“Aliquando bonus dormitat Homerus,” is allowed on all hands. Virgil made Dido and AEneas contemporary, though they were not so; and Shakspeare, by the creative power of his genius, changed an inland town into a seaport. Come, come, have bowels. Let epic swearing be treated with the same courtesy shown to epic poetry, that is, if both are the production of a rare genius. I maintain, that when Paddy commits a blemish he is too harshly admonished for it. When he soars out of sight here, as occasionally happens, does he not frequently alight somewhere about Sydney Bay, much against his own inclination? And if he puts forth a hasty production, is he not compelled, for the space of seven or fourteen years, to revise his oath? But, indeed, few words of fiction are properly encouraged in Ireland.
It would be unpardonable in us, however, to overlook the beneficial effects of Paddy's peculiar genius in swearing alibis. Some persons, who display their own egregious ignorance of morality, may be disposed to think that it tends to lessen the obligation of an oath, by inducing a habit among the people of swearing to what is not true. We look upon such persons as very dangerous to Ireland and to the repeal of the Union; and we request them not to push their principles too far in the disturbed parts of the country. Could society hold together a single day, if nothing but truth were spoken, would not law and lawyers soon become obsolete, if nothing but truth were sworn what would become of parliament if truth alone were uttered there? Its annual proceedings might be dispatched in a month. Fiction is the basis of society, the bond of commercial prosperity, the channel of communication between nation and nation, and not unfrequently the interpreter between a man and his own conscience.
For these, and many other reasons which we could adduce, we say with Paddy, “Long life to fiction!” When associated with swearing, it shines in its brightest colors. What, for instance, is calculated to produce the best and purest of the moral virtues so beautifully, as the swearing an alibi? Here are fortitude and a love of freedom resisting oppression; for it is well known that all law is oppression in Ireland.
There is compassion for the peculiar state of the poor boy, who, perhaps, only burned a family in their beds; benevolence to prompt the generous effort in his behalf; disinterestedness to run the risk of becoming an involuntary absentee; fortitude in encountering a host of brazen-faced lawyers; patience under the unsparing gripe of a cross-examiner; perseverance in conducting the oath to its close against a host of difficulties; and friendship, which bottoms and crowns them all.
Paddy's merits, however, touching the alibi, rest not here. Fiction on these occasions only teaches him how to perform a duty. It may be, that he is under the obligation of a previous oath not to give evidence against certain of his friends and associates. Now, could anything in the whole circle of religion or ethics be conceived that renders the epic style of swearing so incumbent upon Paddy? There is a kind of moral fitness in all things; for where the necessity of invention exists, it is consolatory to reflect that the ability to invent is bestowed along with it.
Next to the alibi comes Paddy's powers in sustaining a cross-examination. Many person thinks that this is his forte; but we cannot yield to such an opinion, nor compromise his originality of conception in the scope and plan of an alibi. It is marked by a minuteness of touch, and a peculiarity of expression which give it every appearance of real life. The circumstances are so well imagined, the groups so naturally disposed, the coloring so finished, and the background in such fine perspective, that the whole picture presents you with such keeping and vraisemblance, as could be accomplished only by the genius of a master.
In point of interest, however, we must admit that his ability in a cross-examination ranks next to his skill in planning an alibi. There is, in the former, a versatility of talent that keeps him always ready; a happiness of retort, generally disastrous to the wit of the most established cross-examiner; an apparent simplicity, which is quite as impenetrable as the lawyer's assurance; a vis comica, which puts the court in tears; and an originality of sorrow, that often convulses it with laughter. His resources, when he is pressed, are inexhaustible; and the address, with which he contrives to gain time, that he may suit his reply to the object of his evidence, is beyond all praise. And yet his appearance when he mounts the table is anything but prepossessing; a sheepish look, and a loose-jointed frame of body, wrapped in a frieze great-coat, do not promise much. Nay, there is often a rueful blank expression in his visage, which might lead a stranger to anticipate nothing but blunders and dulness. This, however, is hypocrisy of the first water. Just observe the tact with which he places his caubeen upon the table, his kippeen across it, and the experienced air with which he pulls up the waistbands of his breeches, absolutely girding his loins for battle. 'Tis true his blue eye has at present nothing remarkable in it, except a drop or to of the native; but that is not remarkable.
When the direct examination has been concluded, nothing can be finer than the simplicity with which he turns round to the lawyer who is to cross-examine him. Yet, as if conscious that firmness and caution are his main guards, he again pulls up his waistbands with a more vigorous hitch, looks shyly into the very eyes of his opponent, and awaits the first blow.