creased, prolonged when I related all that had passed between Sinclair and me on a former occasion at Robinson's.

Burridge then went away, promising to see us again before the day of trial.

Whatever hopes we might have entertained of the issue of our trial were well-nigh swept away by the intimation made to us on the day before, that Justice Page was to preside at it. Page, like his betters, left his character behind him, which was this:-He was a gross, facetious dog, but only towards misfortune and misery. The calamitous were sure of his scornful jeer, his evil eye, his malignant heart. He wielded the law, not as a sword to punish the wicked, but as a dagger to stab the innocent.

The morning of our trial arrived. We were led into court guarded by constables. Gregory had maintained from the first a decent manliness, which did not now desert him. I was firm and composed; but Merchant was by no means present to himself. A more abject spectacle of cowardly weakness never held up his hand, or attempted to do so, at the bar. His appearance excited pity amongst the women, of whom there were many, and from the men provoked contempt. The court was crowded.

The indictment was laid against Thomas Gregory, Richard Savage, and William Merchant ; and in that order we were placed at the bar. Whilst Merchant's arraignment was proceeding, I had leisure to observe the countenance of Sir Arthur Page. I thought I could perceive in his devilish face-but this might have been merely prejudice-that he had already resolved on my destruction. There was at least a pleased expression in it, which disclosed the delight he took in the trial of cases that contained blood in them. I never saw such a horrible leering, vital villain. Had his father made him anything else but a lawyer, he had been hanged to a certainty.

The counsel for the prosecution, who stated his case as fairly as a lawyer could, for I defy a lawyer to state any case, whether legal or otherwise, quite fairly, having closed his speech, Nuttal was called, as the first witness.

Mr. Nuttal tendered his evidence with an air of candour that recommended him to the attention of the court. He detailed the insult that had been offered by Merchant, which, he said, I drew on the instant to justify; that Gregory then, with an oath, drawing, commanded Sinclair and himself to give up their swords, which they had not unsheathed,-but that when he was about to do so, and, as he supposed, Sinclair,-Gregory flew upon, and would have killed him, but that he (Nuttal) seized him by the wrist with one hand, and snapped his sword in two with the other; and that, while the struggle was going on between them, he saw me stab Sinclair, who held his point towards the ground.

Lemery and his brother were in one story, which differed slightly from Nuttal's evidence. They acknowledged that Gregory did not demand the swords till Nuttal's was drawn; and that I did not draw until after Sinclair had put himself in attitude. They said further, that they did not see the wound given.

Mrs. Seth Lemery, her husband and brother-in-law having seen too little, saw too much. She deposed that Gregory struck Sinclair's sword out of his hand, and that I stabbed him when he was disarmed.

I was astonished at hearing the hideous Mrs. Edersby speak the truth. She had not witnessed the brawl, she said, and therefore did not know by whom the wound had been given. She had supposed it must be Merchant, from his conduct towards her before the prisoners entered the coffee-room, and from his rushing past her in the passage immediately after she heard the clashing of swords. She had been since informed, however, that Mr. Merchant wore no sword on the occasion.

When Mrs. Rock was put into the witness-box, the thronged audience, who had listened to the evidence of the others with breathless attention, re-arranged themselves in their seats,—such, I mean, of them as had obtained a sitting, whilst the crowd on the floor of the court on either side pressed still more anxiously forward. Even Page himself seemed to interest himself in the appearance of this

woman.

Her face was pale to ghastliness, her lips livid, her teeth dull and chalky, her eyes dim, and deep-set in their sockets; but there was a clamorous loudness in her voice, and an energy in her gestures, when she answered the questions that were addressed to her, which accorded so strangely with her emaciated face and person, as to render her a spectacle to shudder at.

Her evidence, which referred solely to me (she had not seen the scuffle between Gregory and Nuttal), was given at first with a loud confidence, "That was the man that stabbed him before he had drawn his sword," with a bold finger shot towards me, and a shake of the head, as much as to say, " and he knows I speak the truth; and a look towards me at the same time, which said, "You know I lie; but I'll hang you if I can!"-at first it was all this; but as she proceeded, and became involved in a mesh of contradictory statements, — more hopeless of extrication every moment, the wretch absolutely was embarrassed, ashamed, confused.

"

The next and last witness against us was the doctor who attended Sinclair in his last moments. I forget his name, nor is it of import

ance.

He recapitulated his evidence given before the justices; stating that, from the nature of the wound, and from the direction the sword had taken he could not conceive how a man standing upon his defence could have received such an injury, unless he had fenced with the left hand.

