Blackwoods Edinburgh Magazine | Page 6

depositions could not be shaken. I waited with anxiety and great irritability for the sentence which should remove the prisoner from the bar. The earth seemed polluted as long as he breathed upon it; he could not be too quickly withdrawn, and hidden for ever in the grave. The case for the prosecution being closed, a young barrister arose, and there was a perfect stillness in the court. My curiosity to know what this gentleman could possibly urge on behalf of his client was extreme. To me "the probation bore no hinge, nor loop to ban a doubt on." But the smoothfaced counsellor, whose modesty had no reference to his years, seemed in no way burdened by the weight of his responsibility, nor to view his position as one of difficulty and risk. He stood, cool and erect, in the silence of the assembly, and with a self-satisfied smile he proceeded to address the judge. Yes, he laughed, and he had heard that heart-breaking recital; and the life of the man for whom he pleaded was hardly worth a pin's fee. The words of the poet rushed involuntarily to my mind. "Heaven!" I mentally exclaimed, "_Has this fellow no feeling of his business--he sings at grave-making_!" He made no allusion to the evidence which had been adduced, but he spoke of INFORMALITY. I trembled with alarm and anger. I had often heard and read of justice defeated by such a trick of trade; but I prayed that such dishonour and public shame might not await her now. Informality! Surely we had heard of the cold-blooded cruelty, the slow and exquisite torture, the final deathblow; there was no informality in these; the man had not denied his guilt, his defender did not seek to palliate it. Away with the juggle, it cannot avail you here! But in spite of my feverish security, the shrewd lawyer--well might he smile and chuckle at his skill--proceeded calmly to assert the prisoner's right to his immediate _discharge! There was a flaw in the declaration, and the indictment was invalid_. And thus he proved it. The man was charged with murdering his child--described as his, and bearing his own name. Now, the deceased was illegitimate, and should have borne its mother's name. He appealed to his lordship on the bench, and demanded for his client the benefit which law allowed him. You might have heard the faintest whisper in the court, so suspended and so kept back was every drop of human breath, whilst every eye was fixed upon the judge. The latter spoke. "_The exception was conclusive; the prisoner must be discharged_." I could not conceive it possible. What were truth, equity, morality--Nothing? And was murder _innocence_, if a quibble made it so? The jailer approached the monster, and whispered into his ear that he was now at liberty. He held down his head stupidly to receive the words, and he drew it back again, incredulous and astounded. Oh, what a secret he had learned for future government and conduct! What a friend and abettor, in his fight against mankind, had he found in the law of his land! I was maddened when I saw him depart from the well-secured bar in which he had been placed for trial. There he had looked the thing he was--a tiger caught, and fastened in his den. Could it do less than chill the blood, and make the heart grow sick and faint, to see the bolts drawn back--the monster loosed again, and turned unchained, untamed, fiercer than ever, into life again? Legislators, be merciful to humanity, and cease to embolden and incite these beasts of prey! Melancholy as the above recital is, it is to be considered rather as an episode in this narration, than as the proper subject of it. Had my morning's adventure finished with this disgraceful acquittal, the reader would not have been troubled with the perusal of these pages. My vexation would have been confined to my own breast, and I should have nourished my discontent in silence. The scene which immediately followed the dismissal of the murderer, is that to which I have chiefly to beg attention. It led to an acquaintance, for which I was unprepared--enabled me to do an act of charity, for which I shall ever thank God who gave me the power--and disclosed a character and a history to which the intelligent and kind-hearted may well afford the tribute of their sympathy. It was by way of contrast and relief, I presume, that the authorities had contrived that the next trial should hardly call upon the time and trouble of the court. It was a case, in fact, which ought to have been months before summarily disposed of by the committing magistrate, and one of those too frequently