BURKE'S ROMANCE OF THE FORUM. * THE interest attached to remarkable

trials is universally admitted, and as universally ascribed to the exhibition of human nature nu- der violent passion the mystery which often envelops crime, the i curious circumstances which conduce to its detection, and that remoteness from the commonplaces of every-day life which is called romance. This opinion is quite true ; but there is a fur- ther source of interest, at least to the inquiring student, in the exact reflection of manners and opinions which legal trials display. Correspondence and literature do not bring out the cha- racter, temper, and behaviour of men, like the speeches and examinations of counsel, or the charge of a judge ; for in a book it is very often a writer's business entirely to sink his personality ; and letters are rarely written on the spur of the moment or with- out-caution, and some endeavour on the writer's part to look his best. Pictures of contemporary life however excellent they may be as works of art, must follow the ;tiles of art ; there is omission, selection, combination, and the inevitable colouring of the writer's mind, with probably some little exaggeration for effect. In the statements of witnesses there may possibly be falsehood as to the particular fact at issue; but in all that concerns manners, customs, and the characteristics so to speak of the day, we may be sure there is the truth and nothing but the truth. No advocate would spare a witness who failed in particulars so open to common apprehension and so likely to damage credibility. The student or embryo "lila- rical novelist" should address himself before all other records to the reported trials of an age whose manners and the spirit of whose daily life he wishes to learn.

There is information of this kind to be found in Mr. Burke's book; but not so much as there might have been, because he does not appear to have proceeded on any regular system or with any distinct object in view. The Romance 61 the Forum is a mere title, not indicative of the contents of the volumes. The most valuable trials, or parts of trials, have nothing of romance about them, though they may exhibit human nature in extremes of

• The Romance Of the Forum ; or Narratives-. Scenes, and Anecdotes from Courts of Justice. By Peter Burke, Esq., of the Inner Temple, Barrister-at-law ; Author of "Celebrated Trials connected with the Aristocracy." In two volumes. Published by Colburn and Co. wickedness or gullibility. That which approaches the closest to romance is utterly worthless ; possibly sheer invention altogether, or so enlarged by some romancer as to be without any traits of truth beyond the simple fact. Mr. Burke begins with a tale called "Dun the Robber," a freebooter of the reign of Henry the First, who is alleged to have given its name to Dunstable ; but the whole narrative bears obvious traces of Grub Street work, and in point of writing. is on a par with the most vulgar sixpenny tales of Dick Turpm, &c. This is followed by "A Crusader's Murder,"— the pith of which is that a knight of the reign of Richard the First was assassinated soon after quitting his betrothed to return home, by an emissary of the Old Man of the Mountain ; and this is worse than even Dunstable Dun' for it is told in the maudlin manner of a tale for the Annuals. After the Crusader, the reader is treated to the veritable story of the Dog of Montargis, which was caninely exhibited some five-and-thirty or forty years ago on the boards of Covent Garden Theatre. To the Dog succeeds the case of Don Carlos, son of Philip the Second, and that of Alexis, son of Peter the Greats—both melancholy instances of royal misfortune and royal guilt, but too well known for a book like Mr. Burke's even had they been treated more philosophically-. A variety of miscellaneous trials follow, chiefly of the seventeenth and eighteenth centuries; and though these are often on subjects not very extraordinary, they have the interest we formerly spoke of. They exhibit character and manners, occasionally singular crime; or they treat in detail of events to which some interest is attached from being generally known in their results' though not in their particulars. Of these last is the trial of Richard Savage for the murder of Sinclair: and well might Savage seem, as Johnson describes him whenever he glanced at the subject after his pardon, to consider himself as a man "not wholly free from the guilt of blood"; for a more wanton and reckless slaughter can scarcely- be imagined. In the trial as reported by Mr. Burke, Judge Page does not appear to have "treated Mr. Savage with his usual insolence and severity." On the contrary, his summing-up was sound and temperate ; so that it is very probable this exasperating passage, preserved by Johnson from the relation of his friend, was either invented or highly coloured— "Gentlemen of the jury, you are to consider that Mr. Savage is a very great man, a much greater man than you or I, gentlemen of the jury ; that he wears very fine clothes, much finer clothes than you or I, gentlemen of the jury ; that he has abundance of money in his pocket, much more money than you or I, gentlemen of the jury : but, gentlemen of the jury, is it not a very hard case, gentlemen of the jury, that Mr. Savage should therefore kill you or me, gentlemen of the jury ? "

Another trial which caused much excitement at the time, and which has still some traditional interest, is that of Eliza Fenning, for attempting to poison the family of her master, Mr. Turner, a law-stationer in Chancery Lane. A careful examination of le evidence seems to confirm the correctness of the verdict; and in this instance to shield Black Tack—Sylvester the Recorder—from the odium attached to him of sacrificing innocence. The point of accidental poisoning put by Mr. Burke is undoubtedly possible; but the conduct of the accused, as deposed to by several uncon- nected witnesses, does not tally with that supposition. What effect the defence of accident might have had if urged by counsel on men charged with the responsibility of life and death, cannot be known; but as a critical opinion the verdict of guilty seems the proper one on a balance of the testimony.

