Part 11 (1/2)

At a country a.s.size, where he was presiding in the Crown Court, a man was indicted for murder. He pleaded ”Not guilty.” The evidence contained in the depositions was terribly clear, and, of course, the judge, who had perused them, was aware of it.

The case having been called on for trial, counsel for the prosecution applied for a postponement on the ground of the absence of a most material witness for the Crown.

I should mention that in those days counsel were not allowed to speak for the prisoner, but the judge was always in theory supposed to watch the case on his behalf. In the absence of a _material_ witness the prisoner would be acquitted.

The learned Mr. Justice Graham asked the accused if he had any objection to the case being postponed until the next a.s.sizes, on the ground, as the prosecution had alleged, that their most material witness could not be produced. His lords.h.i.+p put the case as somewhat of a misfortune for the prisoner, and made it appear that it would be postponed, if he desired it, as a favour to _him_.

Notwithstanding the judge's courteous manner of putting it, the prisoner most strenuously objected to any postponement. It was not for him to oblige the Crown at the expense of a broken neck, and he desired above all things to be tried in accordance with law. He stood there on his ”jail delivery.”

Graham was firm, but polite, and determined to grant the postponement asked for. In this he was doubtless right, for the interests of justice demanded it. But to soften down the prisoner's disappointment and excuse the necessity of his further imprisonment, his lords.h.i.+p addressed him in the following terms, and in quite a sympathetic manner:--

”Prisoner, I am extremely sorry to have to detain you in prison, but _common humanity_ requires that I should not let you be tried in the absence of an important witness for the prosecution, although at the same time I can quite appreciate your desire to have your case speedily disposed of; one does not like a thing of this sort hanging over one's head. But now, for the sake of argument, prisoner, suppose I were to try you to-day in the absence of that material witness, and yet, contrary to your expectations, they were to find you guilty. What then? Why, in the absence of that material witness, I should have to sentence you to be hanged on Monday next. That would be a painful ordeal for both of us.

”But now let us take the other alternative, and let us suppose that if your trial had been put off, and the material witness, when called, could prove something in your favour--this sometimes happens--and that that something induced the jury to acquit you, what a sad thing that would be! It would not signify to you, because you would have been hanged, and would be dead!”

Here his lords.h.i.+p paused for a considerable time, unable to suppress his emotion, but, having recovered himself, continued,--

”But you must consider what my feelings would be when I thought I had hanged an innocent man!”

At the next a.s.sizes the man was brought up, the material witness appeared; the prisoner was found guilty, and hanged.

The humane judge's feelings were therefore spared.

At the Old Bailey he was presiding during a sessions which was rather light for the times, there being less than a score left for execution under sentence of death. There were, in fact, only sixteen, most of them for petty thefts.

His lords.h.i.+p, instead of reading the whole of the sixteen names, omitted one, and read out only fifteen. He then politely, and with exquisite precision and solemnity, exhorted them severally to prepare for the awful doom that awaited them the following Monday, and p.r.o.nounced on each the sentence of death.

They left the dock.

After they were gone the jailer explained to his lords.h.i.+p that there had been _sixteen_ prisoners capitally convicted, but that his lords.h.i.+p had omitted the name of one of them, and he would like to know what was to be done with him.

”What is the prisoner's name?” asked Graham.

”John Robins, my lord.”

”Oh, bring John Robins back--by all means let John Robins step forward. I am obliged to you.”

The culprit was once more placed at the Bar, and Graham, addressing him in his singularly courteous manner, said apologetically,--

”John Robins, I find I have accidentally omitted your name in my list of prisoners doomed to execution. It was quite accidental, I a.s.sure you, and I ask your pardon for my mistake. I am very sorry, and can only add that you will be hanged with the rest.”

CHAPTER XIII.

GLORIOUS OLD DAYS--THE HON. BOB GRIMSTON, AND MANY OTHERS--CHICKEN-HAZARD.

The old glories of the circuit days vanished with stage-coaches and post-chaises. If you climbed on to the former for the sake of economy because you could not afford to travel in the latter, you would be fined at the circuit mess, whose notions of propriety and economy were always at variance.

Those who obtained no business found it particularly hateful to keep up the foolish appearance of having it by means of a post-chaise. You might not ride in a public vehicle, or dine at a public table, or put up at an inn for fear of falling in with attorneys and obtaining briefs from them surrept.i.tiously. The Home Circuit was very strict in these respects, but it was the cheapest circuit to travel in the kingdom, so that its members were numerous and, I need not say, various in mind, manner, and position.