68

THE GREEN BAG

tinctly whether the prisoner insisted upon the learned chief justice instantly assented.' my defending him, and, on hearing that he This is my answer to the second charge. did, said, I was bound to do so, and to use "Thirdly, and lastly, I am accused of all fair arguments arising on the evidence.1 having endeavored to cast upon the female i therefore retained the brief, and I contend servants the guilt which I knew was attribu for it, that every argument that I used was table to Courvoisier. You will observe, of a fair commentary on the evidence, though course, that the gravamen of this consists in undpubtedly as strong as I could make them. my having done so after the confession. The I believe there is no difference of opinion answer to this is obvious. Courvoisier did now in the profession that this course was not confess until Friday. The cross-exam right. It was not until after eight hours' ination took place the day before, and so public exertion before the jury that the far, therefore, the accusation is disposed <>f. prisoner confessed; and to have abandoned But it may be said I did so in my address to him then would nave been virtually sur the jury. Before refuting this let me observe rendering him to death. This is my answer upon the disheartening circumstances under to the first charge. which that address was delivered. At the "I am accused, secondly, of having close of the, to me, most wretched day on 'appealed to Heaven as to my belief in which the confession was made, the prisoner Courvoisier's innocence,' after he had made sent me this astounding mefsage by his me acquainted with his guilt. A grievous solicitor — 'Tell Mr. Phillips, my counsel, accusation! But it is false as it is foul, and that I consider he has my life in his hands. ' carries its own refutation on its face. . . . My answer was, that as he must be present 'The trial terminated on Saturday even himself, he would have an opportunity of ing. On Sunday I was shown in a news seeing whether I- deserted him or not. I paper the passage imputed to me. I took was to speak on the next morning. But the paper to court on Monday, and, in the what a night preceded it! Fevered and aldermen's room, before all assembled, after horror-stricken, I could find no repose. If reading the paragraph aloud, I thus ad I slumbered for a moment, the murderer's dressed the judges — ' I take the very first form arose before me, scaring sleep away, opportunity which offers, my lords, of most now muttering his awful crime, and now respectfully inquiring of you whether I ever shrieking to me to save his life! I did try to used such an expression?' — 'You certainly save it. I did everything to save it, except did not, Phillips,' was the reply of the late that which is imputed to me, but that I did lamented Lord Chief Justice, 'and I will be •not, and I will prove it. I have since your vouchee whenever you choose to call pondered much upon this subject, and I am me.' — 'And I,' said Mr. Baron Parke, satisfied that my original impression was happily still spared to us, 'had a reason, erroneous. I had no right to throw up my which the Lord Chief Justice did not know brief, and turn traitor to the wretch, wretch for watching you narrowly, and he will re though he was, who had confided in me. . . . member my saying to him, when you sat "You will ask me here whether I contend down, "Brother Tindal, did you observe how carefully Phillips abstained from giving on this principle for the right of doing that any personal opinion in the case?" To this of which I am accused, namely, casting the guilt upon the innocent? I do no 1 It needs to be said that Baron Parke was such thing; and I deny the imputation really one of the two judges trying the cause, altogether. You will still bear in mind but Chief Justice Tindal was to sum up to the what I have said before, that I scarcely jury. Baron Parke appears to have been much could have dared to do so under the eye of annoyed at being told of the defendant's confes Baron Parke and in the presence of Mr. sion, and, after giving Phillips the advice to go Clarkson. To act so. I must have been ahead with the defense, permitted the Chief insane. But to set this matter at rest, I Justice to sum up to the jury without the Chief have referred to my address as reported in Justice knowing of the confession. See 15 Law the Times — a journal the fidelity of whose (Quarterly Review, 277 n. When Mr. Phillips reports was never questioned. You will spoke of Baron Parke as the learned judge who be amazed to hear that I not only did not was not trying the cause, he meant the judge do that of which I am accused, but that I who was not presiding in the cause and who was did the very reverse. Fearing that, nervous not under the duty of charging the jury. and unstrung as I was, I might do any