The dead body of a poor woman was taken from a grave; and with such a seeming recklessness of consequences, that no steps appeared to have been taken to prevent detection, and, I had almost said, less than none to shield public and private feelings from the grossest outrage. Under such circumstances, was it not the duty of the parish officers to search for the body, to re-inter it, and to punish the offenders? Certainly; and had that appeared to have been their only aim,—had they temperately removed the body, and then indicted me (as it was found in my possession) for a misdemeanor,—I should not have thought of changing the venue of the late trial into the adjoining county. But, the desperate proceedings of my prosecutors alarmed me, and induced me to resolve, that I would not be tried by men who seemed actuated by a sort of fury. Nemesis, or some of the destinies of Arimanes, seemed to be employed upon them, and to be working almost as monstrous evils, as when they
“From the dull,—
Do shape out oracles to rule the world.”
I need not inform you, Sir, but I am anxious to explain to the public, that four constables were sent to my house, as if some strong opposition had been expected, or as if there was reason to apprehend murderous proceedings. The body was found, identified, and quietly surrendered, and, I believe, there were no particular marks of violence upon it. I was conducted to the Guildhall, as I supposed to account for my possession of it; and this I was prepared to do. The usual proceedings were gone through with no lack of that awful gravity which suited with the case, and after the ordinary forms. The body lost was found, and that in my possession, so that every thing seemed clear and satisfactory, and one would have thought facts enough had been substantiated as a foundation for future proceedings. But, it occurred to a person present, (evidently in office,) that certain valuable effects, such as gold rings, and crosses of gold and jewellery, together with (it was impossible to say what of) needlework and fine linen, might, very probably, have been interred with this poor woman; and although this brilliant suggestion, I dare say, seemed worth very little to the intelligent bench of Magistrates, (one, two, or three of whom saw it in its true colours, and smiled upon the officious zeal of the officer,) yet as it came from a quarter to which they were accustomed to pay respect, they did not think it right, I suppose, entirely to overlook it. It was replied to the proper question on this important subject, “There is some linen missing,” and although it was, or very well might have been, presumed, from the silence of the witness, that no treasure had been interred with the body, or that it was safe and untouched if it had, yet, (by a majority, I suppose,) it was thought advisable,—and my indignant feelings compel me into seriousness when I relate it,—to send officers a second time to my residence, to search for stolen linen, which must necessarily have been of the most ordinary description and utterly valueless, but upon the finding of which, some absurdly thought, I might be indicted for felony, and thereupon committed to prison. I am acquainted with those, Sir, who hoped for this result; nay, with one in office, who was heard to express a resolution, ready formed, and that before the examination of a single witness, that it should be brought about. I know their names, and may let the public know them too. They are deeply enough implicated already, and let them beware lest fresh exposures tread upon the heels of their precursors. Linen was found and identified, and it was of about twopence value. It is true my very ingenious and able Solicitor, Mr. Brutton, after some difficulty, succeeded in convincing you of the non-existence of any virtual felony, (as was shown by your admitting me to bail upon moderate securities,) yet, could no arguments of Mr. Brutton, or of a few gentlemen who steadily opposed their rancorous proceedings, abate the fury of certain individuals of the Parish of St. David. These persons, catching at the hint profoundly thrown out in the Chamber, instructed counsel, not only to proceed against me for the misdemeanor, (to which, as I had possession of the body sought, I would have pleaded guilty immediately,) but to lay an indictment for felony also,—an indictment, charging me with a disgraceful and heinous offence, which they knew I never did or thought of doing, and which I indignantly throw back on my accusers, one and all, collectively and individually.
Neither need I inform you, Mr. Mayor, who, though yourself a parishioner, are, I am sure, as a magistrate, and a gentleman, strongly opposed to any such malicious proceedings, that parish meetings were called again and again, during divine service, (being considered, I suppose, a part of it,) for the purpose of supporting this double indictment, the expenses of which, it was even proposed to defray by a rate upon the parish! In justice to that parish, however, I am bound to admit, that the proceedings of these meetings, both originated with and were conducted by obscure individuals. Some of the more respectable parishioners were ignorant of the first meeting, till its resolutions were made known to them; resolutions to prosecute me for a felony, which, but for this accident, would never have been adopted. This is evidenced by the opposition with which these gentlemen met all subsequent proceedings: so that I repeat, it is but justice to allow, that, though outvoted continually, the conduct of these gentlemen, in the estimation of the liberal minded, will half redeem the character of the parish. They will be justified by that approval of their exertions which was implied in the conduct of Mr. Justice Park, when he declared that he should be very sorry to try such an indictment, and gave directions to the jury accordingly: and again, by the express declaration of the Court of King’s Bench, through Mr. Justice Bayley. But these gentlemen were outvoted, a subscription was entered upon, and the originators of this unfounded indictment triumphed. But, Sir, was I to be tried by such men for a felony? Tried, I say, because it is more than probable, that some of those who met to prosecute, would have sat as jurors upon the trial; and then, Sir, what could have been effected but a ready-made verdict, and the severest punishments. I confess that I trembled under such an apprehension, and caught with avidity at the remedy proposed by my solicitor, that I should remove the cause into the Court of King’s Bench. The matter being thus carried to London, this indictment for felony was smiled upon as a jest, or spoken of as a mistake, by most persons to whom it was mentioned. In one instance, a mistake indeed, and of some consequence, had very nearly arisen from its unusual nature. A legal gentleman, perceiving that it was a charge of disinterment, and no more expecting an indictment for felony than one for high treason, neglected, for some days, to inform me that it was necessary I should plead to so serious a matter in person. A general exclamation of surprise and merriment attended its relation; except in some persons, who conceived it too serious a piece of malice to be met in any other way than by indignant deprecation. For my own part, I was content: I felt assured of the view which an enlightened judge would take of the subject; that he would overrule so ridiculous a complaint, as that a medical man, of no bad character, had stolen some old rags of a few pence value, for the purpose of using or selling them: and in this intent only, as is manifest to common sense, consists the essence of felony.
