“Effects!” said Mrs. Saddletree, “what effects has the puir wean?—he was in rags when his mother died; and the blue polonie that Effie made for him out of an auld mantle of my ain, was the first decent dress the bairn ever had on. Poor Effie! can ye tell me now really, wi’ a’ your law, will her life be in danger, Mr. Saddletree, when they arena able to prove that ever there was a bairn ava?”
“Whoy,” said Mr. Saddletree, delighted at having for once in his life seen his wife’s attention arrested by a topic of legal discussion—“Whoy, there are two sorts of murdrum or murdragium, or what you populariter et vulgariser call murther. I mean there are many sorts; for there’s your murthrum per vigilias et insidias, and your murthrum under trust.”
“I am sure,” replied his moiety, “that murther by trust is the way that the gentry murther us merchants, and whiles make us shut the booth up—but that has naething to do wi’ Effie’s misfortune.”
“The case of Effie (or Euphemia) Deans,” resumed Saddletree, “is one of those cases of murder presumptive, that is, a murder of the law’s inferring or construction, being derived from certain indicia or grounds of suspicion.”
“So that,” said the good woman, “unless poor Effie has communicated her situation, she’ll be hanged by the neck, if the bairn was still-born, or if it be alive at this moment?”
“Assuredly,” said Saddletree, “it being a statute made by our Sovereign Lord and Lady, to prevent the horrid delict of bringing forth children in secret—The crime is rather a favourite of the law, this species of murther being one of its ain creation.”
“Then, if the law makes murders,” said Mrs. Saddletree, “the law should be hanged for them; or if they wad hang a lawyer instead, the country wad find nae faut.”
A summons to their frugal dinner interrupted the farther progress of the conversation, which was otherwise like to take a turn much less favourable to the science of jurisprudence and its professors, than Mr. Bartoline Saddletree, the fond admirer of both, had at its opening anticipated.