THE DOUBLE TRIAL Is a rambling kind of publication, which
it would not be easy to assign to its true class. It has the outward appearance of a novel, and in many of its details is even romantic ; for ve.) have change- lings, ghosts, old castles, and secret chambers, with a due mix- ture of loving and duelling the two staple single combats of our books of fiction. But still are body of the book is differently com- posed. It is not merely a novel of Irish manners, though there are striking scenes in Ireland and among its peasantry. It is not a series of dialogues on political economy, though war to the knife is perpetually proclaimed against the whole. sect of economists, and MALTHUS we do not believe would be safe in the author's presence. As it is, that Reverend Doctrinaire would be justified in swearing the peace against him. It is not mere anecdotes of the bar, though they are numerous; and the author, either a lawyer or living much amongst lawyers, is evidently most at home when discussing the ins and outs of law and legislation. But it is none of these things, and yet many more. There is a good deal of character in the book : for instance, a Mr. Puffeter, a London auctioneer, of great spirit and egregious Cockney absurdity—who cannot rest wittiout fighting a7duel, and who can handle his umbrella as well as any man, because, you see, " he is pretty well used to it "—is a character for LISTON. In the conception of others, too, there is originality and talent ; but the who!e is so idly mixed up together, that the book cannot be called a good book; and the author, though possessing considerable talent, can scarcely be considered an able man, for he permits himself to be influenced by prejudice and passion, in a manner unworthy of a man of thought and reflection. On the whole, however, we have been a good deal amused; and not a little pleased by the following specimen of forensic eloquence, which, it appears, is original in the book: if the details are authentic, as the author vouches, the extract is valuable, and must be added to all our anecdotes of the bar, and all the specimens of remark- able or eccentric strokes of eloquence of our English orators. It will be seen that the author gives the history of the speech, and that we are to take it as it has passed through three heads.
'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 an 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 in- terview with the prisoner. As lie entered the court, he jogged another briefiess one like himself, and said, in his favourite slang language—" Neck or nothing, illy boy, to-day ! 111 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 lie had already had them handed to Lim, 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 ac- credited 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 lie 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 every one of the party," pausing to give one of his looks M 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 be- fore 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 List word, and in a few minutes not one at there 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 Jter*
i
not all n that torn state. "What," said he, with the utmost contenipt, óek log to the party, "is there any one that wishes to exhibit his devoted. baseness?, Let him not whisper here behiud 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.
mn " Gentlee of the Jury, "'cannot believe that you will lend yourselves to such a grovelling prosecution—yersecution, as this'? I pause not to investi- gate where the evil spirit arose, in principals or agents, against this injured anti
calumniated female. If the great ones of our earth will themselves-. if they will listen to the suggestions of envy, hatred, and malice, and all un- charitableness, 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 havs been committed. You are not twelve despots sitting upon a case of high trea- son 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. \Vhat 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?
am not disposed to dispute their might; 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 net 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 sus- taMed 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 dangerou.s pinnacle of legal greatness, became known, and rapidly advanced him to tame,'* and the grandchildren of his father to be enrolled among the established Peers of our realm.
*" The foregoing anecdote was told to the writer hr the late James Burton, Esq., of Lockerhige House. a seat of the Marquis of Aylesktry's, near Marlborough. Mr. Burton married a daughter of the celebrated. actress, Mrs. (libber, by General SlTer, a man of the highest fashieu of hiS day, from whom, I believe, Mr. Burton received thee account; the particulars of which, as I have narrated, no doubt, ninny persons of Mr. Burton's acquaintance still rout:when"
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