Sir, you are acquainted with the judgment of the Court of King’s Bench, as, doubtless, my prosecutors are also. Can I not easily imagine, or rather, may I not positively infer, the poignant chagrin of those personages, upon finding that I had been more leniently dealt with than they had hoped. Will they deny that imprisonment was the doom which their best wishes had assigned me; and will they, after six months’ persecution, pretend, that there was the slightest leniency in their inclinations? Not that I mean to say that my sentence was light: much the contrary. I lament it, not only on my own account, but from a consideration of the baneful effect which it may have upon those numerous and ardent minds, who are either prosecuting, or about to prosecute, their important studies. But, nil desperandum: nothing, Sir, no prejudices, no misguided and self-injuring prosecutors, and (pardon me if I say) no magisterial interference, can check the ardour of anatomical students, any more than bigotry, pride, or timidity, (whichever be the motive of its opponents,) can shut that broad gate, which is opening, and will be opened wide, for the diffusion of universal knowledge. It is cheering to reflect, that in the very teeth of this conviction and sentence, and only a few days subsequent to the latter, when it must have been fresh in mind, and doubtless had been seriously pondered over both by teacher and pupils, Dr. Birkbeck, in a course of Anatomical Lectures which he was then delivering to the Mechanics of London, having arrived at the precise point whereat my difficulties arose, proposed to his class to exhibit to them the muscles upon the recent subject: by which alone, as he explained to them, they can be properly shewn. He referred to the prejudices which prevail against practical Anatomy, and professing an inclination to indulge them, should they be paramount to the general desire of knowledge, he promised, rather than disgust his audience, to continue his course (in a very imperfect manner certainly, but as well as he could) by the aid of plates, diagrams, &c. Dr. B. left it with his large audience to determine the point, when they, with an honourable unanimity and readiness, accepted the offer of the recent subject, with acclamations. The subject was produced in accordance with their good resolutions, and the course has proceeded regularly, not only without disgust, but with that genuine delight which accompanies perfect information. Thus has Dr. Birkbeck accomplished that object in the acquisition of which I should have preceded him, (though in a very humble manner as to the Lecturer, yet with the proud and pleasing advantage of addressing professional, literary and scientific men with regard to the audience) but for Yarde’s direct disobedience to very plain and positive orders. Dr. B. is a champion of science and education, but not such only; he is a true and an enlightened patriot. He is teaching his countrymen “the task of greatness,” as well as “the path of honour;” and, what is perhaps of more moment than either, he is teaching them to be happy. “Hæc studia adolescentiam alunt, senectutem oblectant, secundas res ornant, adversis perfugium ac solatium præbent, delectant domi, non impediunt foris, pernoctant nobiscum, peregrinantur, rusticantur. Quod si ipsi hæc neque attingere, neque sensu nostro gustare possemus, tamen ea mirari deberemus, etiam cùm in aliis videremus.”—Cicero.
So much for the prosecution: and having been acquitted as a matter of course, of the obnoxious part of the charge, by a jury of common sense, as I have ever been by those who can appreciate the motives of a student of science and the feelings of a gentleman, as well as at that bar, which is to every man of honour as tangible and as terrible as that of any Guildhall in Europe, the bar of my own conscience; having, I say, passed unhurt through that ordeal which my prosecutors presented to me, and through that which they ought sometimes to impose upon themselves, (on Sundays at least,) I can but say in return, that I am equally obliged to those who followed up, and those who suggested, that unique indictment. I regret only, that all its details were not cited in open court, in order that the deep malignancy, and the entire impotency of the originators might have appeared in ludicrous opposition, face to face; and that my own name, of so small consequence as it is, per se, might have borrowed a moment’s lustre from its proximity to so black a foil. “Let them digest the venom of their spleen,” and beware, lest some harsh-sounding truth teller apply to them the lines of the Satirist,
“Compound for sins they are inclin’d to,
By damning those they have no mind to.”
They will smile at these remarks because they are unsupported by any authority. But these gentry may receive a graver and heavier rebuke; such as, from its eminent and official source, shall convincingly teach them, that to conspire against the future prospects of any man, by raking up a groundless charge of felony against him, when his character is untainted, and his pursuits even in the imputed felony are useful and honourable, is in itself so very contemptible, and yet so heinous an offence against common society, as to require a direct rebuke from the Chief Magistrate, and to deserve that severe punishment which would follow an action at law. Give me leave, Sir, to request (if, indeed, in acknowledging your authority, I am not rightly entitled to demand) that you will, at some convenient opportunity, signify to my prosecutors, (whose legal superior and whose fellow-parishioner you are) your strong sense of the impropriety of their conduct. You cannot be in error, for you are preceded by the voice of Mr. Justice Park, and by that of the Court of King’s Bench, and you will be echoed by the loud and equitable cry of the public in general. Pardon me, Sir, if I press my solicitation upon this point, as firmly as courtesy will allow me; probably, however, it needs only to be mentioned.—As a man you will be indignant at such shameful proceedings, and as a magistrate you will feel it your duty to reprove them.