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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:01,519 --> 00:00:03,019 Subtitles corrected by Rubens 2 00:00:03,220 --> 00:00:04,700 Judas! 3 00:00:09,060 --> 00:00:10,420 My client's life is at stake! 4 00:00:10,460 --> 00:00:12,380 - Guilty. - No! 5 00:00:12,620 --> 00:00:14,060 No! No! 6 00:00:17,300 --> 00:00:18,980 Are you the monster? 7 00:00:20,060 --> 00:00:21,100 [Screams] 8 00:00:21,440 --> 00:00:24,100 I must be a ruffian to get at the truth. 9 00:00:24,140 --> 00:00:26,460 The court is yours not Garrow's. 10 00:00:26,500 --> 00:00:27,980 You are not sentenced yet. 11 00:00:32,740 --> 00:00:36,220 Are you aware of the role this trial will play in our nation's history? 12 00:00:36,260 --> 00:00:39,900 - He was slain by them! - You may have trained me but you do not own me. 13 00:00:39,940 --> 00:00:41,580 Blast your eyes, you damned bitch! 14 00:00:41,620 --> 00:00:43,460 Mr Garrow! 15 00:00:43,500 --> 00:00:46,620 These are the men who will decide what charge you face. 16 00:00:46,660 --> 00:00:49,820 Your law is weak if men can bend it to their will. 17 00:00:49,860 --> 00:00:52,860 Damn the lot of you! This is a lynching, not a trial! 18 00:02:09,760 --> 00:02:11,620 Next prisoner! 19 00:02:13,420 --> 00:02:19,820 Eliza Radnell, spinster was indicted for that she on the 26th of April... 20 00:02:19,860 --> 00:02:22,180 Oh, please take pity, sirs, tis my wife. 21 00:02:22,220 --> 00:02:26,180 ..house of Thomas Langstaffe did breach and enter, 22 00:02:26,220 --> 00:02:29,340 no person being therein and stealing 23 00:02:29,380 --> 00:02:34,820 thence one linen shift, one pair of worsted stockings, twelve pence. 24 00:02:34,860 --> 00:02:41,180 I call the prosecutrix, Mrs Mary Langstaffe. 25 00:02:41,220 --> 00:02:43,420 Would that the jury concentrate as much as you. 26 00:02:43,460 --> 00:02:45,500 Then this would be a much improved place. 27 00:02:45,540 --> 00:02:49,060 - As for your place, it is not here alas. - Just one more case! 28 00:02:49,100 --> 00:02:51,640 You are not employed here. 29 00:02:52,180 --> 00:02:53,740 Will! 30 00:02:54,780 --> 00:02:57,940 I came home and found her within. 31 00:02:57,960 --> 00:03:00,860 I asked her how she got in, she could not tell. 32 00:03:00,900 --> 00:03:04,620 I asked her what business she had with my things, she could not tell. 33 00:03:04,660 --> 00:03:10,300 I got assistance and kept her there until the parish beadle came over. 34 00:03:10,340 --> 00:03:12,080 Mr Crompton will not be pleased. 35 00:03:12,100 --> 00:03:14,020 It is drudgery there. 36 00:03:14,100 --> 00:03:16,960 I was not called to the bar to be buried in book dust. 37 00:03:17,300 --> 00:03:21,060 The prisoner shall speak for herself in her own defence. 38 00:03:21,100 --> 00:03:24,140 And again and as ever, no defence counsel for the prisoner. 39 00:03:24,180 --> 00:03:30,100 I beg your pardon, sir, but I had drunk part of four pints of two penny. 40 00:03:30,140 --> 00:03:33,540 I let myself in the house to sleep, I put the clothes on for warmth. 41 00:03:33,580 --> 00:03:35,500 [Laughter] 42 00:03:35,540 --> 00:03:38,820 Jurymen, consider your verdict. 43 00:03:47,700 --> 00:03:49,500 - You have reached a verdict? - Guilty! 44 00:03:49,540 --> 00:03:52,300 - No! [Cheering] 45 00:03:52,340 --> 00:03:54,740 It did not take them long to confer. 46 00:03:54,780 --> 00:03:56,780 The sentence is branding. 47 00:03:56,781 --> 00:03:57,781 No! 48 00:03:58,220 --> 00:04:01,520 Relative to transportation, it is a mercy. 49 00:04:01,560 --> 00:04:04,240 But she may have been telling the truth, that she was not guilty. 50 00:04:04,380 --> 00:04:10,740 The wisdom of the court observes that it requires no manner of skill to make a plain and honest defence. 51 00:04:10,780 --> 00:04:13,940 But it will, one day it will. 52 00:04:13,980 --> 00:04:17,900 [Branding hisses jeering] 53 00:04:17,940 --> 00:04:19,740 An acquittal shall follow! 54 00:04:20,620 --> 00:04:27,660 Will, when you have a criminal brief, it will be your duty to address a court of law. But not now. 55 00:04:27,700 --> 00:04:31,820 Nicholas Porter is indicted for stealing two fat hogs 56 00:04:31,860 --> 00:04:36,620 value 40 shillings, and 18 live fowls value nine shillings... 57 00:04:37,980 --> 00:04:39,580 Mr Southouse! 58 00:04:39,620 --> 00:04:41,700 You have business in there this afternoon? 59 00:04:41,740 --> 00:04:48,060 A silk merchant prosecuted by a creditor with half a guinea to enlist me as his attorney. 60 00:04:48,100 --> 00:04:50,460 Is he in need of counsel, I should very much like to help. 61 00:04:50,500 --> 00:04:52,300 You who? Should hurry. 62 00:05:12,700 --> 00:05:14,400 Mr Garrow? 63 00:05:14,940 --> 00:05:16,420 Mr Crompton. 64 00:05:34,060 --> 00:05:37,680 Brandy here. This man's not been long robbed at gunpoint! 65 00:05:39,140 --> 00:05:41,400 Come on. Come and sit down. 66 00:05:42,260 --> 00:05:47,140 The wretch clapped a pistol to my breast and demanded my money! 67 00:06:06,500 --> 00:06:09,140 Whoa! 68 00:06:10,820 --> 00:06:16,240 You robbed this gentleman, you wretch. And now you'll be brought to justice. 69 00:06:22,560 --> 00:06:26,180 Mr Southouse! I've never been inside Newgate, I would learn from it. 70 00:06:26,220 --> 00:06:28,860 I'm not there to furnish you with experience. 71 00:06:28,900 --> 00:06:29,980 Well, what then? 72 00:06:29,981 --> 00:06:32,981 A very faithful and sincere young woman 73 00:06:33,000 --> 00:06:36,700 has sold half her possessions to pay for my service on behalf of her brother. 74 00:06:36,710 --> 00:06:39,620 It is a very limited service, you cannot appear in court. 75 00:06:39,640 --> 00:06:42,700 You may tell him who and what is sworn against him and help prepare his speech... 76 00:06:42,720 --> 00:06:44,500 - And it may save his life. - It may. 77 00:06:44,540 --> 00:06:47,700 Mr Southouse, I promise I will not speak, I will merely observe. 78 00:06:47,740 --> 00:06:50,380 I have seen you observe at the Old Bailey. 79 00:06:50,420 --> 00:06:53,200 Your eyes are very busy as is your mouth, unfortunately. 80 00:06:53,201 --> 00:06:55,101 I cannot stay in the Pleader's Office! 81 00:06:55,140 --> 00:06:56,900 Then head for Quarter Sessions. 82 00:06:56,940 --> 00:07:01,340 Pass paupers from one parish to another! Oppose dancing licences... 83 00:07:01,380 --> 00:07:03,340 I will be an Old Bailey barrister 84 00:07:03,380 --> 00:07:08,640 and I will seek any attorney for my briefs, but I would rather you embraced me, dear mentor. 85 00:07:09,940 --> 00:07:11,660 Very well... 86 00:07:12,300 --> 00:07:14,540 but in silence. 87 00:07:23,620 --> 00:07:28,100 Mr Southouse, always a pleasure to see you going about your business. 88 00:07:28,140 --> 00:07:29,660 My er... 89 00:07:29,700 --> 00:07:31,500 His humble servant. 90 00:07:31,540 --> 00:07:33,180 Peter Pace, please. 