Delaware; or, The Ruined Family. Vol. 3James, G. P. R. (George Payne Rainsford)
General
Delaware; or, The Ruined Family. Vol. 3
James, G. P. R. (George Payne Rainsford)
Fiction
Harding had been really eloquent; for from the adaption of his story
to the evidence produced immediately before, it was beyond doubt that
he had poured forth his long address upon the spur of the occasion.
Walter Harrison, however, was not eloquent; and, if there had been
anything like eloquence in his speech, it was the eloquence of
passionate sincerity. Still his tale produced the deep impression;
Harding's alone the transient one. In the case of the latter, the jury
and the spectators had felt that the account was plausible, and might
be true; but; when Walter Harrison concluded his rough oration, there
was not a man in all the court that doubted his assertions. There was
a momentary pause, and then more than one person murmured, "Poor
fellow!"
At length the judge summed up the evidence, with that clear,
straightforward, noble impartiality, that dignified and equitable
firmness, which is so universally characteristic of an English judge.
He noticed Harding's defence, and gave him the full credit of every
probability that existed in favour of the story he had told, but he
noticed also the singular conduct of Walter Harrison, pointed out the
minute resemblance between the declaration he had made in Paris, and
that which he had made in England, and the harmony of the whole of it
with both his conduct towards Beauchamp and the conversation he had
held with the smuggler. Nevertheless, he said, there was a peculiar
feature in the case which greatly affected it, and he begged the jury
to give the prisoners the advantage of any doubt that might thence
arise in their minds. This peculiar feature was, that Walter Harrison
having refused to become king's evidence, the prisoners had not had an
opportunity of cross-examining him, as they might have done to any
other witness. At the same time, his declaration could not fail to
have a considerable effect upon the minds of the jury in regard to the
other prisoners, as well as to himself, and therefore it was to be
received cautiously from the peculiarity adverted to.
The judge's exposition of the law, and his classification of the
evidence adduced, was clear, judicious, and impartial; and, on
dismissing the jury to deliberate, he called upon them, to cast away
from their minds the remembrance of every thing but what they had
heard in that court, and never to forget, that the duty they were then
called upon to perform, involved the most awful responsibility which
it is possible for a human being to undertake.
The eyes of each of the prisoners were fixed upon the jury-box while
the judge addressed the jurors; and it was remarked, that at one
particular point of the summing up, where the declaration of the young
sailor, and his conduct throughout the whole transaction, were clearly
stated, Harding turned extremely pale, and casting down his eyes,
remained in deep thought.
Public-domain text, read in full here on John Shaqi.
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