"It was for the jury," he said, "to consider whether the prosecutor had made out his plea. For himself, he sincerely grieved to say, that a shadow of doubt remained not upon his mind concerning the verdict which the inquest had to bring in. He would not follow the prisoner's counsel through the impeachment which he had brought against the statute of King William and Queen Mary. He and the jury were sworn to judge according to the laws as they stood, not to criticise, or evade, or even to justify them. In no civil case would a counsel have been permitted to plead his client's case in the teeth of the law; but in the hard situation in which counsel were often placed in the Criminal Court, as well as out of favour to all presumptions of innocence, he had not inclined to interrupt the learned gentleman, or narrow his plea. The present law, as it now stood, had been inst.i.tuted by the wisdom of their fathers, to check the alarming progress of a dreadful crime; when it was found too severe for its purpose it would doubtless be altered by the wisdom of the Legislature; at present it was the law of the land, the rule of the Court, and, according to the oath which they had taken, it must be that of the jury.

This unhappy girl's situation could not be doubted; that she had borne a child, and that the child had disappeared, were certain facts. The learned counsel had failed to show that she had communicated her situation. All the requisites of the case required by the statute were therefore before the jury. The learned gentleman had, indeed, desired them to throw out of consideration the panel's own confession, which was the plea usually urged, in penury of all others, by counsel in his situation, who usually felt that the declarations of their clients bore hard on them. But that the Scottish law designed that a certain weight should be laid on these declarations, which, he admitted, were _quodammodo_ extrajudicial, was evident from the universal practice by which they were always produced and read, as part of the prosecutor's probation. In the present case, no person who had heard the witnesses describe the appearance of the young woman before she left Saddletree's house, and contrasted it with that of her state and condition at her return to her father's, could have any doubt that the fact of delivery had taken place, as set forth in her own declaration, which was, therefore, not a solitary piece of testimony, but adminiculated and supported by the strongest circ.u.mstantial proof.

"He did not," he said, "state the impression upon his own mind with the purpose of bia.s.sing theirs. He had felt no less than they had done from the scene of domestic misery which had been exhibited before them; and if they, having G.o.d and a good conscience, the sanct.i.ty of their oath, and the regard due to the law of the country, before their eyes, could come to a conclusion favourable to this unhappy prisoner, he should rejoice as much as anyone in Court; for never had he found his duty more distressing than in discharging it that day, and glad he would be to be relieved from the still more painful task which would otherwise remain for him."

The jury, having heard the Judge's address, bowed and retired, preceded by a macer of Court, to the apartment destined for their deliberation.

CHAPTER TWENTY-THIRD.

Law, take thy victim--May she find the mercy In yon mild heaven, which this hard world denies her!

It was an hour ere the jurors returned, and as they traversed the crowd with slow steps, as men about to discharge themselves of a heavy and painful responsibility, the audience was hushed into profound, earnest, and awful silence.

"Have you agreed on your chancellor, gentlemen?" was the first question of the Judge.

The foreman, called in Scotland the chancellor of the jury, usually the man of best rank and estimation among the a.s.sizers, stepped forward, and with a low reverence, delivered to the Court a sealed paper, containing the verdict, which, until of late years, that verbal returns are in some instances permitted, was always couched in writing. The jury remained standing while the Judge broke the seals, and having perused the paper, handed it with an air of mournful gravity down to the clerk of Court, who proceeded to engross in the record the yet unknown verdict, of which, however, all omened the tragical contents. A form still remained, trifling and unimportant in itself, but to which imagination adds a sort of solemnity, from the awful occasion upon which it is used. A lighted candle was placed on the table, the original paper containing the verdict was enclosed in a sheet of paper, and, sealed with the Judge's own signet, was transmitted to the Crown Office, to be preserved among other records of the same kind. As all this is transacted in profound silence, the producing and extinguishing the candle seems a type of the human spark which is shortly afterwards doomed to be quenched, and excites in the spectators something of the same effect which in England is obtained by the Judge a.s.suming the fatal cap of judgment. When these preliminary forms had been gone through, the Judge required Euphemia Deans to attend to the verdict to be read.

After the usual words of style, the verdict set forth, that the Jury having made choice of John Kirk, Esq., to be their chancellor, and Thomas Moore, merchant, to be their clerk, did, by a plurality of voices, find the said Euphemia Deans Guilty of the crime libelled; but, in consideration of her extreme youth, and the cruel circ.u.mstances of her case, did earnestly entreat that the Judge would recommend her to the mercy of the Crown.

"Gentlemen," said the Judge, "you have done your duty--and a painful one it must have been to men of humanity like you. I will undoubtedly transmit your recommendation to the throne. But it is my duty to tell all who now hear me, but especially to inform that unhappy young woman, in order that her mind may be settled accordingly, that I have not the least hope of a pardon being granted in the present case. You know the crime has been increasing in this land, and I know farther, that this has been ascribed to the lenity in which the laws have been exercised, and that there is therefore no hope whatever of obtaining a remission for this offence." The jury bowed again, and, released from their painful office, dispersed themselves among the ma.s.s of bystanders.

