"Much could I say in the name, not of mercy, but of justice, why the sentence about to be passed on me should not be pronounced; but nothing, alas! that will avail me with you, pride-blinded ministers of death. You fashion to yourselves—out of your own vain conceits do you fashion—modes and instruments, by the aid of which you fondly imagine to invest yourselves with attributes which belong only to Omniscience; and now I warn you—and it is a voice from the tomb, in whose shadow I already stand, which addresses you—that you are about to commit a most cruel and deliberate murder."
He paused, and the jury looked into each other's eyes for the courage they could not find in their own hearts. The voice of conscience spoke, but was only for a few moments audible. The suggestions that what grave parliaments, learned judges, and all classes of "respectability" sanctioned, could not be wrong, much less murderous or cruel, silenced the "still, small" tones, and tranquilized the startled jurors.
"Prisoner at the bar," said the judge with his cold, calm voice of destiny, "I cannot listen to such observations: you have been found guilty of a heinous offence by a jury of your countrymen after a patient trial. With that finding I need scarcely say I entirely agree. I am as satisfied of your guilt as if I had seen you commit the act with my own bodily eyes. The circumstance of your being a person who, from habits and education, should have been above committing so base a crime, only aggravates your guilt. However, no matter who or what you have been, you must expiate your offence on the scaffold. The law has very properly, for the safety of society, decreed the punishment of death for such crimes: our only and plain duty is to execute that law."
The prisoner did not reply: he was leaning with his elbows on the front of the dock, his bowed face covered with his outspread hands; and the judge passed sentence of death in the accustomed form. The court then rose, and a turnkey placed his hand upon the prisoner's arm, to lead him away. Suddenly he uncovered his face, drew himself up to his full height—he was a remarkably tall man—and glared fiercely round upon the audience, like a wild animal at bay. "My lord," he cried, or rather shouted, in an excited voice. The judge motioned impatiently to the jailor, and strong hands impelled the prisoner from the front of the dock. Bursting from them, he again sprang forward, and his arms outstretched, whilst his glittering eye seemed to hold the judge spell-bound, exclaimed, "My lord, before another month has passed away, you will appear at the bar of another world, to answer for the life, the innocent life, which God bestowed upon me, but which you have impiously cast away as a thing of naught and scorn!" He ceased, and was at once borne off. The court, in some confusion, hastily departed. It was thought at the time that the judge's evidently failing health had suggested the prophecy to the prisoner. It only excited a few days' wonder, and was forgotten.
The position of a barrister in such circumstances is always painful. I need hardly say that my own feelings were of a very distressing kind. Conscious that if the unfortunate man really was guilty, he was at least not deserving of capital punishment, I exerted myself to procure a reprieve. In the first place I waited privately on the judge; but he would listen to no proposal for a respite. Along with a number of individuals—chiefly of the Society of Friends—I petitioned the crown for a commutation of the sentence. But being unaccompanied with a recommendation from the judge, the prayer of our petition was of course disregarded: the law, it was said, must take its course. How much cruelty has been exercised under shelter of that remorseless expression!
I would willingly pass over the succeeding events. Unable to save his life, I endeavored to soothe the few remaining hours of the doomed convict, and frequently visited him in the condemned cell. The more I saw of him, the deeper grew my sympathy in his case, which was that of no vulgar felon. "I have been a most unfortunate man," said he one day to me. "A destiny towards ruin in fortune and in life has pursued me. I feel as if deserted by God and man; yet I know, or at least would persuade myself, that Heaven will one day vindicate my innocence of this foul charge. To think of being hanged like a dog for a crime at which my soul revolts! Great is the crime of those imbecile jurors and that false and hard-hearted judge, who thus, by an irreversible decree, consign a fellow-mortal to a death of violence and disgrace. Oh God, help me—help me to sustain that bitter, bitter hour!" And then the poor man would throw himself on his bed and weep.
But the parting with his wife and children. What pen can describe that terrible interview! They knelt in prayer, their wobegone countenances suffused in tears, and with hands clasped convulsively together. The scene was too harrowing and sacred for the eye of a stranger. I rushed from the cell, and buried myself in my lodgings, whence I did not remove till all was over. Next day James Harvey, a victim of circumstantial evidence, and of a barbarous criminal code, perished on the scaffold.
Three weeks afterwards, the court arrived at a populous city in the west of England. It had in the interval visited another assize town, and there Judge A —— had left three for execution. At the trials of these men, however, I had not attended. So shocked had been my feelings with the mournful event which had taken place at ———, that I had gone into Wales for the sake of change of scene. After roaming about for a fortnight amidst the wild solitudes of Caernarvonshire, I took the stage for the city which I knew the court was to visit, and arrived on the day previous to the opening of the assizes.
"Well, are we to have a heavy calendar?" I inquired next morning of a brother barrister on entering the court.
"Rather light for a March assize," replied the impatient counsel as he bustled onward. "There's Cartwright's case—highway robbery—in which I am for the prosecution. He'll swing for it, and perhaps four or five others."