91 00:07:33,220 --> 00:07:34,700 This way, gentlemen. 92 00:07:36,380 --> 00:07:42,700 So, the young lady's brother was brought before the justice for violent theft and highway robbery. 93 00:07:42,740 --> 00:07:45,540 Half a guinea is a not inconsiderable sum... 94 00:07:45,580 --> 00:07:49,000 but for his life, it may be a bargain. 95 00:07:50,260 --> 00:07:51,740 Thank you. 96 00:08:04,020 --> 00:08:06,460 Peter, this is Mr Southouse, your attorney. 97 00:08:06,500 --> 00:08:10,460 I never saw my accusers at all until they come up to me and knocked me off my horse. 98 00:08:10,500 --> 00:08:14,780 They stamped on my head, they said they would butcher me for what I done. They said, "Damn his eyes, kill him!" 99 00:08:14,820 --> 00:08:18,140 My pen is not yet out of my pocket, Mr Pace. 100 00:08:18,180 --> 00:08:19,660 Please... 101 00:08:25,980 --> 00:08:32,020 Now then, tell me, at magistrate's court, what passed? 102 00:08:32,360 --> 00:08:34,420 I cannot exactly recall. 103 00:08:34,460 --> 00:08:36,100 My mind was not set right. 104 00:08:36,140 --> 00:08:39,300 Mr Grove, the prosecutor swore he was the highwayman. 105 00:08:39,340 --> 00:08:41,660 The charge says that two shillings were stolen. 106 00:08:41,700 --> 00:08:43,660 They did not find me two shillings richer. 107 00:08:43,700 --> 00:08:47,540 - You were searched immediately? - I was more set upon... 108 00:08:47,580 --> 00:08:50,500 - and then brought along. - You were in want of money? 109 00:08:50,540 --> 00:08:52,940 - Sir? - Will! 110 00:08:52,980 --> 00:08:54,700 Did you see an opportunity? 111 00:08:54,740 --> 00:08:59,060 - A man, alone on a deserted road. - You will wait outside! 112 00:08:59,100 --> 00:09:02,140 The man you overtook, put a pistol to his cheek and then discarded it. 113 00:09:02,180 --> 00:09:05,980 - Never! - Explain this! Who is this accuser? 114 00:09:06,020 --> 00:09:08,900 Mr Garrow. Apprentice to me at 15... 115 00:09:08,940 --> 00:09:12,180 But too gifted in law to be a mere attorney. 116 00:09:12,220 --> 00:09:14,980 Come, sir, you can speak freely. Black is white and white is black, 117 00:09:15,020 --> 00:09:18,580 according as we are paid, our loyalty is to the client, not to the truth. 118 00:09:18,620 --> 00:09:20,680 - William! - Speak freely? 119 00:09:20,720 --> 00:09:22,860 Oh, I have a language for you, sir. 120 00:09:22,900 --> 00:09:27,140 Damn you both if you would take a guinea from me or my sister and think to have me lie. 121 00:09:27,180 --> 00:09:28,900 I will not have you! 122 00:09:28,940 --> 00:09:30,740 Good. 123 00:09:30,780 --> 00:09:33,260 Excellent. Well said. 124 00:09:33,300 --> 00:09:35,940 You will not give a better testimony. 125 00:09:38,220 --> 00:09:40,740 Oh! Oh, I see. 126 00:09:40,780 --> 00:09:43,860 - You do? - He puts it to me and I... 127 00:09:43,900 --> 00:09:45,540 Excellent, sir. 128 00:09:45,580 --> 00:09:48,260 And am I blessed to have the both of you to serve me? 129 00:09:48,300 --> 00:09:50,540 Ah... not... 130 00:09:50,580 --> 00:09:53,260 Mr Garrow is a barrister. 131 00:09:53,300 --> 00:09:55,300 I would be bound to instruct him. 132 00:09:55,340 --> 00:09:57,420 Then do so. Mary? 133 00:09:57,460 --> 00:09:59,740 But the cost of a barrister, madam. 134 00:09:59,780 --> 00:10:01,300 Half a guinea? 135 00:10:01,340 --> 00:10:04,060 - I'm afraid that will not... - Half a guinea. 136 00:10:05,466 --> 00:10:06,866 You are instructed. 137 00:10:06,906 --> 00:10:10,706 - I am instructed. - Attorney and counsel. 138 00:10:10,746 --> 00:10:13,386 - This goes well. - This goes very well. 139 00:10:21,106 --> 00:10:24,466 Mr Garrow? 140 00:10:24,506 --> 00:10:26,146 Mr Crompton. 141 00:10:52,626 --> 00:10:55,706 Will... William! 142 00:10:55,746 --> 00:10:57,346 You will concentrate here. 143 00:11:01,266 --> 00:11:03,506 - This is the brief. - It is. 144 00:11:03,546 --> 00:11:07,346 - It's very thin. - Well, you're not allowed to see the indictment. 145 00:11:07,386 --> 00:11:11,986 You are refused copies of the deposition sworn against your client. 146 00:11:12,026 --> 00:11:16,666 You are not permitted to visit your client while he is in Newgate. 147 00:11:16,706 --> 00:11:22,666 When you are at the Old Bailey, you will not be allowed to address the jury, make an opening statement 148 00:11:22,706 --> 00:11:24,626 or a closing speech. 149 00:11:24,666 --> 00:11:31,466 You may call witnesses as to the prisoner's character but they are not bound to appear. 150 00:11:31,506 --> 00:11:36,826 In fact, not only is it impermissible for counsel to make a full defence, 151 00:11:36,866 --> 00:11:40,066 it is barely allowable for them to actually win a case. 152 00:11:40,306 --> 00:11:43,226 Hence the thinness of your papers. 153 00:11:46,146 --> 00:11:50,166 But in the meantime, Mr Southouse, what have I to save Mr Pace from the rope? 154 00:11:50,206 --> 00:11:52,706 The prosecution's testimony. 155 00:11:52,746 --> 00:11:55,066 You must find a weakness in it. 156 00:11:55,106 --> 00:11:58,666 Study your brief. I shall see you at court. 157 00:11:58,706 --> 00:12:00,546 Goodnight, Will. 158 00:12:00,786 --> 00:12:06,666 And if you cannot sleep, let us hope it's from anticipation and not fear. 159 00:12:07,506 --> 00:12:09,066 Good night. 160 00:12:47,466 --> 00:12:48,946 William! 161 00:12:53,146 --> 00:12:54,586 You look splendid. 162 00:12:56,387 --> 00:12:57,387 Oh, no. 163 00:12:57,766 --> 00:13:01,266 Edward Forrester. A renowned thief-taker. 164 00:13:01,306 --> 00:13:05,386 If he's involved in the prosecution, this goes not so well. 165 00:13:05,426 --> 00:13:11,646 - Mr Southouse, if a thief-taker is at the heart of this that will help make our defence. - Or our damnation. 166 00:13:11,686 --> 00:13:13,586 Good luck, Will. 167 00:13:14,026 --> 00:13:15,506 Mary! 168 00:13:46,586 --> 00:13:48,106 Who's this? 169 00:13:49,666 --> 00:13:52,866 - William Garrow from Lincoln's Inn. - By way of? 170 00:13:52,906 --> 00:13:56,186 - Sir? - Well, not Oxford or I'd know you. 171 00:13:56,226 --> 00:13:59,466 Articled to an attorney, John Southouse of Milk Street. 172 00:13:59,806 --> 00:14:02,506 You received your education in Billingsgate. 173 00:14:03,146 --> 00:14:04,826 Oh, dear... 174 00:14:05,466 --> 00:14:07,226 Silvester. 175 00:14:07,666 --> 00:14:09,666 Middle Temple. 176 00:14:10,506 --> 00:14:13,546 Come to condemn the wretches or confound the jury today? 177 00:14:13,586 --> 00:14:15,426 I've come to defend a man. 178 00:14:15,466 --> 00:14:18,226 - It's first case? - Peter Pace. 179 00:14:18,266 --> 00:14:21,346 You're against me. And the facts. 180 00:14:21,586 --> 00:14:23,586 Court shall rise. 181 00:14:23,826 --> 00:14:27,626 Still, they'd need only detain for us for a few hours, then what's next? 182 00:14:29,026 --> 00:14:34,466 Oh, a coining. Well, that will be two hangings before lunch. 