CHAPTER XXXVII

In October, 1883, General Pryor was sent to England, as counsel to

defend Patrick O'Donnell, who had been indicted for the murder of James

Carey, and was now imprisoned in London. Carey had been one of the

leaders of the Irish "Invincibles" in 1881, and was an accomplice in the

assassination of Mr. T. H. Burke and Lord Frederick Cavendish in Phœnix

Park. He was arrested on January 13, 1883, and turned queen's evidence.

In order to escape the vengeance of the "Invincibles," he was secretly

shipped for the Cape under the name of "Power." His plan of escape was

discovered, and he was secretly followed by Patrick O'Donnell, who shot

him before the vessel reached its destination.

The prisoner was an American citizen, and it was thought proper by

some of his personal friends to have American counsel assist the local

lawyers in his defence. There was no political signification in General

Pryor's being retained. He was aware that objection would be urged

against his appearance in an English court. There was no precedent for

his encouragement. The case of Judah P. Benjamin did not apply. Mr.

Benjamin had been born a British subject and had "eaten his dinners" at

the Temple. Only by an act of courtesy on the part of the judge could

General Pryor hope for a hearing. He wrote me, _en route_, on board the

_Scythia_, October 17:—

"An Irish barrister on board has been my most constant

companion,—a very intelligent gentleman is he,—and I am

assured by him that I cannot be admitted to appear in Court,

the rule of Court excluding from practice any but members of

the Bar. This does not surprise me. I can be usefully employed

in consultation and suggestion. I have industriously read in

the law of homicide, and on those topics I consider myself an

expert."

Meanwhile the newspapers were interested in the novel experiment of

sending an American lawyer to defend an American citizen in England, and

searching for some hidden reason for the selection of General Pryor.

"Simply because of his daring spirit," said one. "He will speak out

as another would hesitate to speak." "Not so," said the editor of the

_Irish World_; "General Pryor was selected on account of his ability

as a lawyer. I know of no man who can better represent the American

bar. O'Donnell is an American citizen, and General Pryor will defend

him as an American citizen." A would-be wit in England replied, "He

was selected because he was _prior_ to all others—take notice—_this is

registered_."

The _New York Times_, November 8, 1883, reminds the public that "an

English barrister would have no standing in an American court, except

by a stretch of courtesy which would be rather violent. To give audience

in court to a foreign counsel would be a great novelty in any country."

The _London Times_ commented on the matter and said, "It is probable

that Mr. Pryor will be permitted to give the accused man all possible

assistance short of taking a public part in the conduct of the case."

Chief Justice Coleridge, recently returned from this country, where

he had been the recipient of many kindly courtesies, was at once

interested, and took an early opportunity to consult leading English

jurists regarding certain amendments in the form of procedure in

the courts, the admission of foreign lawyers being one of the points

discussed. A correspondent of the _Brooklyn Eagle_ visited my husband

in England and wrote to the paper:—

"I called on General Pryor this morning. He is snugly housed

at the Craven Hotel in Craven Street, hard by Charing Cross

and within a minute's walk of the American Exchange. I

found him immersed in papers relating to the case, but with

sufficient leisure to greet a fellow-countryman (and an old

client _en passant_) with his customary courtesy.

"Legally, the general has had a hard time of it here,—of

which more anon,—but socially he has been the recipient of

extraordinary marks of English favor. His romantic career

as a soldier and as a lawyer is known to everybody, and

invitations to club breakfasts and the dinner-tables of great

men have poured in upon him. So far, he has accepted none of

these, having been entirely preoccupied by the preparation

of O'Donnell's defence, which, as I understand from other

sources, is largely General Pryor's. Originally it was

understood that the trial should occur in October, but it has

been postponed again and again, and the general's great regret

is that he was not able to get back to vote.

"Speaking to me on this subject to-day, a prominent member of

the English bar said: 'My dear fellow, General Pryor is not

an exception to the rule. He is simply a prominent instance

of its operation. You may not be aware that neither a Scotch

nor an Irish barrister is allowed to plead in English courts.

If we were to make any exception at all, it would certainly

be made in favor of General Pryor, who is known to and liked

by us all.'

"'But,' I asked, 'how about his appearance in court as a

matter of courtesy?'

"'There is no such thing possible, and not even the judge

has power to extend it. The Benchers of the Inns are the

authority, and even the objection of a single barrister would

be fatal.'"

The English papers were, as a class, against his appearance. The _St.

James Gazette_ had long articles on the subject, in one of which the

question is thus settled:—

"The case of American counsel claiming audience in a criminal

trial arousing passionate political interest in certain

circles is admirably calculated to demonstrate the excellence

of the rule which the Irish-Americans were anxious to have

broken,—as they supposed in their interests. The only motive

which O'Donnell could have for wishing (if he does wish it) to

be heard through foreign counsel would be that that counsel

should say or do something which English counsel cannot say

or do. For, however great General Pryor's fame may be in his

own country, we have no reason to suppose that he is gifted

with eloquence or persuasive powers so remarkable that he

might be relied upon to move the hearts of an Old Bailey jury

impervious to the tried abilities of Mr. Charles Russell and

the earnest fluency of Mr. A. M. Sullivan. Let us consider,

then, what it is which these gentlemen could not do, and

General Pryor, if he got the chance, could do. The principal

thing is that he could more or less defy the judge, and

instigate the jury to override the law or take a wrong view

of the evidence."

