"Culprit I am none, but only accused. I will be tried by God and my country."
"God send thee a good deliverance."
Mr. Whitworth, the junior counsel for the crown, then rose to open the case; but the prisoner, with a pale face, but most courteous demeanor, begged his leave to make a previous motion to the court. Mr. Whitworth bowed, and sat down. "My Lord," said she, "I have first a favor to ask; and that favor, methinks, you will grant, since it is but justice, impartial justice. My accuser, I hear, has two counsel; both learned and able. I am but a woman, and no match for their skill Therefore I beg your Lordship to allow me counsel on my defence, to matter of fact as well as of law. I know this is not usual; but it is just, and I am informed it has sometimes been granted in trials of life and death, and that your Lordship hath the power, if you have the will, to do me so much justice."
The Judge looked towards Mr. Serjeant Wiltshire, who was the leader on the other side. He rose instantly and replied to this purpose: "The prisoner is misinformed. The truth is, that from time immemorial, and down to the other day, a person indicted for a capital offence was never allowed counsel at all, except to matters of law, and these must be started by himself. By recent practice the rule hath been so far relaxed that counsel have sometimes been permitted to examine and cross-examine witnesses for a prisoner; but never to make observations on the evidence, nor to draw inferences from it to the point in issue."
Mrs. Gaunt. So, then, if I be sued for a small sum of money, I may have skilled orators to defend me against their like. But if I be sued for my life and honor, I may not oppose skill to skill, but must stand here a child against you that are masters. 'Tis a monstrous iniquity, and you yourself, sir, will not deny it.
Serjeant Wiltshire. Madam, permit me. Whether it be a hardship to deny full counsel to prisoners in criminal cases, I shall not pretend to say; but if it be, 'tis a hardship of the law's making, and not of mine nor of my lord's; and none have suffered by it (at least in our day) but those who had broken the law.
The Serjeant then stopped a minute, and whispered with his junior. After which he turned to the Judge. "My Lord, we that are of counsel for the crown desire to do nothing that is hard where a person's life is at stake. We yield to the prisoner any indulgence for which your Lordship can find a precedent in your reading; but no more: and so we leave the matter to you."
The Clerk of Arraigns. Crier, proclaim silence.
The Crier. Oyez! Oyez! Oyez! His Majesty's Justices do strictly charge all manner of persons to keep silence, on pain of imprisonment.
The Judge. Prisoner, what my Brother Wiltshire says, the law is clear in. There is no precedent for what you ask, and the contrary practice stares us in the face for centuries. What seems to you a partial practice, and, to be frank, some learned persons are of your mind, must be set against this,—that in capital cases the burden of proof lies on the crown, and not on the accused. Also it is my duty to give you all the assistance I can, and that I shall do. Thus then it is: you can be allowed counsel to examine your own witnesses, and cross-examine the witnesses for the crown, and speak to points of law, to be started by yourself,—but no further.