The Court then asked Mr. Fairbrother whether he had anything to say, why judgment should not follow on the verdict? The counsel had spent some time in persuing and reperusing the verdict, counting the letters in each juror's name, and weighing every phrase, nay, every syllable, in the nicest scales of legal criticism. But the clerk of the jury had understood his business too well. No flaw was to be found, and Fairbrother mournfully intimated, that he had nothing to say in arrest of judgment.

The presiding Judge then addressed the unhappy prisoner:--"Euphemia Deans, attend to the sentence of the Court now to be p.r.o.nounced against you."

She rose from her seat, and with a composure far greater than could have been augured from her demeanour during some parts of the trial, abode the conclusion of the awful scene. So nearly does the mental portion of our feelings resemble those which are corporeal, that the first severe blows which we receive bring with them a stunning apathy, which renders us indifferent to those that follow them. Thus said Mandrin, when he was undergoing the punishment of the wheel; and so have all felt, upon whom successive inflictions have descended with continuous and reiterated violence.*

* [The notorious Mandrin was known as the Captain-General of French & smugglers. See a Tract on his exploits, printed 1753.]

"Young woman," said the Judge, "it is my painful duty to tell you, that your life is forfeited under a law, which, if it may seem in some degree severe, is yet wisely so, to render those of your unhappy situation aware what risk they run, by concealing, out of pride or false shame, their lapse from virtue, and making no preparation to save the lives of the unfortunate infants whom they are to bring into the world. When you concealed your situation from your mistress, your sister, and other worthy and compa.s.sionate persons of your own s.e.x, in whose favour your former conduct had given you a fair place, you seem to me to have had in your contemplation, at least, the death of the helpless creature, for whose life you neglected to provide. How the child was disposed of--whether it was dealt upon by another, or by yourself--whether the extraordinary story you have told is partly false, or altogether so, is between G.o.d and your own conscience. I will not aggravate your distress by pressing on that topic, but I do most solemnly adjure you to employ the remaining s.p.a.ce of your time in making your peace with G.o.d, for which purpose such reverend clergymen, as you yourself may name, shall have access to you. Notwithstanding the humane recommendation of the jury, I cannot afford to you, in the present circ.u.mstances of the country, the slightest hope that your life will be prolonged beyond the period a.s.signed for the execution of your sentence. Forsaking, therefore, the thoughts of this world, let your mind be prepared by repentance for those of more awful moments--for death, judgment, and eternity.--Doomster, read the sentence."*

* Note N. Doomster, or Dempster, of Court.

When the Doomster showed himself, a tall haggard figure, arrayed in a fantastic garment of black and grey, pa.s.smented with silver lace, all fell back with a sort of instinctive horror, and made wide way for him to approach the foot of the table. As this office was held by the common executioner, men shouldered each other backward to avoid even the touch of his garment, and some were seen to brush their own clothes, which had accidentally become subject to such contamination. A sound went through the Court, produced by each person drawing in their breath hard, as men do when they expect or witness what is frightful, and at the same time affecting. The caitiff villain yet seemed, amid his hardened brutality, to have some sense of his being the object of public detestation, which made him impatient of being in public, as birds of evil omen are anxious to escape from daylight, and from pure air.

Repeating after the Clerk of Court, he gabbled over the words of the sentence, which condemned Euphemia Deans to be conducted back to the Tolbooth of Edinburgh, and detained there until Wednesday the day of ---; and upon that day, betwixt the hours of two and four o'clock afternoon, to be conveyed to the common place of execution, and there hanged by the neck upon a gibbet. "And this," said the Doomster, aggravating his harsh voice, "I p.r.o.nounce for _doom._"

He vanished when he had spoken the last emphatic word, like a foul fiend after the purpose of his visitation had been accomplished; but the impression of horror excited by his presence and his errand, remained upon the crowd of spectators.

The unfortunate criminal,--for so she must now be termed,--with more susceptibility, and more irritable feelings than her father and sister, was found, in this emergence, to possess a considerable share of their courage. She had remained standing motionless at the bar while the sentence was p.r.o.nounced, and was observed to shut her eyes when the Doomster appeared. But she was the first to break silence when that evil form had left his place.

"G.o.d forgive ye, my Lords," she said, "and dinna be angry wi' me for wishing it--we a' need forgiveness.--As for myself, I canna blame ye, for ye act up to your lights; and if I havena killed my poor infant, ye may witness a' that hae seen it this day, that I hae been the means of killing my greyheaded father--I deserve the warst frae man, and frae G.o.d too--But G.o.d is mair mercifu' to us than we are to each other."

With these words the trial concluded. The crowd rushed, bearing forward and shouldering each other, out of the Court, in the same tumultuary mode in which they had entered; and, in excitation of animal motion and animal spirits, soon forgot whatever they had felt as impressive in the scene which they had witnessed. The professional spectators, whom habit and theory had rendered as callous to the distress of the scene as medical men are to those of a surgical operation, walked homeward in groups, discussing the general principle of the statute under which the young woman was condemned, the nature of the evidence, and the arguments of the counsel, without considering even that of the Judge as exempt from their criticism.

