Lo, my answer!—You have heard the whole of our case. You have heard all the witnesses for the crown; you have gathered all the proof. Now ... bear with me, judges ... bear with me ... what I say is a matter of life and death ... we have no witnesses ... we have not put the character of Martha in issue ... all that you know of her, you know from your witnesses, and they have not said a syllable touching her character. Now ... fathers! and judges!... I ask you if that proof, take it altogether, would be enough in your estimation, to prove ... I beg you to hear me ... would it be enough to convict any one of your number, if he had no witness to speak for him?... Ye are astounded! Ye know not how to reply, nor how to escape; for ye know in your own souls that such proof ... such proof and no more, would not be enough to convict any one of you in the opinion of the other six.

Well Sir——what then?

Why then Sir ... then ye Judges—if that poor old woman before you—if she be not on trial for character—on trial for that which has not been charged to her ... by what you have now said, she is free. Stand up, on your feet Martha! stand up and rejoice! By what ye have now said, ye judges, that poor old woman hath leave to go free!

The judges were mute with surprise, and the lawyer started upon his feet and clapped Burroughs on the back, and stood rubbing his hands at the Attorney-general and making mouths at the jury—Capital! ... Capital! ... never saw the like, faith—never, never ... never thought of such a view myself ... but I say though (in a whisper) you did begin to put her character in issue—tut—tut—yes you did, you rogue you ... say nothin’—tut—tut—

Say nothing Sir!—excuse me. If I have said that which is not true, I shall unsay it—

Pooh, pooh ... your argument’s all the same, and besides, you did not go far enough to make Jerry Smith your witness ... pooh, pooh—what a fool you are—

But the judges recovered their self-possession, and laid their heads together and asked Burroughs if he had anything more to say.

More to say—yes—much more—enough to keep you employed for the rest of your lives, ye hard-hearted inaccessible men! What—are ye so bent upon mischief! Will ye not suffer that aged woman to escape the snare! Ye carry me back all at once to the spot of which I spoke. Ye drive me to the parable again. I saw the judges behave to their prisoner as I now see you behave to yours; and I would have cried out there as I do here, with a loud voice.... Are ye indeed the counsel for the prisoner!—Why do ye not behave as other counsel do? But when I looked up and beheld their faces, and about me, and beheld the faces of the multitude, my courage was gone—I had no hope—my heart died away within me. They were as mute as you are—and their look was your look—a look of death. But where, said I, is the advocate for the prisoner? why does he not appear? He has none, was the reply. What, no advocate, no help—there is a provision of your law which enables the very pauper to sue.... I have heard so, and surely he is not so very poor, the man I see at the bar; why do not the counsel that I see there unoccupied—why do they not offer to help him? They are not paid Sir. Do they require pay before they will put forth a hand to save a fellow-creature from death? Of course. But why do not the court assign counsel to him?—The reply there was the reply that you have heard here this day. The accused have no counsel in a matter of life and death ... it is only by courtesy that counsel are permitted even to address the court on a point of law, when they are employed by a prisoner.

But why do I urge all this? Are not we, and were not they, living in a land of mercy, a land remarkable for the humanity of her laws? Do not mistake me, fathers! I would not that the guilty should escape.... I have no such desire. But I would have the innocent safe, and I would have the guilty, yea the guiltiest in every case and everywhere, punished according to law. To know that a man has committed murder is not enough to justify you in taking his life—to see him do the deed with your own eyes, would not be enough to justify you in putting him to death—wherefore it is that however certain the guilt of the accused, and however great his crime, he should have counsel....

Absurd!—