183 00:14:34,606 --> 00:14:38,506 - I recommend the broth. - I recommend you read your brief again. 184 00:14:43,106 --> 00:14:47,426 The prisoner, Peter Pace, is indicted for that he, 185 00:14:47,466 --> 00:14:52,386 in the King's highway in and upon William Grove, feloniously 186 00:14:52,426 --> 00:14:59,786 did make an assault, putting him in corporeal fear and danger of his life and stealing from his person 187 00:14:59,826 --> 00:15:05,586 two shillings in monies numbered the property of the said William Grove. 188 00:15:07,226 --> 00:15:10,506 Call William Grove. 189 00:15:10,546 --> 00:15:14,586 So, the alarm being raised, we gave chase. 190 00:15:14,626 --> 00:15:19,946 Mr Forrester, myself and Mr Stoddert who'd witnessed the assault upon me. 191 00:15:19,986 --> 00:15:24,826 Mr Grove, at the magistrate's committal you swore to the identity of the fellow. 192 00:15:24,866 --> 00:15:29,466 Could you please do so now again for the benefit of this court? 193 00:15:29,506 --> 00:15:32,106 - You lie! - Behold the prisoner! 194 00:15:33,666 --> 00:15:37,866 A humour not to be encountered on any lonely by-way. 195 00:15:37,906 --> 00:15:39,346 No more questions. 196 00:15:56,626 --> 00:15:59,066 You know this man? 197 00:15:59,106 --> 00:16:01,286 I know this is the man that robbed me. 198 00:16:01,426 --> 00:16:04,786 You swore before the magistrate, 199 00:16:04,826 --> 00:16:08,886 that the man who robbed you covered his face with a handkerchief. 200 00:16:08,887 --> 00:16:09,387 Yes. 201 00:16:09,626 --> 00:16:11,346 Yes. 202 00:16:11,386 --> 00:16:14,566 So how were you able to swear to Mr Pace? 203 00:16:15,426 --> 00:16:18,206 This man rode a grey mare. 204 00:16:19,586 --> 00:16:22,166 Is there a horse in the dock, Mr Grove? 205 00:16:22,706 --> 00:16:23,706 Sir? 206 00:16:25,266 --> 00:16:27,906 A grey mare accused of robbery? 207 00:16:28,346 --> 00:16:30,506 I do not know what you mean, sir. 208 00:16:30,546 --> 00:16:34,946 Well, your only means of identification is by way of the horse my client was riding. 209 00:16:34,986 --> 00:16:39,426 You could not swear to his face, could you? You could only swear to his horse. 210 00:16:47,306 --> 00:16:50,586 What words did your attacker make use of? 211 00:16:50,626 --> 00:16:52,346 He demanded my money or my life. 212 00:16:52,386 --> 00:16:56,146 - Those were the very words, your money or your life? - Well, he expressed it in that manner. 213 00:16:56,186 --> 00:16:58,486 He came up, shows me the pistol and he says... 214 00:16:58,526 --> 00:17:01,606 Your money or your life, remarkable. 215 00:17:04,466 --> 00:17:06,946 - You were robbed of two shillings? - I was. 216 00:17:06,986 --> 00:17:10,266 Oh, dear, still £40 is better than two shillings. 217 00:17:10,306 --> 00:17:14,466 - Well, I don't know that it is under a wrong cause. - A wrong cause. 218 00:17:14,506 --> 00:17:19,186 You know it is not every day that one gets £40 reward for hanging a man? Is that not your cause? 219 00:17:19,226 --> 00:17:23,946 M'lord. My learned friend Mr Garrow has a very rude approach. 220 00:17:23,986 --> 00:17:25,586 Mr Garrow... 221 00:17:25,626 --> 00:17:27,626 do not speculate. 222 00:17:27,666 --> 00:17:32,626 Interrogate. And do so with a little delicacy. 223 00:17:32,666 --> 00:17:34,106 Hear, hear! 224 00:17:38,266 --> 00:17:40,066 Who paid for this prosecution? 225 00:17:40,106 --> 00:17:43,266 - Mr Forrester. - Mr Forrester, the renowned thief-taker. 226 00:17:43,306 --> 00:17:44,786 Yes, sir. 227 00:17:44,826 --> 00:17:47,266 And who paid for your expenses to attend this business? 228 00:17:47,306 --> 00:17:51,846 - Mr Forrester. - What assistance that man does provide. 229 00:17:55,066 --> 00:17:57,666 No further questions, my lord. 230 00:17:59,266 --> 00:18:01,066 Thank you, Mr Grove. 231 00:18:02,986 --> 00:18:06,226 Do you think Mr Garrow makes an impression on the jury? 232 00:18:06,266 --> 00:18:10,746 Forrester appears next and he has made an impression on many juries. 233 00:18:10,786 --> 00:18:12,666 Call Edward Forester! 234 00:18:12,706 --> 00:18:15,746 A robbery takes place on the road 235 00:18:15,786 --> 00:18:18,266 from Hounslow to Hanworth 236 00:18:18,306 --> 00:18:24,426 where a thief-taker is dining at that very hour. A rare convenience? 237 00:18:24,466 --> 00:18:28,146 The good fortune of those in need. 238 00:18:28,186 --> 00:18:31,866 You had no fear to pursue a man who would wield a pistol. 239 00:18:31,906 --> 00:18:33,546 I had a pistol of my own, sir. 240 00:18:35,386 --> 00:18:36,986 Who paid for this prosecution? 241 00:18:37,026 --> 00:18:39,586 - I paid half a guinea. - Who paid for the indictment? - I did. 242 00:18:39,626 --> 00:18:41,266 To see justice done? 243 00:18:41,306 --> 00:18:45,266 To obtain the conviction of a guilty man who would put others in fear and danger of their life. 244 00:18:45,306 --> 00:18:47,426 - You are quoting the indictment. - It is also my belief. 245 00:18:47,466 --> 00:18:50,426 - As a thief-taker? - And as a man. 246 00:18:50,527 --> 00:18:54,227 But as the former, you are a taker of rewards for the apprehension 247 00:18:54,228 --> 00:18:56,198 and conviction of those found guilty of serious crimes. 248 00:18:56,226 --> 00:18:57,826 As the government sees fit. 249 00:18:57,866 --> 00:19:00,226 And are you hoping for a reward here? 250 00:19:00,566 --> 00:19:04,566 I would not presume on the judge, the jury or the law. 251 00:19:07,706 --> 00:19:10,106 I put it to you that this crime did not take place. 252 00:19:11,466 --> 00:19:15,126 A man was caught, brought before the magistrate and stands here now. 253 00:19:15,166 --> 00:19:19,866 I put it to you that you paid Grove to make a hue and cry against an innocent man, 254 00:19:19,886 --> 00:19:23,506 - turn him all at once into a highwayman. - Innocence is the jury's business. 255 00:19:23,546 --> 00:19:25,866 I put it to you that you invented this robbery. 256 00:19:25,906 --> 00:19:27,946 I put it to you that... 257 00:19:27,986 --> 00:19:30,866 the victim and the witness are schemes of your own fiction 258 00:19:30,906 --> 00:19:33,706 as is the blameless prisoner you accuse as your robber! 259 00:19:33,746 --> 00:19:34,806 [JUDGE BANGS GAVEL] 260 00:19:35,046 --> 00:19:42,906 Mr Garrow, it is your job to excite distrust of the evidence not to make a speech on your client's behalf. 261 00:19:43,146 --> 00:19:46,226 Please forgive my learned friend, m'lord. 262 00:19:46,266 --> 00:19:49,986 Until today he's never actually been in the law. 263 00:19:50,366 --> 00:19:52,826 [GALLERY LAUGH] 264 00:19:55,066 --> 00:19:57,386 How long have you been in the honorable business of thief-taking? 265 00:19:57,426 --> 00:19:59,946 Um... I can't rightly tell. 266 00:19:59,986 --> 00:20:01,486 Well, guess a little, how long? 267 00:20:01,506 --> 00:20:04,546 Well, clearly some time longer than you've been a counsellor. 