is said to be a striking likeness of a living wight—a cobbler near Maybole; not that this individual sat for his portraiture, but that the artist appears to have wrought from the reminiscences of two interviews with which he was favored, after twice travelling 'some lang Scotch miles,' in order to persuade the said "souter" to transfer his body, by means of his pair of soles, from his own to the artist's studio. The bribe of two guineas a-week, exclusive of "half-mutchkins withouten score," proved, however, unavailing, and the cobbler remained firm to the last. By this refusal, "the birkie" has only become poorer by the said couple of guineas, and certain "half-mutchkins drouthier," for so true has the eye of the sculptor proved, that every one is said instantly to recognise the cobbler's phiz and person. A strange perverseness, indeed, or fatality, or what you will, seems to have seized upon all the favored few selected as fitting archetypes for these admirable figures. For, Tam's "nether man" occasioning some anxiety in the perfecting of its sturdy symmetry, a carter, we believe, was laid hold of, and the gamashins, being pulled on for half-an-hour, Tam's right leg was finished in rivalship of the said gentleman's supporter. It appears to have been agreed upon that he should return at a fitting opportunity, having thus left Tam "hirpling:" but, in the interval, the story of the sitting unfortunately taking air, and the soubriquet of "Tam o' Shanter" threatening to attach to the lawful and Christian appellations of the man of carts, no inducement could again bring him within the unhallowed precincts of our sculptor's work-room. In like manner, though at a somewhat later period, while the artist was engaged upon the figure of the landlady, no persuasion could prevail upon one of the many "bonny lasses" who have given such celebrity to Ayr, to exhibit even the "fitting of their pearlings" to Mr. Thom's gaze. One sonsy damsel, on being hard pressed to grant a sitting, replied, "Na, na, I've nae mind to be nickinamed 'landlady;' and, as for gudewife, twa speerings maun gang to that name."
It will, doubtless, excite the admiration of every one in the slightest degree conversant with the Arts, that these figures, so full of life, ease and character, were thus actually executed without model, or drawing, or palpable archetype whatsoever. The artist, indeed, knows nothing of modelling; and so little of drawing, that we question if he would not find difficulty in making even a tolerable sketch of his own work. The chisel is his modelling tool—his pencil—the only instrument of his art, in short, with which he is acquainted, but which he handles in a manner, we may say, almost unprecedented in the history of sculpture.—This, however, is the minor part; for we think, nay, are sure, we discover in this dexterity of hand, in this unerring precision of eye, in this strong, though still untutored, conception of form and character—the native elements of the highest art. These primodial attributes of genius, by proper culture, may do honor to the country and to their possessor. At all events, instruction will refine and improve attempts in the present walk of art, even should study be unable to elevate attainment to a higher. Now, however, it would be not only premature, but unjust, to criticise these statues as regular labors of sculpture. They are to be regarded as wonderful, nay, almost miraculous, efforts of native, unaided, unlearned talent—as an approach to truth almost in spite of nature and of science; but they do not hold with respect to legitimate sculpture—the high-souled, the noblest, the severest of all arts—the same rank as, in painting, the works of the Dutch masters do as compared with the lofty spirits of the Romans—precisely for this reason, that while similar subjects are not only fit, but often felicitous, subjects for the pencil, they are altogether improper objects of sculptural representation.
Though, from the circumstance of being the principals in the composition, and from the intrinsic excellence of their conception, these two figures have chiefly occupied the public attention, they ought not to induce forgetfulness of the artist's other labors. These, besides the Landlord and his mate, consist of several1 copies, in various sizes, of this original group, and of numerous sculptures, of different character and purpose, from a "head-stane" upwards, executed by Mr. Thom, since his residence in Ayr as a professional stone-cutter. Here his studio is the resort of all intelligent strangers who visit this ancient and beautiful burgh; while his modest manners, and moral worth have conciliated the respect of every one. The character of the Landlady is well sustained, as the buxom bustling head of a well frequented "change-house." Her lord and master, on the other hand, is represented as one who has little to say in his own house, and better qualified to drink, than to earn his pint. The former seems by no means disinclined to reciprocate glances with Tam; while the latter is so convulsed with laughter at the Souter's stories, as to be hardly capable of maintaining the equipoise of the foaming tankard in his hand. Neither, however, is equal in graphic truth and humor to their two companions. A more gigantic, but by no means so happy a work, is the statue of the Scottish patriot, lately placed in the niche of the New Tower, just erected in Ayr, on the site of the ancient "Wallace Tower" of Burns. In fact, we regard this figure as nearly a failure. It possesses neither the truth of nature, nor the dignity of ideal representation. Omitting others of less moment, we shall pass to the most perfect of all Mr. Thom's works—the figure of "Old Mortality." This, though only a model, and not yet, we believe, even commissioned in stone, offers by far the most striking evidence of genius in its author.2 The costume, attitude, and expression of the old man, as he is represented sitting upon a grave-stone, which he has been occupied in cleaning, are most admirable; and perhaps no artist ever more completely realized the exquisite conception of the original mind. The history of this composition supplies a striking instance of the power of genius over spirits of a congenial stamp, and of the singular coincidences which sometimes take place in its manner of conceiving the same sentiment. During a voyage to London, in a Leith steam packet, Mr. Thom one day found in the cabin, Sir Walter's delightful tale of Old Mortality, which he had never read. Taking it up, he quickly became entirely engrossed in the narrative. The description of the old man, to whom posterity is indebted for many a record, else lost, of our single-minded sufferers for conscience' sake—so fixed itself upon the artist's imagination, that he instantly conceived the idea of representing it in sculpture. By way of concentrating his thoughts, he sketched a figure in the imagined attitude, on one of the boards of the book he had been reading. Pleased with his idea, he transferred it to his pocket-book. A few days after his arrival in London, he was introduced to our celebrated countryman, Wilkie, who, with his accustomed kindness, showed him his portfolios. Mr. Thom's surprise may be imagined, when in one of these he found a sketch of Old Mortality, almost identical with his own, executed by Wilkie several years before. The same thought had struck both, and almost in the same manner.
1 There are now five sets; three of which are the size of life, and two, four and twenty inches high. One set is, or is to be deposited at the temple called the tomb of Burns, in Ayrshire.—Another belongs to Lord Cassili. The third is in this country.
2 Since the above has been published, Thom has nearly finished his Old Mortality in a block too small for his conception, and which will oblige him to execute an entirely new figure.
[We extract the following affecting story from the "Western Monthly Magazine." Though written in the form of romantic narrative, it presents one of the strongest cases we recollect to have seen, in which innocence is overborne by powerful but false appearances of guilt. It is certainly a strong illustration of the danger of convicting a fellow creature, upon what is technically called presumptive evidence, a topic upon which the gentlemen of the bar are furnished with as wide a field for the display of professional ingenuity, as upon any other in the whole compass of jurisprudence. That it is often safe, and indispensably necessary however to rely upon such kind of evidence, is so obvious in itself—and so well established as a legal maxim—that the danger of sometimes convicting, upon a train of specious but deceptive circumstances, is less than the evil of acquittal in the absence of positive, conclusive, and infallible testimony.]
CIRCUMSTANTIAL EVIDENCE.
A TALE FOUNDED ON FACT.