The case for the prosecution being closed, a moment's pause ensued. Gregory nudged me with his elbow.

"Savage," said he, not looking at me, and in a low voice, between his set teeth, "there is a woman in a hood—a lady, on the other side of the court, has been gazing at us at you more particularly, ever since we have stood here. Her eyes make me quite sick. Avert your head from her. My God! such an expression!"

"Mrs. Brett, no doubt," said I; "I thought we should have her company here."

"Gracious Heaven!" and he turned very pale, "support yourself, my dear fellow," grasping my hand. "Go through it, like a hero. I pity you."

I needed not Gregory's pity. Whatever concern I might hitherto have felt, and did at that instant feel, at the unhappy fate of Sinclair, the knowledge that his friend and confederate was by, watch

ing, perhaps heartening, animating the base gang in their efforts to destroy me, at once dissipated it. She supplied another motive to me, to carry myself with spirit and dignity. The unfortunate may sometimes break down under the sense of their misfortunes; but the persecuted are mostly strengthened by their oppressor, and do not fall, but are stricken down.

Gregory now was called upon for his defence. He was very brief, giving a plain statement of as much as had occurred in the coffeeroom, as his active share in the quarrel had enabled him to observe. He submitted that testimony so various, and in some points so contradictory as had been brought against us, was not entitled to credit; and that the characters of the men and women who had offered it were so infamous that, even had they preserved a consistence and integrity of evidence, it would not, or ought not, to weigh heavily against us.

My speech occupied a considerable time. I examined and sifted the evidence which had been tendered against us. I laboured, and I believe successfully, to show that, with the exception of the doctor's surmise, it was utterly unworthy of a moment's consideration. I explained how it came to pass that Sinclair received his wound on the left side of the body; by describing how Gregory's arm, sweeping in the direction of Nuttal, had caught Sinclair's sword-arm, and had swung him half round. But, I proceeded to contend that, even if the jury were to believe that portion of Nuttal's evidence, (which, however, like the rest, was false,) which asserted that I had stabbed Sinclair when his sword was held towards the ground, I was not, in reason or justice, bound to wait till a lunge was made at me, which might incapacitate me from returning it, and which, had I so waited, and had it taken such an effect, would have caused Mr. Sinclair to stand where I then stood.

Merchant, by a motion of the head, intimated that he declined saying anything; indeed, he subsequently informed me that his tongue was as dry during the trial as an old shoe, and that he believed, had he attempted to utter a word, he should have been choked.

The three men who had run into the coffee-room during the affray were then called. Their evidence varied but slightly. There was just so much discrepance in it as it was natural to expect, and as was unavoidable, considering the hurry and tumult of the whole proceeding; and it supported our defence in all its main particulars.

It was next shown on our behalf that Nuttal was a fellow who hung loose upon society, that he was a man accustomed to violence and brawls, and that he had been heard to threaten that he would "do for us" if we escaped "this bout," and he could catch us alone, The Lemerys, and the wife of the latter, were proved to be disreputable creatures, - the woman only less infamous than Mrs. Rock, and about on a par with Mrs. Edersby, by whom, it appeared, both were supported, although on a different footing,-which I need not describe or explain. The house itself was well-known.

Lastly, witnesses were called to our characters. The gentlemen who appeared on behalf of Gregory were all of them of the highest respectability; many of those who testified to mine were of no common distinction. Let me remember amongst them my friends, Mr.

Wilks and Mr. Aaron Hill, Thomson and Mallet, Lord Tyrconnel and Major-General Churchill, the friend of Mrs. Oldfield. Langley and Burridge, our common friends, spoke in behalf of us both jointly. Myte hung about the court, and was seen both by Gregory and me; but by no inducement could he be prevailed upon to enter the witness-box. At length, tearing himself from Langley's detaining grasp, and drawing in a long breath, he rushed wildly out of the

court.

When Page was about to sum up, a woman in the dress of a widow, made her way to the witness-box, and having been helped into it, after bestowing a low obeisance upon the judge, turned towards us, and smiling, though the tears rolled plentifully down her face, nodded encouragingly at Gregory and me. It was some time before I recognized her; but when at last I did, the spirit that had upheld me all along had well-nigh deserted me. Had I not checked on a sudden a rebellious rising in my throat, my eyes had overflowed.

