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.