Paul Clifford — Complete
the windows of the vehicle, and stood on tiptoe to catch a view of
the celebrated lawyer. Brandon's face, never long indicative of his
feelings, had now settled into its usual gravity; and the severe
loftiness of his look chilled, while it satisfied, the curiosity of the
vulgar. It had been ordered that no person should be admitted until the
judge had taken his seat on the bench; and this order occasioned so much
delay, owing to the accumulated pressure of the vast and miscellaneous
group, that it was more than half an hour before the court was able to
obtain that decent order suiting the solemnity of the occasion. At five
minutes before ten a universal and indescribable movement announced that
the prisoner was put to the bar. We read in one of the journals of that
day, that “on being put to the bar, the prisoner looked round with a
long and anxious gaze, which at length settled on the judge, and then
dropped, while the prisoner was observed to change countenance slightly.
Lovett was dressed in a plain dark suit; he seemed to be about six feet
high; and though thin and worn, probably from the effect of his wound
and imprisonment, he is remarkably well made, and exhibits the outward
appearance of that great personal strength which he is said to possess,
and which is not unfrequently the characteristic of daring criminals.
His face is handsome and prepossessing, his eyes and hair dark, and his
complexion pale, possibly from the effects of his confinement; there was
a certain sternness in his countenance during the greater part of the
trial. His behaviour was remarkably collected and composed. The prisoner
listened with the greatest attention to the indictment, which the reader
will find in another part of our paper, charging him with the highway
robbery of Lord Mauleverer, on the night of the ------ of ------ last.
He occasionally inclined his body forward, and turned his ear towards
the court; and he was observed, as the jury were sworn, to look steadily
in the face of each. He breathed thick and hard when the various aliases
he had assumed--Howard, Cavendish, Jackson, etc.,--were read; but smiled
with an unaccountable expression when the list was completed, as if
exulting at the varieties of his ingenuity. At twenty-five minutes past
ten Mr. Dyebright, the counsel for the crown, stated the case to the
jury.”
Mr. Dyebright was a lawyer of great eminence; he had been a Whig all
his life, but had latterly become remarkable for his insincerity,
and subservience to the wishes of the higher powers. His talents were
peculiar and effective. If he had little eloquence, he had much power;
and his legal knowledge, was sound and extensive. Many of his brethren
excelled him in display; but no one, like him, possessed the secret of
addressing a jury. Winningly familiar; seemingly candid to a degree that
scarcely did justice to his cause, as if he were in an agony lest he
should persuade you to lean a hair-breadth more on his side of the
case than justice would allow; apparently all made up of good, homely,
virtuous feeling, a disinterested regard for truth, a blunt yet tender
honesty, seasoned with a few amiable fireside prejudices, which always
come home to the hearts of your fathers of families and thorough-bred
Britons; versed in all the niceties of language, and the magic of
names; if he were defending crime, carefully calling it misfortune; if
attacking misfortune, constantly calling it crime,--Mr. Dyebright was
exactly the man born to pervert justice, to tickle jurors, to cozen
truth with a friendly smile, and to obtain a vast reputation as an
excellent advocate. He began with a long preliminary flourish on the
importance of the case. He said that he should with the most scrupulous
delicacy avoid every remark calculated to raise unnecessary prejudice
against the prisoner. He should not allude to his unhappy notoriety, his
associations with the lowest dregs. (Here up jumped the counsel for the
prisoner, and Mr. Dyebright was called to order.) “God knows,” resumed
the learned gentleman, looking wistfully at the jury, “that my learned
friend might have spared himself this warning. God knows that I would
rather fifty of the wretched inmates of this county jail were to escape
unharmed than that a hair of the prisoner you behold at the bar should
be unjustly touched. The life of a human being is at stake; we should be
guilty ourselves of a crime which on our deathbeds we should tremble to
recall, were we to suffer any consideration, whether of interest or of
prejudice, or of undue fear for our own properties and lives, to bias
us even to the turning of a straw against the unfortunate prisoner.
Gentlemen, if you find me travelling a single inch from my case,--if
you find me saying a single word calculated to harm the prisoner in your
eyes, and unsupported by the evidence I shall call,--then I implore you
not to depend upon the vigilance of my learned friend, but to treasure
these my errors in your recollection, and to consider them as so many
arguments in favour of the prisoner. If, gentlemen, I could by any
possibility imagine that your verdict would be favourable to the
prisoner, I can, unaffectedly and from the bottom of my heart,
declare to you that I should rejoice; a case might be lost, but a
fellow-creature would be saved! Callous as we of the legal profession
are believed, we have feelings like you; and I ask any one of you,
gentlemen of the jury, any one who has ever felt the pleasures of social
intercourse, the joy of charity, the heart's reward of benevolence,--I
ask any one of you, whether, if he were placed in the arduous situation
I now hold, all the persuasions of vanity would not vanish at once from
his mind, and whether his defeat as an advocate would not be rendered
dear to him by the common and fleshly sympathies of a man. But,
gentlemen” (Mr. Dyebright's voice at once deepened and faltered), “there
is a duty, a painful duty, we owe to our country; and never, in the long
course of my professional experience, do I remember an instance in which
it was more called forth than in the present. Mercy, gentlemen, is dear,
very dear to us all; but it is the deadliest injury we can inflict on
mankind when it is bought at the expense of justice.”
