the next charge: “And I cannot,” he cried emphatically, “leave Burke in the lurch!” I both believed and applauded him so far; but why are either of them engaged in a prosecution so uncoloured by necessity?
One chance he had still of escaping this tremendous task, he told me, which was that it might devolve upon Grey but Burke, he did not disavow, wished it to be himself. “However,” he laughingly added, “I think we may toss up. In that case, how I wish he may lose! not only from believing him the abler enemy, but to reserve his name from amongst the active list in such a cause.”
He bewailed,—with an arch look that showed his consciousness I should like the lamentation,—that he was now all unprepared,—all fresh to begin in documents and materials, the charge being wholly new and unexpected, and that which he had considered relinquished.
“I am glad, however,” cried I, “your original charge is given up; for I well remember what you said of it.”
“I might be flattered,” cried he, “and enough, that you should remember anything I say—did I not know it was only for the sake of its subject,”—looking down upon Mr. Hastings.
I could not possibly deny this but added that I recollected he had acknowledged his charge was to prove Mr. Hastings mean, pitiful, little, and fraudulent.
The trial this day consisted almost wholly in dispute upon evidence the managers offered such as the counsel held improper, and the judges and lords at last adjourned to debate the matter in their own chamber. Mr. Burke made a very fine speech upon the rights of the prosecutor to bring forward his accusation, for the benefit of justice, in such mode as appeared most consonant to his own reason and the nature of things, according to their varying appearances as fresh and fresh matter Occurred.