Tales from "Blackwood," Volume 6

by Various

"Most solemnly. My whole future happiness—nay, perhaps the life of a human being depends upon it."

"In that case I think I shall tip them an hour."

"Heaven reward you, Fred! I never can forget your kindness!"

"But where shall I see you afterwards?"

"At the hotel. Now, my dear boy, be sure that you pitch it in, and, if possible, get the judge to charge after you. Time's all that's wanted—adieu!" and Tom disappeared in a twinkling.

I had little leisure to turn over the meaning of this interview in my mind, for the address of my learned opponent was very short and pithy. He merely pointed out the clear facts, as substantiated by evidence, and brought home to the unhappy M'Wilkin; and concluded by demanding a verdict on both charges contained in the indictment against the prisoner.

"Do you wish to say anything, sir?" said the judge to me, with a kind of tone which indicated his hope that I was going to say nothing. Doubtless his lordship thought that, as a very young counsel, I would take the hint; but he was considerably mistaken in his man. I came to the bar for practice—I went on the circuit with the solemn determination to speak in every case, however desperate; and it needed not the admonition of Strachan to make me carry my purpose into execution. What did I care about occupying the time of the court? His lordship was paid to listen, and could very well afford to hear the man who was pleading for M'Wilkin without a fee. I must say, however, that he looked somewhat disgusted when I rose.

A first appearance is a nervous thing, but there is nothing like going boldly at your subject. "Fiat experimentum in corpore vili" is a capital maxim in the Justiciary Court. The worse your case, the less chance you have to spoil it; and I never had a worse than M'Wilkin's.

I began by buttering the jury on their evident intelligence and the high functions they had to discharge, which of course were magnified to the skies. I then went slap-dash at the evidence; and, as I could say nothing in favour of my client, directed a tremendous battery of abuse and insinuation against his accuser.

"And who is this Gubbins, gentlemen, that you should believe this most incredible, most atrocious, and most clumsy apocrypha of his? I will tell you. He is an English butcher—a dealer in cattle and in bestial—one of those men who derive their whole subsistence from the profits realised by the sale of our native Scottish produce. This is the way in which our hills are depopulated, and our glens converted into solitudes. It is for him and his confederates—not for us—that our shepherds watch and toil, that our herds and flocks are reared, that the richness of the land is absorbed! And who speaks to the character of this Gubbins? You have heard the pointless remarks made by my learned friend upon the character of my unfortunate client; but he has not dared to adduce in this court one single witness in behalf of the character of his witness. Gentlemen, he durst not do it! Gubbins has deponed to you that he bought those sheep at the fair of Kelso, from a person of the name of Shiells, and that he paid the money for them. Where is the evidence of that? Where is Shiells to tell us whether he actually sold these sheep, or whether, on the contrary, they were not stolen from him? Has it been proved to you, gentlemen, that M'Wilkin is not a friend of Shiells—that he did not receive notice of the theft—that he did not pursue the robber, and, recognising the stolen property by their mark, seize them for the benefit of their owner? No such proof at least has been led upon the part of the crown, and in the absence of it, I ask you fearlessly, whether you can possibly violate your consciences by returning a verdict of guilty? Is it not possible—nay, is it not extremely probable, that Gubbins was the actual thief? Was it not his interest, far more than M'Wilkin's, to abstract those poor unhappy sheep, because it is avowedly his trade to fill the insatiable maw of the Southron? And in that case, who should be at the bar? Gubbins! Gubbins, I say, who this day has the unparalleled audacity to appear before an enlightened Scottish jury, and to give evidence which, in former times, might have led to the awful consequence of the execution of an innocent man! And this is what my learned friend calls evidence! Evidence to condemn a fellow-countryman, gentlemen? No—not to condemn a dog!"