The Poacher; Or, Joseph RushbrookMarryat, Frederick
General
The Poacher; Or, Joseph Rushbrook
Marryat, Frederick
England -- Social life and customs -- 19th century -- Fiction; Fathers and sons -- Fiction; Murder -- Fiction; Poachers -- Fiction
As soon as the evidence for the Crown was closed, Mr Trevor rose in our
hero's defence. He commenced by ridiculing the idea of trying a mere
child upon so grave a charge, for a child the prisoner must have been at
the time the offence was committed. "Look at him now, gentlemen of the
jury; eight years ago the murder of the pedlar, Byres, took place; why,
you may judge for yourselves whether he is now more than seventeen years
of age; he could scarcely have held a gun at the time referred to."
"The prisoner's age does not appear in the indictment," observed the
judge.
"May we ask his age, my lord?" demanded one of the jury.
"The prisoner may answer the question if he pleases," replied the judge,
"not otherwise; perhaps he may not yet be seventeen years, of age. Do
you wish to state your age to the jury, prisoner?"
"I have no objection, my lord," replied Joey, not regarding the shakes
of the head of his counsel: "I was twenty-two last month."
Mr Trevor bit his lips at this unfortunate regard for truth in our
hero, and, after a time, proceeded, observing that the very candour of
the prisoner, in not taking advantage of his youthful appearance to
deceive the jury, ought to be a strong argument in his favour. Mr
Trevor then continued to address the jury upon the vagueness of the
evidence, and, as he proceeded, observed--"Now, gentlemen of the jury,
if this case had been offered to me to give an opinion upon, I should,
without any previous knowledge of the prisoner, have just come to the
following conclusion--I should have said (and your intelligence and good
sense will, I have no doubt, bear me out in this supposition), that,
allowing that the pedlar, Byres, did receive his death by the prisoner's
hand--I say, gentlemen, that _allowing_ such to have been the case, for
I deny that it is borne out by the evidence--that it must have been
_that_, at the sudden meeting with the pedlar, when the lad's conscience
told him that what he was doing was wrong, that the gun of the prisoner
was discharged unintentionally, and the consequence was fatal; I should
then surmise, further, that the prisoner, frightened at the deed which
he had unintentionally committed, had absconded upon the first impulse.
That, gentlemen I believe to be the real state of the case; and what was
more natural than that a child under such circumstances should have been
frightened, and have attempted to evade the inquiry which must have
eventually ensued?"
"You state such to be your opinion, Mr Trevor; do you wish me to infer
that the prisoner pleads such as his defence?" asked the judge.
"My lord," replied Mr Trevor, in a hesitating way, "the prisoner has
pleaded not guilty to the crime imputed to him."
"That I am aware of, but I wish to know whether you mean to say that the
prisoner's defence is, not having anything to do with the death of the
pedlar, or upon the plea of his gun going off by accident?"
"My lord, it is my duty to my client to make no admission whatever."
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account