"Please your honourable worship," said poor simple Mrs. Martin, with a low curtsey, "I know the two young gentlemen yonder. The youngest of 'em - he was but a boy then -came to lodge with my. good master and me (I wish he was alive and here, he could have told you better than I can). Well, your worshipful lordship," curtsying again, “he was treated very barbarously by his lady-mother, one Madam Brett—”

"What does the woman mean?" cried Page,-"to what does this lead? What do you know of the prisoner? What have you to say in his favour?"

""

"We are not

"I was coming to that, please your worship," cried Mrs. Martin. "She wanted to put him on board ship, - to make away with him, like. Well, my master' "Stand down, woman!" exclaimed Page roughly. to be amused with these old wife's tales. Bid her stand down." A constable laid his hand her upon 66 arm, You must stand down, missus." She did not resist; but, curtsying as before, went out of the box.

"I wouldn't speak falsely for the world, and all it's worth," said she, appealing to the people about her; "but, gentlemen, I wanted to say this: I know the dear young creature there, whose life's in the hands of God Almighty, not in no one's here, wouldn't kill a fly, much more a Christian, unless he had call to do it."

The commotion caused by this little incident having subsided, Page proceeded to sum up the evidence against us; which he did with extraordinary unfairness and partiality. He remarked that whatever difference there might have been, and was, in the depositions of the witnesses, it by no means amounted to inconsistency, and that it was easily explained by the suddenness and confusion with which the whole business had been carried on. He observed, further, that the difference itself was sufficient to satisfy the jury of the general truth of the testimony offered by those who had appeared against us.

"If," said he, their evidence had been one, it might reasonably be suspected that it was false, since it is impossible they could each have seen all; or, granting that possibility, that they could have been suf

ficiently collected to have remembered it with such exactness as would justify you in giving implicit credit to it. They all agree, nor do the prisoners themselves deny it, that Merchant gave the first provocation. With regard to the witnesses they have called, their evidence can weigh but lightly with you, as they were not present till the murder was, as I may say, on its course. But, gentlemen of the jury," raising his voice, and casting a hideous leer first towards us, and then at the twelve fellows in the box, who, having enjoyed his peculiar humour before, or having heard of his talents that way, relaxed their muscles, and sat prepared to furnish a requiting grin,"but, gentlemen of the jury, this, I doubt not all this is a very light matter to the prisoners at the bar, more especially to Mr. Savage, who, as you no doubt have perceived, has carried himself today as though killing a gentleman were a very praiseworthy occupation of a gentleman's time. Must we not teach Mr. Savage a different lesson? Gentlemen of the jury, consider, I pray you, that Mr. Savage is a very great man, -oh! a great man, indeed, a much greater man than you or I, gentlemen of the jury. But, gentlemen of the jury, is it not, after all, a hard case, a very hard case, that Mr. Savage should, therefore, kill you or me, gentlemen of the jury?”

I cannot describe the rage, horror, and disgust, with which I listened to the infamous harangue.

"Gentlemen of the jury," I called out, "this judge, whom you have just heard, appears to love his joke better than justice. This is not Smithfield, this is a court of law; nor ought we to suffer because fortune has misplaced him. Mr. Page, when he seeks by these means to obtain a conviction against me for murder, is endeavouring to commit one. Gentlemen, you ought not to listen-"

"Silence, fellow!" interrupted Page, all the irresponsible and licentious devil flaming forth out of his face,-"silence!" he roared, "take the fellow from the court. What! does he resist? Drag him away by force! What! what! what! do you mark him, gentlemen of the jury?

""

Three fellows laid hands upon me, and haled me out of the court, amid the murmurs of the spectators.

"You'll swing for this, master, I'm sorry to tell you," said one of the fellows. "Lord bless you! why did you break out so? it's only his way; he always plays with his fish before he kills 'em."

:

While the jury were deliberating, I was re-admitted, that I might hear the verdict pronounced. They were closeted more than an hour and on their return found Gregory and me guilty of murder, and Merchant of manslaughter. The instant it was pronounced, a female figure, rising from her seat, uttered a piercing shriek, and went into strong convulsions. My Elizabeth! A crowd gathered about her to tender, as I suppose, assistance. There was but an instant. The gaolers had us by the arms, and were about to lead us out of the court. In the centre of it, and in the midst of a multitude pressing to leave, for the court had risen, I beheld Mrs. Brett. Her eyes encountered mine. Such eyes! I wonder not they sickened Gregory to look upon them. A smile, too, upon her lip, which a stranger would have called irresistible; but of which I knew the deadly import, she knowing that I knew it.

* Page was not knighted till some years after Savage's trial.