◆[Sidenote: _MR. JUSTICE FOSTER._]◆ Mr. Justice Foster, however, made an effort to save the prisoner. The latter had pleaded that he was not the Charles Radcliffe named in the indictment. The jury had found that he was. At this point the prisoner pleaded the king’s general pardon. The other judges held that the prisoner must stand or fall by his first plea; it failed him, and execution, it was said, must follow. ‘Surely,’ remarked the benevolent Foster, ‘the Court will never _in any state of a cause_ award execution upon a man who plainly appeareth to be pardoned.’ He thought that if anyone could show that Mr. Radcliffe was entitled to the benefit of the Act of Pardon, he should be heard. The Chief Justice ruled otherwise, and it was ultimately shown that as the prisoner had broken prison when under attainder, he came within certain clauses of exception in the Act――and could therefore not be benefitted by it. The papers of the day make an almost incredible statement, namely, that Radcliffe was informed, if he himself would _swear_ he was not the person named in the indictment, he should have time to bring witnesses to support him; but he remained silent. Still, ‘he was very bold,’ is the brief journalistic comment on his hearing. It is quite clear that Charles Radcliffe did not keep his temper, and he therefore lost some dignity on the solemn occasion of his being brought up to Westminster Hall to have the day of his execution fixed. He is described, in the Malmesbury correspondence, as acting with unheard-of insolence, and apparently wishing to set the whole Government at defiance. This is the evidence of a contemporary. Lord Campbell (in the ‘Life of Lord Chancellor Hardwicke’) says, on the contrary, that the calmness of his demeanour, added to his constancy to the Stuart cause, powerfully excited the public sympathy in his favour. Moreover, Lord Campbell does not think that the identity of the Charles Radcliffe of ’45 with him of ’15 was satisfactorily established by legal evidence, though he has no doubt as to the fact. [Sidenote: _CONDUCT OF RADCLIFFE._]