The _Gazette_ little knew the manner of man under discussion. "Defy the

law," indeed! He wrote me October 25:—

"As I have informed you, a rule of the Bar excludes any but

an English barrister from appearing professionally in the

courts. I will not allow a motion to be made that I be heard

in the case, for I do not choose to solicit a favor, nor

to incur the hazard of a rebuff, nor to expose the American

Bar to the incivility which would be involved in rejecting

such an application from one of its members. My presence,

however, is not without good effect, nor have my services

been unimportant. Indeed, I may say to you that already I have

rendered inestimable service to my client."

Meanwhile Sir Charles Russell, afterward Lord Chief Justice of England,

Mr. Sullivan and Mr. Guy, of the British bar, and Roger A. Pryor, of the

American bar, worked faithfully, earnestly, and zealously, step by step,

for the unfortunate prisoner. O'Donnell was a poor, ignorant man, who

could not write his own name. In this country he had been a teamster in

the Federal army during the Civil War. For a long time his countryman

who had come so far to help him was not allowed to see him. Finally,

this much was granted—and of great comfort to the doomed man were the

sympathetic visits of my tender-hearted husband. His trial ended as

everybody knew it must.

General Pryor felt keenly the embarrassment of his position, but before

he left England nearly every club was open to him, and many dinners

given in his honor by Lord Russell, members of the bar, Mr. Justin

McCarthy and other literary men in London.

"At the royal geographical dinner," he writes, "I sat beside

Lord Houghton, and opposite Lord Aberdeen, with both of whom I

had pleasant talk. Other eminent men were there. Invitations

followed which I must decline, infinitely to my regret, but

I cannot neglect the business on which I came. A dinner is

offered me in Dublin. Last evening, however, I was glad to

dine with Charles Russell, Q.C., and Sunday I drive with

him to Richmond. He pays me every possible attention, and I

can see relies upon me in the conduct of the case. I live as

retired as possible. My clients cannot suspect me of yielding

to British blandishments! I have had interesting interviews

with my poor client, in compliance with his urgent entreaty.

He was very grateful to me and cheered by my presence."

He received marked kindness from Dr. Rae, the Arctic explorer, who had

made important discoveries in King William's Land and found traces of

Sir John Franklin; also in 1864 had made a telegraphic survey across

the Rocky Mountains. Dr. Rae gave several delightful dinners to my

husband, inviting him to meet Huxley, Sir John Lubbock, and sundry

notable chemists and inventors. "Come to us Saturday at half-past

seven," he wrote from Kensington, "a handsome [_sic_] should bring you

in a little over half an hour if the beast is good." At Dr. Rae's he

met Mathilde Blind, "a brilliant woman, a Jewess; and Justin McCarthy,

a shy, silent man, spectacled and quite like a professor." Dining at

the Café Royal, "who should come in and sit opposite to us but the

Baroness Burdett-Coutts and her spouse. She is surprisingly juvenile in

appearance—not at all as she has been represented. Her voice is quite

girlish, and she moves with wonderful agility," etc.

He also met Miss Shaw, who was conducting a bevy of American girls

for a tour of European travel. Some _contretemps_ arose which made

her grateful for his conduct and assistance. The particular young lady

whom he had the honor of escorting and assisting was Miss Stanton. It

suddenly occurred to him that this might be the daughter of his old

enemy, Edwin M. Stanton. The young lady innocently answered his question

affirmatively. She had been the identical baby girl that, eighteen

years before, Stanton had held in his arms as he declared, "Pryor shall

be hanged!" My general might have done several things: he might have

left her alone in a London street to the mercy of ruffians; he might

have used, in a dark corner, the tiny pistol he carried; he might have

drowned her in the Thames; he might have surprised her by increased

devotion and care for her comfort. He chose the last, heaping coals of

fire upon her unconscious head!

Before he returned he visited places peculiarly interesting to him as

a scholar, all of which he described to me charmingly. As far as in

him lay he trod the paths, so sacred to him, once trod by the lumbering

feet of the one Englishman he adores above all others, Dr. Sam Johnson:

sitting at the desk where he wrote his dictionary and marvelling at the

meanness of the desk, looking out of his windows, walking with him and

with Boswell along the familiar streets. He also stood on the spot where

Blackstone delivered his immortal lectures, and on the very spot where

Latimer and Cranmer suffered,—the students at that moment playing near

it a vigorous game of football,—all this, and much more, so natural in

a scholar visiting for the first time the London of which he knew every

spot haunted by the great spirits of the literary world.

After he returned home, he received a long letter from Lord Russell,

telling him that he (Russell) had been sharply criticised for the

conduct of O'Donnell's case, and accused of having managed it in a

negligent and lukewarm manner. He wished his American colleague's candid

opinion on the subject, and also requested his photograph, adding, "I

am sending you mine."

General Pryor answered him cordially and was glad he could say,

"I consider that you defended O'Donnell with the utmost zeal and

enthusiasm, and with consummate skill!" It seems the queen's counsel was

sensitive as well as able. He was afterwards made Lord Chief Justice of

England.

My Day: Reminiscences of a Long Life · 第 37 / 43 章