268 00:20:04,586 --> 00:20:06,626 [LAUGHTER] 269 00:20:14,026 --> 00:20:16,286 How many... 270 00:20:18,687 --> 00:20:19,887 Sir? 271 00:20:22,946 --> 00:20:26,866 - How many trials did you appear upon last sessions? - Never a one. 272 00:20:26,906 --> 00:20:29,386 What? There was no blood money in the last sessions? 273 00:20:29,426 --> 00:20:31,666 If there were no thieves, how would you get a brief? 274 00:20:31,706 --> 00:20:33,146 Unless this be your last. 275 00:20:33,286 --> 00:20:35,466 [LAUGHTER] 276 00:20:39,406 --> 00:20:41,026 No more questions. 277 00:20:41,666 --> 00:20:44,346 Thank you, Mr Forrester. 278 00:20:51,786 --> 00:20:54,386 Gentlemen, you will consider your verdict. 279 00:21:06,106 --> 00:21:08,926 You may wish to leave this place. 280 00:21:09,066 --> 00:21:11,906 I cannot until I know my brother's fate. 281 00:21:14,506 --> 00:21:16,266 You have reached a verdict? 282 00:21:16,306 --> 00:21:19,146 - Unanimously. - How do you find the prisoner? 283 00:21:19,186 --> 00:21:20,586 Guilty. 284 00:21:20,626 --> 00:21:21,946 No! 285 00:21:25,306 --> 00:21:27,006 No! 286 00:21:27,346 --> 00:21:31,146 No! Please! God have mercy! 287 00:21:31,186 --> 00:21:33,306 Judge, your Lord, I beseech you! 288 00:21:33,346 --> 00:21:35,186 The sentence is death. 289 00:21:35,226 --> 00:21:37,386 Death by hanging. 290 00:21:49,226 --> 00:21:52,626 Take the prisoner down. 291 00:21:59,146 --> 00:22:01,186 No! No! 292 00:22:01,226 --> 00:22:05,666 [JEERING AND SHOUTING] 293 00:22:10,386 --> 00:22:14,526 It troubles you not to derive your living from the groans of the gallows? 294 00:22:15,466 --> 00:22:17,266 Mr Garrow! 295 00:22:17,306 --> 00:22:19,806 The man is all a-flutter, my lord. 296 00:22:20,866 --> 00:22:25,126 I should demand satisfaction if I had not already found it in the verdict. 297 00:22:25,366 --> 00:22:29,266 - You will apologise to Mr Silvester. - I will only apologise to my client. 298 00:22:29,306 --> 00:22:32,626 - Then I shall commit you! - So your lordship may! 299 00:22:32,666 --> 00:22:35,986 Mr Garrow, you are hot-headed and intemperate. 300 00:22:36,226 --> 00:22:40,306 This is your first case here and you have lost it. 301 00:22:40,446 --> 00:22:42,426 So, I forgive you. 302 00:22:42,466 --> 00:22:44,446 Now sit down. 303 00:22:51,786 --> 00:22:55,146 Next prisoner. 304 00:23:05,026 --> 00:23:06,886 May I? 305 00:23:07,426 --> 00:23:09,546 - Eat! - Broth. 306 00:23:09,586 --> 00:23:11,786 You need food, man. 307 00:23:12,026 --> 00:23:14,886 That, and a stronger constitution. 308 00:23:15,226 --> 00:23:19,626 It is the lot of defence counsel to see their clients carried off to Tyburn. 309 00:23:19,666 --> 00:23:22,626 I was determined mainly to prosecute, far more congenial. 310 00:23:22,666 --> 00:23:27,666 And as for the rights of prisoners, that's a very irregular income. 311 00:23:27,706 --> 00:23:31,226 - You will learn that the law is not a game for gentlemen. - Will I? 312 00:23:31,366 --> 00:23:35,806 And you'll learn to become a gentleman or there shall be no law for you at all. 313 00:23:36,786 --> 00:23:38,386 Mr Garrow. 314 00:23:49,866 --> 00:23:53,226 Sir Arthur Hill MP invites you to dinner. 315 00:23:53,266 --> 00:23:55,986 Now you have an opportunity, Garrow. 316 00:23:56,026 --> 00:23:59,026 Are you familiar with the phenomenon of cutlery? 317 00:24:04,586 --> 00:24:07,786 I have made law and order my business in parliament, Mr Garrow, 318 00:24:07,826 --> 00:24:14,066 but I fear I understand the law only as we legislate, and not as it is practised. 319 00:24:14,106 --> 00:24:16,786 Even an MP should not be quite so narrow. 320 00:24:16,826 --> 00:24:18,826 So you do attend the Old Bailey, Sir Arthur? 321 00:24:18,866 --> 00:24:21,386 I am fortunate to have the attendance of my wife there. 322 00:24:21,426 --> 00:24:27,466 - Mr Garrow, we are grateful that you did accept our invitation. - Lady Sarah. 323 00:24:29,506 --> 00:24:35,426 Well, I imagine those that see me at the bench would consider me there for my leisure and sport 324 00:24:35,466 --> 00:24:39,666 and Judge Buller certainly does think me very elegant alongside him. 325 00:24:39,706 --> 00:24:43,026 And how could you not look so, beside him! 326 00:24:43,266 --> 00:24:45,546 I'm not there for his decoration. 327 00:24:45,586 --> 00:24:50,406 But on my behalf, so that I'm informed from the very place where justice is dealt. 328 00:24:50,546 --> 00:24:53,666 The law be dealt there, but no justice. 329 00:24:58,826 --> 00:25:01,046 You will enlighten us? 330 00:25:01,486 --> 00:25:05,146 I am sorry if you feel a source of enquiry for a good dinner but 331 00:25:05,186 --> 00:25:09,146 I think at least you should have your dinner before you feel so used. 332 00:25:09,286 --> 00:25:13,026 The law is the concern of us all here. 333 00:25:13,066 --> 00:25:15,186 We are under siege in London from ruffianism. 334 00:25:15,226 --> 00:25:17,466 From Chick Lane to the Ratcliffe Highway. 335 00:25:17,506 --> 00:25:19,706 We all do well to employ our own watchmen. 336 00:25:19,746 --> 00:25:22,066 And form our own societies. 337 00:25:22,106 --> 00:25:25,706 You have heard of the Society for the Reformation of Manners, Mr Garrow? 338 00:25:25,726 --> 00:25:27,326 You campaign, Mrs Browning? 339 00:25:27,346 --> 00:25:31,426 We bring prosecutions in the hope that it will be... improving. 340 00:25:31,466 --> 00:25:38,386 Improving manners in illegitimacy, adultery, bawdy houses, molly houses, prostitution. 341 00:25:38,426 --> 00:25:42,746 - What's a molly house? - And what do you know of such? 342 00:25:42,986 --> 00:25:45,446 I pay attention at the Old Bailey as you would have me do is all. 343 00:25:45,486 --> 00:25:47,206 Pay attention to...? 344 00:25:47,646 --> 00:25:51,026 Sodomy, Mr Sowerby. Sodomy and catamites. 345 00:25:51,066 --> 00:25:53,666 Please sir, you may examine me. 346 00:25:55,946 --> 00:25:59,826 My wife did remark that your... 347 00:25:59,866 --> 00:26:02,226 defence of the prisoner was very... 348 00:26:03,546 --> 00:26:04,786 singular. 349 00:26:04,826 --> 00:26:07,106 It was why we did invite you here. 350 00:26:07,146 --> 00:26:11,186 You do not favour the protection of our society in prosecution? 351 00:26:11,226 --> 00:26:14,066 The Bloody Code upheld? 352 00:26:14,106 --> 00:26:16,506 The terror of the rope, the branding iron, 353 00:26:16,546 --> 00:26:19,666 the thief-takers' corruption that sends innocent men to Tyburn? 354 00:26:19,706 --> 00:26:23,746 And you think a battle amongst counsel the best way of arriving at the truth? 355 00:26:23,786 --> 00:26:27,586 The prisoner in the dock has been too long left to his fate for want of counsel. 356 00:26:27,626 --> 00:26:30,066 And is your loyalty to the prisoner, 357 00:26:30,106 --> 00:26:32,406 - or your fee? - My loyalty is to the truth. 