A CHANCELLOR'S START IN LIFE.

(_FROM THE DOUBLE TRIAL_.)

Thurlow had travelled the ---- Circuit for some years with little

notice, and with no opportunity to put forth his abilities; when the

housekeeper of a Duke of N---- was prosecuted for stealing a great

deal of linen, with which she had been intrusted. An attorney of

little note and practice conducted the woman's case. He knew full well

that he could expect no hearty co-operation in employing any of the

leading counsel: it was a poor case, and a low case; and it could not

be supposed that they, "the foremost men of all the bar," would set

themselves, "_tooth and nail_," against the Duke, who in himself, his

agents, and his friends, made the greatest part of every high legal

and political assemblage in the country. The attorney looked round,

therefore, for some young barrister who had nothing to lose, and might

have something to win; and he fixed upon Thurlow. Thurlow read over

his brief with the highest glee, and had an interview with the

prisoner. As he entered the court, he jogged another briefless one

like himself, and said, in his favourite slang language--"Neck or

nothing, my boy, to-day! I'll soar or tumble!" The opening speech

of the eminent counsel for the Duke, and the evidence, completely

convicted the woman. The articles stolen were brought into court. When

Thurlow rose to cross-examine the leading witness, before he asked

a question, he merely, bending his black brows upon the man, turned

round, and desired to look at the things that were said to be stolen.

They were before him all the time, and were then presented to him;

and, without a word, he carelessly tossed them again upon the table

before him. He now closely questioned the witness, as to points of

honour and honesty; then, in a minute or two, again asked to see the

things. He was informed that he had already had them handed to

him, and that they were now before him. "I mean," said he, with

well-assumed ignorance, "the things that this unhappy woman is accused

of having stolen." The witness, with great sufficiency and knowledge,

as if to prove his own correctness, pointed them out upon the table

before him. "And what else?" said he. He was answered that they were

the whole. "And you, Mr. Witness," said he, with a sneer, "are the man

of great trust, of accredited honour and honesty; and, full of your

own consequence, and in high feather, you come here to follow up a

prosecution against a fellow-servant, and a confidential one (you

tell me), whom you have indicted as a felon, for taking these rags,"

exhibiting some cloth that happened to be torn; "and this is the sum

and substance of her offence! And all these witnesses," pointing to a

group, who had pushed themselves forward, "have been brought into this

honourable court, to affix the ownership of the high and mighty noble

Duke and Duchess to these cast-off, worn-out clothes! And here comes

this fine gentleman to swear to the robber of that," holding up the

garment, "which he himself would not accept as a gift! Shame, say I;

and I am certain every one of your hearts, Gentlemen of the Jury,

reechoes my indignant feeling! Shame, say I, on everyone of the

party," pausing to give one of his looks to each individual, "that

is concerned in such a business! Why, it is more like a conspiracy

against this poor destitute woman, against whom I lament to see my

very honourable and learned brethren," pointing to the other counsel,

"here arrayed--it is more like a conspiracy (not that my learned

friends have lot, or part, or feeling in the business)--more like a

conspiracy against this woman, than any, the least act of felony on

her part. These clothes! I pray you look at them, Gentlemen of the

Jury--these clothes!! Can you conceive, Gentlemen, that if you were

a Duke and Duchess of N----, you would have even offered to give a

housekeeper, a woman of credit and respectability--a fellow-servant of

this fine gentleman before you--such worn-out rags as these? Would you

have thought it worthy of consideration, if such a servant had thought

proper to appropriate to her own use a cart-load of this trumpery? If

the poor woman did remove out of sight such trash as this, all I say

is, that she seems to have had more respect for the credit and

honour of that noble house than any of the people whose ridiculous

pretensions to honesty have persecuted her and exhibited themselves

here. _Gentlemen and Ladies_, witnesses! I have done with you; you may

all leave the court!"

They were all glad to take him at the first word, and in a few minutes

not one of them was to be seen. "I have heard," he continued, "of the

pride of a noble house, and of its poverty, being nearly allied;

but here we have all the poverty and none of the pride!" Some one

unluckily said that the things were not all in that torn state.

"What," said he, with the utmost contempt, looking to the party, "is

there any one that wishes to exhibit his devoted baseness? Let him not

whisper here behind my back, but come forward and get into the box."

He paused, and had no further interruption. "To you, Gentlemen of the

Jury, I appeal. I ask you if you have seen enough of the rags of this

noble family?" and he pulled out the worst piece of the linen, and

held it at arm's length during the greater part of a taunting speech

of the same kind: then, throwing it contemptuously from him--"Away,

away, I say, with these rags of the noble family of N----!" (and some

one gathered up all together, and took them out of court)--"and God

grant that they may never rise up in judgment against them! Poor,

weak, foolish woman! she took them as her perquisite. Perquisite

indeed! her folly was her fault; for you have seen that they were not

worth the taking.

"Gentlemen of the Jury, I cannot believe that you will lend yourselves

to such a grovelling prosecution--_persecution_, as this. I pause not

to investigate where the evil spirit arose, in principles or agents,

against this injured and calumniated female. If the great ones of our

earth will disgrace themselves--if they will listen to the suggestions

of envy, hatred, and malice, and all uncharitableness, I trust that

you, more humble members of the community, will not be partakers of

these evil passions. Where the prosecutor has sustained no personal

fear and no personal loss, it is impossible that any offence can have

been committed. You are not twelve despots sitting upon a case of

high treason against the game-laws, and are to have your consciences

racked, to bring in a verdict of trespass, where no damage can be

proved; you are not required to strain right against justice and

honesty. What is the offence? How is our Lord the King or his subjects

aggrieved? Those rags!--I know not what the splendid household of the

Duke may require for matches and tinder; for this is all the value

that can be attached to them. Shall we call for them back again, lest

the Duke and the Duchess should lose their recovered treasure? I

am not disposed to dispute their right; for even if they were the

perquisite of the housekeeper, I am convinced that she would not get

a farthing emolument for those tattered remnants of nobility. Of one

thing I am well assured, that there is not a sufficiency of sound

linen in the whole to make lint enough to cover the wound that the

reputation of the noble Duke and Duchess has sustained in this

disgraceful prosecution. Gentlemen, I will trouble you no further--I

confidently expect your verdict." And the woman was acquitted: and

from that day the powers of Thurlow, in voice, sarcasm, gesture, and

all the superior intonations of browbeating, which raised him to the

most dangerous pinnacle of legal greatness, became known, and rapidly

advanced him to fame,[14] and the grandchildren of his father to be

enrolled among the established peers of our realm.

[14] "The foregoing anecdote was told to the writer by the late

James Burton, Esq., of Lockeridge House, a seat of the Marquess of

Aylesbury's, near Marlborough. Mr. Burton married a daughter of

the celebrated actress, Mrs. Cibber, by _General Sloper,_ a man of

the highest fashion of _his_ day, from whom, I believe, Mr.

Burton received the account; the particulars of which, as I have

narrated, no doubt, many persons of Mr. Burton's acquaintance

still remember."

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The Mirror of Literature, Amusement, and Instruction. Volume 20, No. 563, August 25, 1832 · 第 19 / 23 题