One of the most singular eases is that of Coke, a barrister, and Woodburne, a Suffolk labourer in his employ, who were indicted in T722 under the Coventry Act for maiming, 8cc., Mr. Crispe, Coke's brother-in-law. The object in view was Crispe's death, as he had made a will in Coke's favour; but, after being left for dead in the churchyard at Bury St. Edmunds, the victim rallied and recovered. The crime was perpetrated under circumstances of great treachery, Coke having entertained Crisr at supper, and volunteered to see him home; but the trial is chiefly remarkable for its traits of cha- racter. This is the style of criminal forensic oratory a hundred and thirty years ago. "Sergeant Selby_' May it please your Lordship, and you gentlemen of the jury, I am counsel, pro kw me, for the King against the prisoners at the

who stand indicted upon the statute of the 22d of King Charles, the one for maliciously maiming and disfiguring of Edward Crispe, the other for abetting that fact, which by that act is made one and the same offence. I said, gentlemen, I was counsel for the King; for that his Majesty, as the father of his people, and for their safety, out of his natural goodness hath been graciously pleased particularly to regard this prosecution for so horrid and bloody an assassination. And though, gentlemen, it is difficult to stand in this place without the greatest tenderness to our fellow-creatures, yet these who have divested themselves of all humanity now cease to be such; it is even cruelty to the King's people not to stand up against them, so far as is consistent with law and justice. Their prosecution is become the com- mon concern of mankind ; for so long as these prisoners have a being here, the life of every man is precarious, and but at the will of so infernal a con- triver as the one and so hellish an executioner as the other.'"

It is common in romances to represent villains as either melo- dramatic rascals or great brutes. In real life they are often men of mild or plausible manners, sometimes with a touch of sanctimony or moral sentiment Rush and Tawel were men of this stamp. Mr. Coke had something of moral philosophy in his discourse : he had tampered with another marl before engaging Woodburne, who deposed as follows.

"Sergeant Selby—Call John Carter. (Who appeared and was sworn.) What trade are you of? " Carter—A blacksmith.

"Sergeant Selby—Did Coke at any time send Woodburne for you, and what past thereon?

"Carter—On the Friday before New Year's Day last, which was on a Mon- day, Mr. Coke sent Woodburne to me, who told me his master, Coke, wanted to speak with me. "Sergeant Selby—Did you go ?

" Carter—Yes ; I went to his house, and he ordered me to come up to him in his chamber. When I came up, he told me that he wanted a good strong horse to carry his weight. I told him I did not know of any one then, but when I did I would let him know. Upon that he said, ‘-How- do you go on, boy? I hear you have lost most of your business ; you have got no iron nor coals, and you are afraid of a gaol: I have a thing now in

agitation that will make a man of you as long as you live.' I said I should

be very glad of that. Said he, Can you keep a secret?' Yes,' said as well as any one, to serve myself and my friend.' Said he, Can you keep one of the biggest secrets in the world ? ' I told him, as well as anybody. Said he, You are pretty much in debt, and if you will serve me in this, I can make a man of you as long as you live : do you think you could cut five or six men's heads off without scruple of conscience ? ' I told him,

No ; it was too much for a man's conscience to bear.' Said he, What! a scruple of conscience to do such a thing as that? There are those above who

have done ten times worse.' 'I suppose, sir,' said you mean the South Sea gentlemen.' 'Yes,' said he, 'so I do ; they have ruined families and beggared gentlemen: to cut men's heads off is but a trifle to them.' Said I,

Mr. Coke, I believe you speak only in joke, by way of merriment.' Said he, What! do you think I sent for you by way of joke ? ' I told him I could not do any such thing. 'Then,' said he, 'do you think you can cut off one man's head without scruple of conscience?' I told him, No.'

Then,' said he, if you can't cut off a man's head and lay it down upon the table before me, you are not for my turn.' On that he fetched a bottle of brandy and gave me a glass or two, and then said to me, Carter, I would have you go home, and consider of it for two or three days ; and if yen can cut off a man's head without scruple of conscience you shall have plenty of gold and silver and anything else you ask.' I told him I needed no con- sideration, for I could not do it. Then,' said he, 'send Woodburne to me.' And as I went out I saw Woodburne at the door, and sent him in to Mr. Coke."

The defence was as singular as the rest of the ease ; and the judgment of Sir Peter (afterwards Lord) King remarkable, for as it were playing with the prisoner, like a cat with a mouse.

" Woodburne's answer to the charge was merely, that what he did he did by the procurement of Coke ; and Coke's extraordinary defence was, that he could not be convicted under the statute, because his intention was not to maim but to murder his victim.

"The jury found them both guilty ; and when the next day they were brought up for sentence, Coke again urged that judgment could not pass on the verdict, because the act of Parliament simply mentions an intention to maim or deface' whereas he was firmly resolved to have committed murder.' He quoted several law cases in favour of the arguments he had advanced, and hoped that judgment might be reapited till the opinion of the twelve Judges could be taken on the case. The counsel for the Crown opposed the arguments of Coke • insisted that the crime came within the meaning of the law, and demanded that judgment should pass against the prisoners. "Lord Chief Justice= I do agree with the prisoner, that this is a penal law, and not to be extended by equity ; that he that 315 guilty within this statute must be guilty of all the circumstances within it, and if any one of the circumstances prescribed by the statute be wanting, he is not guilty. And therefore, in all those cases put by you, if any one of the circumstances prescribed by the statute be wanting in any one of them, such case is out of the statute. But whether all the circumstances required by the'statute did not concur in your case, was a matter of fact, which the jury, who are the proper judges, have tried; and on such trial they have found them all to concur. You seem to argue upon a supposition of this fact to be otherwise than the jury have found it. The jury have found you guilty of all the cir- cumstances within the statute. There was no matter of law in this case, but matter of foot."'