358 00:26:32,446 --> 00:26:35,826 But you'll settle for finding a "not guilty" regardless of the truth? 359 00:26:35,846 --> 00:26:39,746 And you think we should eke out injustice all day long for one wrong verdict that may come between? 360 00:26:39,786 --> 00:26:41,786 I will not believe that the law is a lie. 361 00:26:41,826 --> 00:26:43,446 And I think I may be... 362 00:26:43,447 --> 00:26:49,486 better minded to listen to talk of reform were it not so bound up with the burgeoning prospects of defence counsel. 363 00:26:49,526 --> 00:26:50,946 Now there's a truth for you. 364 00:26:50,966 --> 00:26:57,386 "Did not the felon firmly fix his hope on flaw or jaw and so escape the rope?" 365 00:26:57,426 --> 00:27:03,346 "Justly he'd meet that fate without reprieve that comes when the Advocate fails to deceive." 366 00:27:05,546 --> 00:27:08,026 A good satire, sir. 367 00:27:08,466 --> 00:27:13,746 It seems your investigations into the law were concluded before they had begun. 368 00:27:13,986 --> 00:27:19,666 If I am not a source of satire for a good dinner, I will also not be a source of amusement for it. 369 00:27:31,246 --> 00:27:36,646 I remember my father teaching in the school where my education was under his superintendence. 370 00:27:37,906 --> 00:27:44,546 We were both mocked... him by his better born pupils for the plainness of his background 371 00:27:44,586 --> 00:27:48,466 and myself for the fact that no fee was paid for my education. 372 00:27:50,866 --> 00:27:53,706 My father's service was the fee. 373 00:27:53,746 --> 00:27:58,026 He suffered their insults behind his back, he never turned to face them down. 374 00:27:58,166 --> 00:28:00,146 And you were taken out? 375 00:28:00,186 --> 00:28:02,426 Because I would bite and scratch. 376 00:28:03,166 --> 00:28:06,026 They were for Oxford, I was articled. 377 00:28:06,266 --> 00:28:08,866 And I was grateful for it. 378 00:28:11,426 --> 00:28:13,226 And now? 379 00:28:13,766 --> 00:28:17,986 My dear friend, I thank you for your trust, but you should not have instructed me with the case. 380 00:28:18,026 --> 00:28:20,426 Well, now you are instructed at least. 381 00:28:20,466 --> 00:28:25,746 - But I was undone by my arrogance, my inexperience. - You lack manners. 382 00:28:25,786 --> 00:28:27,906 You were too angry. 383 00:28:27,946 --> 00:28:29,586 You lost control. 384 00:28:29,626 --> 00:28:32,586 And what did you mean to challenge Judge Buller? 385 00:28:32,626 --> 00:28:35,306 You are in the law, you cannot be in contempt of it. 386 00:28:35,346 --> 00:28:37,026 The law is itself is contemptible. 387 00:28:37,066 --> 00:28:40,146 Then perhaps you are not ready to practise it. 388 00:28:43,986 --> 00:28:47,446 Your new chambers are very commodious. 389 00:28:50,066 --> 00:28:52,226 If I still have use for them. 390 00:30:05,906 --> 00:30:11,826 It is a vile day at the Old Bailey when we are in want of eleventh-hour briefs from attorneys. 391 00:30:11,866 --> 00:30:17,546 A state of affairs you may well have to get used to permanently unless you begin to win. 392 00:30:17,586 --> 00:30:19,546 More than agreeable. 393 00:30:22,026 --> 00:30:23,846 Mr Silvester. 394 00:30:24,486 --> 00:30:26,126 A murder! 395 00:30:26,786 --> 00:30:31,266 And all prosecution witnesses already called before the coroner. 396 00:30:31,306 --> 00:30:32,786 Lunch will come early. 397 00:30:35,226 --> 00:30:38,186 Will! It was a prosecution brief. 398 00:30:38,226 --> 00:30:40,346 You could not trust me with such a case? 399 00:30:40,386 --> 00:30:44,846 I think... I think things came a little too quickly. 400 00:30:44,986 --> 00:30:48,586 "Here and there in the crowd we mark with pity," 401 00:30:48,626 --> 00:30:51,546 "for his too certain fate," 402 00:30:51,586 --> 00:30:57,346 "the careworn face of some self-educated peasant." 403 00:30:57,386 --> 00:31:02,366 "The ambition which has aspired his toil in the unwonted field of legal labour" 404 00:31:02,506 --> 00:31:05,666 "is doomed to inevitable blight." 405 00:31:09,146 --> 00:31:12,346 So, Mrs Tarling, the prisoner Elizabeth Jarvis 406 00:31:12,386 --> 00:31:16,706 came into your service as a servant some three weeks since? 407 00:31:16,746 --> 00:31:20,946 Yes, your honour. After a few days I suspected she was with child. 408 00:31:20,986 --> 00:31:23,706 She insisted she was not. 409 00:31:23,746 --> 00:31:27,746 If the magistrate thinks the case strong enough to go to trial, 410 00:31:27,786 --> 00:31:31,346 the Society will bring a prosecution upon this wretch. 411 00:31:31,386 --> 00:31:35,346 ...and found blood on the kitchen table and on the floor. 412 00:31:35,386 --> 00:31:39,666 I took a candle and followed the spots of blood 413 00:31:39,706 --> 00:31:42,346 into the coal cellar... Sorry. 414 00:31:42,386 --> 00:31:44,706 Pray continue, Mrs Tarling. 415 00:31:44,746 --> 00:31:46,906 I hope you will not find this too distressing. 416 00:31:46,946 --> 00:31:49,346 I am not concerned about myself. 417 00:31:49,946 --> 00:31:51,946 Who will defend her? 418 00:31:51,986 --> 00:31:54,786 She may ask God's mercy. 419 00:31:54,826 --> 00:31:58,546 A pair of stockings soaked in blood and... 420 00:31:58,586 --> 00:32:03,566 as I moved a box... the body of a dead child. 421 00:32:26,906 --> 00:32:30,146 Her name is Elizabeth Jarvis. 422 00:32:30,186 --> 00:32:33,586 She is committed for trial. Infanticide. 423 00:32:33,626 --> 00:32:38,026 - And you will pay for counsel? - I will pay for Mr Garrow. 424 00:32:39,586 --> 00:32:41,266 Mr Garrow? 425 00:32:41,306 --> 00:32:42,786 No other. 426 00:32:49,786 --> 00:32:52,266 [MEN LAUGH AND CHATTER] 427 00:32:55,446 --> 00:32:57,546 - Will. - Mr Southouse. 428 00:32:58,706 --> 00:33:03,406 You have a brief for me and I am like a dog called to its bowl. Thank you. 429 00:33:03,546 --> 00:33:06,546 - A tankard of ale, please. - Of course. 430 00:33:11,706 --> 00:33:15,366 How has a maidservant a guinea for her defence? 431 00:33:15,606 --> 00:33:19,826 A lady has a guinea and an inclination to help her. 432 00:33:19,866 --> 00:33:22,066 And you have an inclination to help me? 433 00:33:22,106 --> 00:33:25,106 We have to prove that the child was born dead. 434 00:33:25,146 --> 00:33:28,946 Otherwise the mother be presumed guilty of its murder. 435 00:33:28,986 --> 00:33:32,026 The presumption of innocence, of course, not applying in infanticide. 436 00:33:32,066 --> 00:33:33,786 Particularly when she is unmarried. 437 00:33:33,826 --> 00:33:36,586 Particularly when the birth was concealed. 438 00:33:36,626 --> 00:33:41,746 Regarded as usually conclusive evidence of the woman's guilt. 439 00:33:42,486 --> 00:33:45,286 And the evidence that would be in her favour? 440 00:33:45,306 --> 00:33:47,746 Did she confess the pregnancy? 441 00:33:47,786 --> 00:33:50,146 Did she seek assistance in labour? 442 00:33:50,186 --> 00:33:53,266 Did she prepare for birth by the collection of linen? 