The learned gentleman then, after a few further prefatory observations,
proceeded to state how, on the night of ------- last, Lord Mauleverer
was stopped and robbed by three men masked, of a sum of money amounting
to above L350, a diamond snuff-box, rings, watch, and a case of most
valuable jewels,--how Lord Mauleverer, in endeavouring to defend
himself, had passed a bullet through the clothes of one of the
robbers,--how it would be proved that the garments of the prisoner,
found in a cave in Oxfordshire, and positively sworn to by a witness he
should produce, exhibited a rent similar to such a one as a bullet would
produce,--how, moreover, it would be positively sworn to by the same
witness, that the prisoner Lovett had come to the cavern with two
accomplices not since taken up, since their rescue by the prisoner, and
boasted of the robbery he had just committed; that in the clothes
and sleeping apartment of the robber the articles stolen from Lord
Mauleverer were found; and that the purse containing the notes for L300,
the only thing the prisoner could probably have obtained time to carry
off with him, on the morning on which the cave was entered by the
policemen, was found on his person on the day on which he had attempted
the rescue of his comrades, and had been apprehended in that attempt.
He stated, moreover, that the dress found in the cavern, and sworn to
by one witness he should produce as belonging to the prisoner, answered
exactly to the description of the clothes worn by the principal robber,
and sworn to by Lord Mauleverer, his servant, and the postilions.
In like manner the colour of one of the horses found in the cavern
corresponded with that rode by the highwayman. On these circumstantial
proofs, aided by the immediate testimony of the king's evidence (that
witness whom he should produce) he rested a case which could, he
averred, leave no doubt on the minds of an impartial jury. Such, briefly
and plainly alleged, made the substance of the details entered into
by the learned counsel, who then proceeded to call his witnesses. The
evidence of Lord Mauleverer (who was staying at Mauleverer Park, which
was within a few miles of--) was short and clear (it was noticed as
a singular circumstance, that at the end of the evidence the prisoner
bowed respectfully to his lordship). The witness of the postilions
and of the valet was no less concise; nor could all the ingenuity
of Clifford's counsel shake any part of their evidence in his
cross-examination. The main witness depended on by the crown was now
summoned, and the solemn countenance of Peter MacGrawler rose on the
eyes of the jury. One look of cold and blighting contempt fell on him
from the eye of the prisoner, who did not again deign to regard him
during the whole of his examination.
The witness of MacGrawler was delivered with a pomposity worthy of
the ex-editor of the “Asinaeum.” Nevertheless, by the skill of Mr.
Dyebright, it was rendered sufficiently clear a story to leave an
impression on the jury damnatory to the interests of the prisoner.
The counsel on the opposite side was not slow in perceiving the ground
acquired by the adverse party; so, clearing his throat, he rose with a
sneering air to the cross-examination.
“So, so,” began Mr. Botheram, putting on a pair of remarkably large
spectacles, wherewith he truculently regarded the witness,--“so, so,
Mr. MacGrawler,--is that your name, eh, eh? Ah, it is, is it? A very
respectable name it is too, I warrant. Well, sir, look at me. Now,
on your oath, remember, were you ever the editor of a certain
thing published every Wednesday, and called the 'Athenaeum,' or the
'Asinaeum,' or some such name?”
Commencing with this insidious and self-damnatory question, the learned
counsel then proceeded, as artfully as he was able, through a series
of interrogatories calculated to injure the character, the respectable
character, of MacGrawler, and weaken his testimony in the eyes of the
jury. He succeeded in exciting in the audience that feeling of merriment
wherewith the vulgar are always so delighted to intersperse the dull
seriousness of hanging a human being. But though the jury themselves
grinned, they were not convinced. The Scotsman retired from the
witness-box “scotched,” perhaps, in reputation, but not “killed” as
to testimony. It was just before this witness concluded, that Lord
Mauleverer caused to be handed to the judge a small slip of paper,
containing merely these words in pencil:--
DEAR BRANDON,--A dinner waits you at Mauleverer Park, only three
miles hence. Lord--and the Bishop of--meet you. Plenty of news
from London, and a letter about you, which I will show to no one
till we meet. Make haste and hang this poor fellow, that I may see
you the sooner; and it is bad for both of us to wait long for a
regular meal like dinner. I can't stay longer, it is so hot, and my
nerves were always susceptible.
Yours, MAULEVERER.
If you will come, give me a nod. You know my hour,--it is always
the same.
The judge, glancing over the note, inclined his head gravely to the
earl, who withdrew; and in one minute afterwards, a heavy and breathless
silence fell over the whole court. The prisoner was called upon for his
defence: it was singular what a different sensation to that existing in
their breasts the moment before crept thrillingly through the audience.
Hushed was every whisper, vanished was every smile that the late