"That tribunal of mediation in the first instance, is full of importance; and whatever subsequent proceedings may be taken in a case, I do say, for myself and my fellows, that the decision upon ex-parte evidence requires more circumspection, more care, and more consideration than a verdict delivered after a case had been argued, and after witnesses have been heard on both sides.
"If, my lord, your lordship concedes this point, I will merely say, generally, that when the mind is occupied by any important object, more especially in matters of jurisprudence, it is absolutely necessary that nothing, if possible, should occur to irritate or exacerbate the feelings—all should be calm, and at rest."
Several people turned their eyes towards his lordship, and some smiled.
"No incidental annoyance should be permitted to interpose itself; nothing which could divert the judge from the point to which his intellectual faculties ought to be directed, and to which, my lord, under suitable circumstances, they would as they should naturally converge. But, my lord, we are finite beings—creatures of habit—subject to all the weaknesses of our nature, and liable to be acted upon by impulses almost unaccountable to ourselves. For myself and my fellows, I may, perhaps, hope for a favourable interpretation of our intentions, and a lenient judgment of our conduct. We have, my lord, struggled hard to do our duty, and I hope we have done it serviceably and effectually—conscientiously and faithfully, I am sure we have. But, my lord, we do think it necessary to call your lordship's most serious attention to a fact which is embodied in the presentment I hold in my hand. It is one which occurs to us to be of paramount importance, as far as the tempering of justice with mercy is involved: we have suffered grievously from the existence of the evil to which we point; and although at this time of the year its effects are of course not so heavily felt as in the winter season, we have considered it a duty we owe to this court, to our fellow-countrymen, and, we may say, to every man intimately or remotely connected with the administration of criminal justice, spread as they may be over the whole surface of the globe, to state that the chimney in the grand jury-room smokes so much and so continually, that it is impossible to endure its effects calmly or patiently; and we therefore think it right to bring the matter thus formally before your lordship, and to desire that measures may be taken to abate a nuisance which, by its effects, is calculated to thwart, impede, and even distort the course of justice, and produce evils, the magnitude of which it is scarcely possible to imagine, and certainly not to express."
A buzz of approbation from the gentlemen of the grand jury, who had been undergoing the process of smoke-drying for several days, created a stir in the court, in the midst of which the learned judge awoke; and the lord mayor having whispered into his lordship's wig, his lordship bowed, and the clerk took the parchment.
"Mr. Foreman, and gentlemen of the grand jury," said his lordship, "I am happy to say that your labours for the present are concluded; there are no more bills for your consideration. Your presentment shall be attended to, and I have to acknowledge your great zeal and attention, and to give you thanks for your services:—gentlemen, you are now discharged."
The bows, and scufflings, and cries of "Make way there for the gentlemen of the grand jury, who are coming out of court," were resumed, and the orator and his peers retired, leaving the poor girl at the bar, wondering what had happened, and what could be the reason that the worshipful community with the cat-skin tippets should have interposed themselves in the middle of her pathetic defence, in order to discuss the irritating characteristic of a smoky chimney.
I admit that the pompous oratory of the foreman, the "mons parturiens"—a splendid exhibition, and the "ridiculus mus," which eventually presented itself, were to me treats of no common order, and I regretted that Daly was not with me to participate with me in devouring the grave absurdities which we should have had before us.
The trial of the girl was concluded, and I had no doubt as to her fate, now that I became acquainted with the principle,—she was acquitted, and never shall I forget the effect which this result of her trial produced upon her manners and features. The moment my friend Zig-zag had pronounced the words, "Not guilty," the pathetic expression which had characterised her countenance turned into the most humorous, and having winked her eye at the learned judge, who, poor man, had summed up decidedly against her, she proceeded to place her two hands extended in a right line from the tip of her nose, in the direction of his lordship's seat, after the fashion of what is called "taking a double sight," and then, making a noise which, if not indescribable by imitation, is certainly irreducible to writing, something between that which a hackney-coachman utters to encourage his tired horses, and that which a duck makes when it sees either a ditch or a drake in dry weather, she turned herself suddenly round with the least graceful pirouette I ever saw, leaving one of the hands which she had previously elevated for observation the last part of her person visible.