The counsel justly alleged the hardship to the client, if thus liable to new allegations and suggestions, for which he came unprepared, from a reliance that those publicly given were all against which he need arm himself, and that, if those were disproved, he was cleared; while the desultory and shifting charges of the managers put him out in every method of defence, by making it impossible to him to discern where he might be attacked.
In the course of this debate I observed Mr. Windham so agitated and so deeply attentive, that it prepared me for what soon followed: he mounted the rostrum-for the third time only since this trial commenced. His speech was only to a point Of law respecting evidence he kept close to his subject, with a clearness and perspicuity very uncommon indeed amongst these orators. His voice, however, is greatly in his disfavour; for he forces it so violently, either from earnestness or a fear of not being heard, that, though it answered the purpose of giving the most perfect distinctness to what he uttered, its sound had an unpleasing and crude quality that amazed and disappointed me. The command of his language and fluency of his delivery, joined to the compact style of his reasoning and conciseness of his arguments, were all that could answer my expectations: but his manner—whether from energy or secret terror—lost all its grace, and by no means seemed to belong to the elegant and high-bred character that had just quitted me.
In brief,—how it may happen I know not,—but he certainly does not do justice to his own powers and talents in public. He was excessively agitated: when he had done and dismounted, I saw his pale face of the most fiery red. Yet he had uttered nothing in a passion. It must have been simply from internal effort.
The counsel answered him, and he mounted to reply. Here, indeed, he did himself honour; his readiness of answer, the vivacity of his objections, and the instantaneous command of all his reasoning faculties, were truly striking. Had what he said not fallen in reply to a speech but that moment made, I must have concluded it the result Of Study, and all harangue learnt by heart. He was heard with the most marked attention.
The second speech, like the first, was wholly upon the laws of evidence, and Mr. Hastings was not named in either. He is certainly practising against his great day. And, in truth, I hold still to my fear of it; for, however little his manner in public speaking may keep pace with its promise in private conversation, his matter was tremendously pointed and severe.
The trial of the day concluded by an adjournment to consult upon the evidence in debate, with the judges, in the House of Lords.
Mr. Windham came up to the seats of the Commons in my neighbourhood, but not to me; he spoke to the Misses Francis,—daughters of Mr. Hastings’s worst foe,—and hurried down.
On my return I was called upon to give an account of the trial to their majesties and the princesses, and a formidable business, I assure you, to perform.