443 00:33:53,306 --> 00:33:55,806 And the answer to all three be "no"? 444 00:33:56,586 --> 00:34:00,586 And there is the presence of a bloody knife 445 00:34:00,626 --> 00:34:03,486 and a surgeon attesting to marks of violence. 446 00:34:03,526 --> 00:34:05,626 Mr Southouse, this is an unwinnable case. 447 00:34:05,666 --> 00:34:09,246 Previously you were a barrister with too much confidence, 448 00:34:09,286 --> 00:34:11,286 now you are one with none. 449 00:34:11,326 --> 00:34:13,406 All right, I will earn my guinea. But who has pledged it? 450 00:34:13,446 --> 00:34:16,646 Who has better faith than I that we can obtain an acquittal here? 451 00:34:16,686 --> 00:34:18,986 Her name is Lady Sarah Hill 452 00:34:19,326 --> 00:34:23,366 and she attended the magistrate's committal for her education. 453 00:34:23,406 --> 00:34:28,026 - Lady Sarah Hill instructed you? - And most expressly asked for you. 454 00:34:32,006 --> 00:34:36,346 Mrs Browning did almost drop her spoon when you left the room. 455 00:34:36,386 --> 00:34:38,786 Well, at least she will not try to enlist me for her society. 456 00:34:38,826 --> 00:34:42,826 You could not join the Reformation of Manners because you have none. 457 00:34:43,166 --> 00:34:46,366 I refuse to be reformed. And your husband? 458 00:34:46,606 --> 00:34:50,106 - He did not object. - Because he thinks I fled the argument. 459 00:34:50,146 --> 00:34:54,006 His beliefs are sincere and certain. 460 00:34:54,046 --> 00:34:55,966 But you do not share them? 461 00:34:56,206 --> 00:34:59,086 On this particular cause, no. 462 00:35:04,466 --> 00:35:07,506 My husband sat on a parliamentary committee 463 00:35:07,546 --> 00:35:10,766 with the aim of reforming the law on infanticide. 464 00:35:10,786 --> 00:35:15,026 It was suggested that a lesser charge -- concealment -- be instigated in its place. 465 00:35:15,046 --> 00:35:16,926 Your husband was an opponent to change? 466 00:35:16,966 --> 00:35:18,926 Concealment carries a two-year sentence. 467 00:35:18,966 --> 00:35:24,086 He was still of the opinion that women who bring forth bastards should be hung. 468 00:35:24,226 --> 00:35:27,726 - You have read on the subject? - Secretly, 469 00:35:27,766 --> 00:35:31,026 from the papers that lay in my husband's study. 470 00:35:31,566 --> 00:35:35,246 Mrs Browning is convinced that in Elizabeth Jarvis 471 00:35:35,286 --> 00:35:39,066 they will punish sexual licentiousness and loose morals. 472 00:35:39,106 --> 00:35:44,226 I only saw a young woman trapped and overwhelmed with fear. 473 00:35:44,966 --> 00:35:47,886 But you are not afraid yourself, I think? 474 00:35:49,046 --> 00:35:53,406 My husband would consider my participation in this an infidelity. 475 00:35:53,446 --> 00:35:56,326 Well, it shall remain a confidence we share. 476 00:35:56,666 --> 00:36:01,366 But in defence, and in this case above all, I am disadvantaged in law. 477 00:36:01,406 --> 00:36:05,666 Then you shall have all the evidence I noted in the magistrate's parlour. 478 00:36:06,006 --> 00:36:08,986 I believe I am fortunate to have made your acquaintance. 479 00:36:09,026 --> 00:36:12,026 And fortune may allow us to prevail. 480 00:36:14,346 --> 00:36:18,246 - To Newgate? But it's not permissible. - Why? 481 00:36:18,286 --> 00:36:22,046 - It's not etiquette. - You would prefer taste to justice? 482 00:36:22,086 --> 00:36:24,846 I must know more than in the brief allowed. I must see the prisoner! 483 00:36:24,886 --> 00:36:28,886 I am the attorney. I talk to the client, I make the preparation! 484 00:36:29,126 --> 00:36:31,486 You do not trust my services all of a sudden? 485 00:36:31,526 --> 00:36:35,046 I do not trust myself, Mr Southouse. 486 00:36:35,086 --> 00:36:37,486 It is not a wish to flout conventions, 487 00:36:37,526 --> 00:36:42,006 it is simply thoroughness to ensure that all ground is covered in this case. 488 00:36:42,046 --> 00:36:45,646 And that I am truly prepared. Where before I was not. 489 00:36:45,686 --> 00:36:50,546 - Well, if it comes from humility, then happily. - Good, excellent. 490 00:36:50,586 --> 00:36:52,526 Lady Sarah will meet us there. 491 00:36:52,566 --> 00:36:54,786 Lady Sarah, how so? 492 00:36:59,286 --> 00:37:03,886 Elizabeth... you lied about not being pregnant. 493 00:37:03,926 --> 00:37:06,946 You then attempted to conceal the birth. 494 00:37:07,186 --> 00:37:11,186 Explain to me as counsel for the prosecution would have you do. 495 00:37:11,726 --> 00:37:15,986 The knowledge of my pregnancy would bring about my dismissal, sir. 496 00:37:16,126 --> 00:37:19,846 And I would have left that residence with no character reference 497 00:37:19,886 --> 00:37:23,886 and little chance I'd be taken into service again. 498 00:37:24,526 --> 00:37:27,146 And I did not want to own my shame. 499 00:37:27,347 --> 00:37:29,147 You prepared no linen. 500 00:37:29,386 --> 00:37:32,486 I had not the wits or the wherewithal to plan anything. 501 00:37:32,526 --> 00:37:35,246 You had the wherewithal for a knife, Elizabeth. 502 00:37:35,486 --> 00:37:40,326 You had the wits to know that you would cut the navel string. That's no modesty, that was cold experience. 503 00:37:41,926 --> 00:37:46,446 - Well? - I knew I had to separate the child from me. 504 00:37:46,486 --> 00:37:50,446 Bodily, yes. And in life, at first? Did you want this child dead, so you could live? 505 00:37:50,486 --> 00:37:55,206 The child was already dead, sir! But if it had lived... 506 00:37:55,246 --> 00:37:58,606 Would you have killed it? Would you? Look at me!! 507 00:37:59,506 --> 00:38:05,466 I would have hid it, in the hope that it would be found alive and well and looked after. 508 00:38:05,506 --> 00:38:09,266 And never have to follow in the low ways of its mother. 509 00:38:10,146 --> 00:38:12,206 Gaoler? 510 00:38:17,566 --> 00:38:19,566 You would go there for thoroughness? 511 00:38:19,606 --> 00:38:21,986 You simply convinced her of her own worthlessness. 512 00:38:22,026 --> 00:38:23,826 And convinced myself of her innocence. 513 00:38:23,846 --> 00:38:26,286 You think to play rough tricks to prepare your defence? 514 00:38:26,326 --> 00:38:28,526 I am in want of rough tricks. I am learning some. 515 00:38:28,566 --> 00:38:33,566 - Her innocence may be established in court, not in Newgate. - Maybe? 516 00:38:33,606 --> 00:38:36,606 By casting polite doubt on the eyesight of the prosecutrix? 517 00:38:36,626 --> 00:38:40,246 Or the obtaining of an acquaintance of Elizabeth as character witness? That will not suffice! 518 00:38:40,266 --> 00:38:46,466 - You cannot insult your way to an acquittal. It was your mistake before. - That I was not rude enough was my mistake! 519 00:38:46,906 --> 00:38:49,586 I have no other means but to destroy the prosecutrix 520 00:38:49,596 --> 00:38:52,546 and make war with her counsel. What would you have me say after the trial? 