III

Gusts of rain were splashed by the spring winds round and about the

hilly streets of Edinburgh; the defeated sun lay like a large pale

yellow blot against the moist clouds. Yet very early in that morning

of April 4 throngs of folk were crowding to the prison gates and

scattering about the sands of Leith. For to-day Darien was to be

avenged.

In the chambers of the Scottish Estates, in Parliament Square, the

privy council assembled, attended by the city magistrates, for a tumult

was clearly prophesied.

“The idea!” puffed my lord chancellor, getting into his gown. “Such a

clamor about the prison! Would they intimidate us with their uproar.

Mr. Magistrate, go sweep them through the gutters to their kennels!”

“My lord, I hae no broom big enow.”

The clerk presented a petition, signed by many of the better

consciences of the town, praying a reprieve for the condemned pirates.

The council turned the matter about with grave, genteel speech.

“What a file of names! They seem to urge that Reynolds should have had

opportunity of exculpation. Well, we discharged Reynolds, did we not?”

“In view of the verdict, my lords, I am inclined to think--well, that

he might have been exculpated.”

“And I.”

“And I.”

“The indictment was good, my Lord Chancellor, of course--did we not so

hold. But the fact of death--ordinarily, of course, it should be shown.

Ordinarily, I say. The other rule is a little dangerous, is it not? The

_corpus delicti_--it is a sound doctrine--usually.”

“Oh, ordinarily--certainly. Macer, close the window--the noise from the

prison yard is getting intolerable.”

“My lords, my lords, they’re under our windows! Oh, my lords, such a

press, and ilk has a stick or a stane ’n’s fist.

“Mr. Magistrate, you will see to the protection of her majesty’s

council.”

“Aye, my Lord Chancellor--or die wi’ ye.”

“Tush! tush! Such blathering! Die? Who said die?”

“Heavens! Who’s thumping on that door?”

“My lords, the people cry that you are reprieving the pirates!”

“I pray that no torch be set to the town. Shall I step forth and

promise the people, on the honor of a magistrate, there shall be no

reprieve?”

“Reprieve, Mr. Magistrate! Who spoke of reprieve?”

A gust of wind from the open door blew the petition fluttering to the

floor. None stooped to pick it up.

The council adjourned. The chancellor got as far as the old Tron church

when some pudding-face in the crowd shouted the pirates were reprieved.

A wave of people beat against the chancellor’s coach, they smashed the

glass, crashed in the panels, and might have licked up the blood of

the worthy nobleman himself but for the onrushing bayonets of the city

guard, and, what was more effective,--a sudden, cyclonic roar from the

throng at the prison gate, announcing that Green, Madder and Simpson

were departing in the death wagon for the doomful sands of Leith.

Dimmed, indeed, was the honor of Scottish lawyers when bench and bar

could thus go hand in hand to cast to the wild beast of public passion

the unprotected and the innocent. Even the defense--able, adroit,

complete--was not purely disinterested, yet amid all those mad scenes

one soul, at least, kept the noblest traditions of the law alive

within him and splendidly redeems his profession. For a young, obscure

lawyer sat attentively in court during the whole trial, and, on the

day of doom, clad himself in a suit of complete mourning and attended

at the sands of Leith, and, when Justice had completed its terrific

miscarriage, he, at the risk of his life, saw to the decent interment

of the poor victims. That young man was to be the future illustrious

Duncan Forbes!

None of the other _Worcester_ men were executed. Between March 16 and

April 3, Thomas Linsteed, John Bruckley and George Haines made solemn

confession of their fictitious crimes before James Graham, the judge

admiral. But these confessions are dismissed by a contemporary writer

as worthless and purely self-serving; they merely elaborated the tale

already told and were obviously made to repair the weakness of the

State’s case, and as the prosecution’s apology for an act already

beginning to disturb many consciences.

The public blood thirst was slaked. One reprieve followed another, and

eventually the whole crew drifted out of prison, out of the country and

out of the view of history.

And a few days before the execution of the three ill-fated men, our old

friends Israel Phippany and Peter Freeland landed in England, but too

late to prevent the tragedy of Leith sands, and revealed the true fate

of the good ships _Content_ and _Speedy Return_!

A moralist must find this tale provocative. Mark the factors of evil

in the case; the commercial greed which seized the _Annandale_, the

violent crime of Bowen in pirating the _Speedy Return_, the blind

national anger which perverted public opinion, and which in its

turn warped a timid and compliant court and council to its will, the

individual habits of a ship’s steward, and the fear for their personal

safety which made perjurers of the State’s witnesses. One’s speculation

is challenged.

These tragic deaths were not entirely fruitless. Although not the

foundation of the principle, nevertheless this celebrated cause went

far to rivet unshakably into the foundations of English jurisprudence

the vital doctrine of the _corpus delicti_,--proof of the actual fact

of death before a charge of homicide will lie.

Pirate tales from the law · 第 58 / 66 题