The female spectators, more compa.s.sionate, were loud in exclamation against that part of the Judge's speech which seemed to cut off the hope of pardon.

"Set him up, indeed," said Mrs. Howden, "to tell us that the poor la.s.sie behoved to die, when Mr. John Kirk, as civil a gentleman as is within the ports of the town, took the pains to prigg for her himsell."

"Ay, but, neighbour," said Miss Damahoy, drawing up her thin maidenly form to its full height of prim dignity--"I really think this unnatural business of having b.a.s.t.a.r.d-bairns should be putten a stop to.--There isna a hussy now on this side of thirty that you can bring within your doors, but there will be chields--writer-lads, prentice-lads, and what not--coming traiking after them for their destruction, and discrediting ane's honest house into the bargain--I hae nae patience wi' them."

"Hout, neighbour," said Mrs. Howden, "we suld live and let live--we hae been young oursells, and we are no aye to judge the warst when lads and la.s.ses forgather."

"Young oursells! and judge the warst!" said Miss Damahoy. "I am no sae auld as that comes to, Mrs. Howden; and as for what ye ca' the warst, I ken neither good nor bad about the matter, I thank my stars!"

"Ye are thankfu' for sma' mercies, then," said Mrs. Howden with a toss of her head; "and as for you and young--I trow ye were doing for yoursell at the last riding of the Scots Parliament, and that was in the gracious year seven, sae ye can be nae sic chicken at ony rate."

Plumdamas, who acted as squire of the body to the two contending dames, instantly saw the hazard of entering into such delicate points of chronology, and being a lover of peace and good neighbourhood, lost no time in bringing back the conversation to its original subject.

"The Judge didna tell us a' he could hae tell'd us, if he had liked, about the application for pardon, neighbours," said he "there is aye a wimple in a lawyer's clew; but it's a wee bit of a secret."

"And what is't--what is't, neighbour Plumdamas?" said Mrs. Howden and Miss Damahoy at once, the acid fermentation of their dispute being at once neutralised by the powerful alkali implied in the word secret.

"Here's Mr. Saddletree can tell ye that better than me, for it was him that tauld me," said Plumdamas as Saddletree came up, with his wife hanging on his arm, and looking very disconsolate.

When the question was put to Saddletree, he looked very scornful. "They speak about stopping the frequency of child-murder," said he, in a contemptuous tone; "do ye think our auld enemies of England, as Glendook aye ca's them in his printed Statute-book, care a boddle whether we didna kill ane anither, skin and birn, horse and foot, man, woman, and bairns, all and sindry, _omnes et singulos,_ as Mr. Crossmyloof says? Na, na, it's no _that_ hinders them frae pardoning the bit la.s.sie. But here is the pinch of the plea. The king and queen are sae ill pleased wi' that mistak about Porteous, that deil a kindly Scot will they pardon again, either by reprieve or remission, if the haill town o' Edinburgh should be a' hanged on ae tow."

"Deil that they were back at their German kale-yard then, as my neighbour MacCroskie ca's it," said Mrs. Howden, "an that's the way they're gaun to guide us!"

"They say for certain," said Miss Damahoy, "that King George flang his periwig in the fire when he heard o' the Porteous mob."

"He has done that, they say," replied Saddletree, "for less thing."

"Aweel," said Miss Damahoy, "he might keep mair wit in his anger--but it's a' the better for his wigmaker, I'se warrant."

"The queen tore her biggonets for perfect anger,--ye'll hae heard o' that too?" said Plumdamas. "And the king, they say, kickit Sir Robert Walpole for no keeping down the mob of Edinburgh; but I dinna believe he wad behave sae ungenteel."

"It's dooms truth, though," said Saddletree; "and he was for kickin' the Duke of Argyle* too."

* Note O. John Duke of Argyle and Greenwich.

"Kickin' the Duke of Argyle!" exclaimed the hearers at once, in all the various combined keys of utter astonishment.

"Ay, but MacCallummore's blood wadna sit down wi' that; there was risk of Andro Ferrara coming in thirdsman."

"The duke is a real Scotsman--a true friend to the country," answered Saddletree's hearers.

"Ay, troth is he, to king and country baith, as ye sall hear," continued the orator, "if ye will come in bye to our house, for it's safest speaking of sic things _inter parietes._"

When they entered his shop, he thrust his prentice boy out of it, and, unlocking his desk, took out, with an air of grave and complacent importance, a dirty and crumpled piece of printed paper; he observed, "This is new corn--it's no every body could show you the like o' this.

It's the duke's speech about the Porteous mob, just promulgated by the hawkers. Ye shall hear what Ian Roy Cean* says for himsell.

* Red John the warrior, a name personal and proper in the Highlands to John Duke of Argyle and Greenwich, as Macc.u.mmin was that of his race or dignity.

My correspondent bought it in the Palace-yard, that's like just under the king's nose--I think he claws up their mittans!--It came in a letter about a foolish bill of exchange that the man wanted me to renew for him.