521 00:38:52,586 --> 00:38:55,526 "I am in no way satisfied the jury were right in finding the prisoner guilty" 522 00:38:55,566 --> 00:38:58,586 "but at least everything was carried out with the utmost decorum." 523 00:38:58,596 --> 00:39:01,726 The life of Elizabeth Jarvis is at stake 524 00:39:01,766 --> 00:39:05,766 in solemn and polished injustice. I must be a ruffian to get at the truth, 525 00:39:06,006 --> 00:39:10,046 I must confront the Gentlemen of the Old Bailey to save her life. 526 00:39:12,766 --> 00:39:16,296 Lady Sarah. I am sorry you were in attendance, but... 527 00:39:16,306 --> 00:39:17,686 Nonsense! 528 00:39:18,326 --> 00:39:20,566 I am gratified to hear it. 529 00:39:21,567 --> 00:39:22,467 Well... 530 00:39:22,806 --> 00:39:25,986 Well, then, if you are going to insult, 531 00:39:25,996 --> 00:39:29,726 your tongue must at least be well prepared with the sharpest of facts. 532 00:39:29,766 --> 00:39:32,966 Which it is my job, as attorney, as your attorney... 533 00:39:33,006 --> 00:39:35,286 As a fact, I've already arranged an appointment. 534 00:39:35,326 --> 00:39:37,066 Oh? Where? 535 00:39:37,406 --> 00:39:39,486 We are to meet a surgeon. 536 00:39:46,926 --> 00:39:48,926 [WOMAN SCREAMS IN AGONY] 537 00:40:03,666 --> 00:40:05,346 And these? 538 00:40:05,686 --> 00:40:08,226 Well, these are the forceps. 539 00:40:10,786 --> 00:40:12,426 And these? 540 00:40:13,166 --> 00:40:18,326 - To cut the navel string, in certain circumstances. - Such as? 541 00:40:18,366 --> 00:40:21,886 When it's around the baby's throat. 542 00:40:23,346 --> 00:40:26,426 Now, you wish to see the mortuary? 543 00:40:28,966 --> 00:40:32,046 In particular, the lungs of infants recently dead. 544 00:40:32,086 --> 00:40:34,786 Certainly, there are new cadavers there now. 545 00:40:36,086 --> 00:40:41,146 By preparation I meant black letter law and statutes, not this atrocity! 546 00:41:12,406 --> 00:41:18,246 Elizabeth Jarvis was indicted for that she, on the 29th April last, 547 00:41:18,286 --> 00:41:22,186 at the parish of Marylebone, being big with a certain female child, 548 00:41:22,226 --> 00:41:26,006 the said female child, alone and secretly from her body 549 00:41:26,026 --> 00:41:29,846 by the providence of God, did bring forth alive, 550 00:41:29,886 --> 00:41:32,606 which said child, being so born alive... 551 00:41:32,646 --> 00:41:35,726 Everybody does look at me. Where do I look? 552 00:41:35,746 --> 00:41:38,936 Fix your eyes on me, in hope you see your acquittal. 553 00:41:38,946 --> 00:41:42,686 ...But being moved and seduced by the instigation of the devil 554 00:41:42,726 --> 00:41:47,046 feloniously and wilfully and of her malice aforethought... 555 00:41:47,586 --> 00:41:51,626 You listen for some mistake in the indictment to get the case thrown out? 556 00:41:51,666 --> 00:41:55,746 A forlorn hope, but at least you are learning your law , Mr Garrow. 557 00:41:55,766 --> 00:41:57,886 Improvement will surely follow, 558 00:41:57,926 --> 00:42:02,206 if not quite enough for acquittal of this careless spinster. 559 00:42:07,766 --> 00:42:12,046 Mrs Tarling, could you tell me what happened that morning? 560 00:42:12,086 --> 00:42:14,526 I went to the prisoner's room with my niece. 561 00:42:14,566 --> 00:42:16,606 I found the prisoner in bed. 562 00:42:16,646 --> 00:42:19,706 And you found her, apart from horizontal... 563 00:42:20,627 --> 00:42:21,627 Sir? 564 00:42:22,166 --> 00:42:25,926 - Her manner? - She said she felt better. 565 00:42:25,966 --> 00:42:27,966 She felt better. 566 00:42:28,006 --> 00:42:31,346 The baby was downstairs dead, and she felt better? 567 00:42:31,686 --> 00:42:35,686 By this, presumably, you mean she felt relieved and glad? 568 00:42:35,726 --> 00:42:38,366 - I mean she... - Sanguine and very calm... 569 00:42:38,386 --> 00:42:43,286 - M'lord, may the witness not be the subject of Mr. Sylvester's ventriloquism. - I put no words into the mouth of the witness. 570 00:42:43,306 --> 00:42:48,366 - You lead her like a farmer that brings a cow to market! - M'Lord, my friend speaks with the 571 00:42:48,406 --> 00:42:53,346 - The cow very sickly, the farmer selling it hasty. - Mr Garrow! 572 00:42:55,646 --> 00:42:58,906 - Continue, Mr Silvester. - My lord. 573 00:42:59,246 --> 00:43:00,926 You addressed her in her room... 574 00:43:01,366 --> 00:43:03,126 as she lay there... 575 00:43:03,466 --> 00:43:05,026 feeling better? 576 00:43:05,366 --> 00:43:06,626 Yes, sir. 577 00:43:07,166 --> 00:43:08,886 And what did you say to her? 578 00:43:09,126 --> 00:43:12,726 I told her it was a very sad thing, and... 579 00:43:12,966 --> 00:43:16,886 - how could she do so cruel an act? - And her reply? 580 00:43:17,126 --> 00:43:19,886 "Do what, Mrs Tarling?", she said. 581 00:43:20,326 --> 00:43:22,166 She would not own it? 582 00:43:22,206 --> 00:43:26,006 I spoke more plain. And I asked her how she could destroy the poor little creature. 583 00:43:26,046 --> 00:43:27,766 And she responded? 584 00:43:27,806 --> 00:43:29,866 She made no answer. 585 00:43:31,326 --> 00:43:34,826 She made no answer. 586 00:43:36,146 --> 00:43:38,726 I have no more questions, my lord. 587 00:43:40,006 --> 00:43:41,946 Mrs Tarling... 588 00:43:44,086 --> 00:43:47,866 Do you remember the account of this you gave to the magistrate? - I do. 589 00:43:48,206 --> 00:43:50,166 Do you remember that you swore it? 590 00:43:50,206 --> 00:43:51,866 I do. 591 00:43:52,206 --> 00:43:57,046 I've just heard you tell my learned friend the prisoner gave you no answer. 592 00:43:57,086 --> 00:44:01,146 - Is that the end of what passed between you? - I cannot recall. 593 00:44:01,156 --> 00:44:06,186 You say you asked her how she could destroy the poor creature and she gave you no answer. 594 00:44:08,906 --> 00:44:12,666 I put it to you that you then asked her why she did so. 595 00:44:12,686 --> 00:44:17,206 - That may be so. - Please, try to recall what you have already sworn to. 596 00:44:18,046 --> 00:44:21,206 I think I asked her if... 597 00:44:21,246 --> 00:44:25,126 if she destroyed it to prevent its crying. 598 00:44:25,166 --> 00:44:28,966 You asked her if she destroyed it to prevent its crying, yes or no? 599 00:44:28,976 --> 00:44:31,526 - Yes, I did, sir. - And how did the prisoner respond? 600 00:44:31,566 --> 00:44:35,166 - I cannot recall. - Please try! - I cannot. 601 00:44:35,186 --> 00:44:39,806 That this young woman may be executed in consequence of your evidence, would you not venture to recall?! 602 00:44:39,846 --> 00:44:42,086 - My lord, this is very rough! - Why do you tremble so? 603 00:44:42,126 --> 00:44:46,526 - This is an onerous occasion. - Yes, my client's life is at stake! 604 00:44:46,766 --> 00:44:50,586 Now would you please recall what you swore in front of the magistrate? 