But the prisoner is not my object: I turn rather to the lawyer. Here
then do we not see the accomplished gentleman--the finished scholar--the
man of refinement and of learning, of character and station--standing
forth the very embodiment of the individual in the dock? possessed of
all his secrets--animated by the same hopes--penetrated by the same
fears--he endeavours by all the subtle ingenuity, with which craft
and habit have gifted him, to confound the testimony--to disparage
the truth--to pervert the inferences of all the witnesses. In fact,
he employs all the stratagems of his calling, all the ingenuity of
his mind, all the subtlety of his wit for the one end--that the man he
believes in his own heart guilty, may, on the oaths of twelve honest
men, be pronounced innocent. From the opening of the trial to its close,
this mental gladiator is an object of wonder and dread. Scarcely a
quality of the human mind is not exhibited by him in the brilliant
panorama of his intellect. At first, the patient perusal of a complex
and wordy indictment occupies him exclusively: he then proceeds
to cross-examine the witnesses--flattering this one--brow-beating
that--suggesting--insinuating--amplifying, or retrenching, as the
evidence would seem to favour or be adverse to his client. He is
alternately confident and doubtful, headlong and hesitating--now hurried
away on the full tide of his eloquence he expatiates in beautiful
generalities on the glorious institution of trial by jury, and
apostrophizes justice; or now, with broken utterance and plaintive
voice, he supplicates the jury to be patient, and be careful in the
decision they may come to. He implores them to remember that when
they leave that court, and return to the happy comforts of their home,
conscience will follow them, and the everlasting question crave for
answer within them--were they sure of this man's guilt? He teaches
them how fallacious are all human tests; he magnifies the slightest
discrepancy of evidence into a broad and sweeping contradiction; and
while, with a prophetic menace, he pictures forth the undying remorse
that pursues him who sheds innocent blood, he dismisses them with
an affecting picture of mental agony so great--of suffering so
heartrending, that, as they retire to the jury-room, there is not a man
of the twelve that has not more or less of a _personal_ interest in the
acquittal of the prisoner.
Public-domain text, read in full here on John Shaqi.
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