605 00:44:50,626 --> 00:44:53,386 Or is the truth now too inconvenient to own? 606 00:44:53,387 --> 00:44:54,787 - No. - Good. 607 00:44:54,926 --> 00:44:57,746 Please look at the jury as you do so. 608 00:44:58,806 --> 00:45:00,606 Very well. 609 00:45:01,766 --> 00:45:03,246 She said... 610 00:45:03,686 --> 00:45:05,706 It did not cry. 611 00:45:07,146 --> 00:45:09,466 It never cried. 612 00:45:16,766 --> 00:45:18,566 It did not cry. 613 00:45:19,406 --> 00:45:21,566 It never cried. 614 00:45:22,306 --> 00:45:24,446 It had no breath to cry. 615 00:45:24,786 --> 00:45:28,106 It was still and silent and unmoving. 616 00:45:29,246 --> 00:45:31,446 It was dead when it was born. 617 00:45:31,586 --> 00:45:34,766 - Court shall adjourn for lunch. - Court shall rise. 618 00:45:34,806 --> 00:45:37,086 My lord, I have not finished cross-examining the witness. 619 00:45:37,096 --> 00:45:41,446 It is MY court, Mr Garrow, and I shall determine the fate of my lamb chops 620 00:45:41,486 --> 00:45:44,886 as ruthlessly as I determine the law here. 621 00:45:50,846 --> 00:45:55,686 Sometimes a mouth must simply allow chewing as its function. 622 00:46:00,926 --> 00:46:05,666 The prisoner used to speak to clear himself or hang himself. 623 00:46:05,696 --> 00:46:10,486 Now the prisoner is silent, we have the eloquent hectoring of Mr Garrow. 624 00:46:10,526 --> 00:46:14,726 - In a cause not his own. - Judge, it may not be his cause 625 00:46:14,766 --> 00:46:19,286 but surely the defence of the accused is progress and therefore some improvement? 626 00:46:19,326 --> 00:46:25,966 Improvement, madam? How can it be improvement in my own court, where I play a lesser part? 627 00:46:27,006 --> 00:46:30,926 Am I merely there to temper Mr Garrow's reign of terror? 628 00:46:30,966 --> 00:46:37,046 I shall have to put out my leg to trip up the coming of these lawyers, or I will be trampled underfoot! 629 00:46:37,186 --> 00:46:39,486 [POLITE LAUGHTER] 630 00:46:46,946 --> 00:46:50,326 Doctor, after you made examination of the child, 631 00:46:50,366 --> 00:46:55,926 would your opinion be that it was alive or dead at the time the wound to the throat was inflicted? 632 00:46:55,946 --> 00:46:57,546 Oh, alive. 633 00:46:57,686 --> 00:47:02,746 In wounds made on a living subject, the edges are always red, and diverted. Or turned out. 634 00:47:02,766 --> 00:47:07,606 and there are little spots of coagulated blood from the extremities of the blood vessels. 635 00:47:07,646 --> 00:47:11,846 Now that would be caused by the coagulation of blood just before death. 636 00:47:11,886 --> 00:47:15,126 - Did you open the body of the child? - I did. 637 00:47:15,166 --> 00:47:18,486 It was the body of a full-grown, mature, healthy child. 638 00:47:18,526 --> 00:47:21,886 The lungs were fully inflated which would not have been the case 639 00:47:21,896 --> 00:47:24,686 had not the child breathed for some little time. 640 00:47:24,726 --> 00:47:29,866 In other words, the child had been alive when it was cut with the knife. 641 00:47:29,906 --> 00:47:31,286 That is so. 642 00:47:31,526 --> 00:47:33,086 Poor little wretch. 643 00:47:33,326 --> 00:47:35,486 [SHOTS AND MURMURS FROM COURT] 644 00:47:40,726 --> 00:47:44,646 - Circulation continues after death, does it not? - Yes. 645 00:47:44,686 --> 00:47:48,126 So those appearances that you spoke of could equally occur after death? 646 00:47:48,166 --> 00:47:53,266 I should say not. Unless... a very few minutes after death possibly. 647 00:47:53,286 --> 00:47:56,086 But my experience has not been such. 648 00:47:56,526 --> 00:48:01,386 And I understand the test to which you subjected the lungs is called the hydrostatic test? - Yes. 649 00:48:01,626 --> 00:48:07,286 - And you have read Beck and Taylor's work on medical jurisprudence? - They are High authorities on that subject. 650 00:48:07,326 --> 00:48:14,926 Indeed they are. Well, you will tell me whether you subscribe to this doctrine of Professor Taylor. 651 00:48:14,966 --> 00:48:19,086 "The hydrostatic test is no more capable of showing that a child has been born alive 652 00:48:19,126 --> 00:48:23,406 "than it is of proving whether it has been murdered or died of natural causes." 653 00:48:23,446 --> 00:48:26,466 In other words, the exercise is worthless is it not? 654 00:48:26,806 --> 00:48:28,806 My own experience tells me... 655 00:48:29,046 --> 00:48:32,606 Then the highest authority on this subject is incorrect? 656 00:48:37,166 --> 00:48:43,566 Well, I have never before engaged professionally on an inquiry of this nature. 657 00:48:43,606 --> 00:48:49,086 Oh, really, then you are some kind of beginner? Your own experience doesn't mean very much. - Mr Garrow? 658 00:48:49,126 --> 00:48:53,006 If you have the work of Professor Taylor alongside you, 659 00:48:53,046 --> 00:48:56,206 may I suggest you read out the relevant excerpt in court. 660 00:48:59,366 --> 00:49:01,126 Yes, your honour. 661 00:49:08,106 --> 00:49:11,346 Who is this man? Is this man an attorney? 662 00:49:12,086 --> 00:49:13,966 Junior counsel, my lord. 663 00:49:21,126 --> 00:49:26,406 "The majority of those who have made experiments upon this subject have only pretended to show, 664 00:49:26,446 --> 00:49:30,926 "by the use of this and other tests, whether or not a child has breathed." 665 00:49:30,966 --> 00:49:34,566 Is that you, sir? Conducting unreliable experiments? 666 00:49:34,606 --> 00:49:38,726 Pronouncing solemnly on scientific advancements that actually advance nothing? 667 00:49:38,766 --> 00:49:43,246 The child breathed with some force. It was a vital act. 668 00:49:43,286 --> 00:49:46,226 And how would it have breathed with a cord around its neck? 669 00:49:46,246 --> 00:49:48,206 Enough for the lungs to inflate! 670 00:49:48,246 --> 00:49:50,686 Dear me, sir, how your lungs inflate. 671 00:49:50,726 --> 00:49:53,766 [LAUGHTER] 672 00:50:04,086 --> 00:50:07,526 - Do you recognise these, Mr Herring? - Yes. 673 00:50:07,566 --> 00:50:09,286 They're used in some deliveries. 674 00:50:09,326 --> 00:50:13,806 They are used, are they're not, in cases where the navel string, 675 00:50:13,846 --> 00:50:17,346 the umbilical cord, is twisted around the neck of the child. 676 00:50:17,386 --> 00:50:19,426 - I believe so. - You believe so? 677 00:50:19,446 --> 00:50:21,166 I have not used them. 678 00:50:21,266 --> 00:50:27,366 I believe the process of cutting the cord in such circumstances is considered so hazardous 679 00:50:27,406 --> 00:50:31,406 that this peculiar pair of scissors is manufactured for the purpose, is it not? 680 00:50:31,446 --> 00:50:36,406 To prevent, by accident, an incision in the throat of a child? 681 00:50:36,446 --> 00:50:37,926 Mr Garrow... 682 00:50:41,726 --> 00:50:45,206 - I have never cut the cord from a child's neck. - From design? 683 00:50:45,246 --> 00:50:47,846 I have never had the experience of such an event. 684 00:50:47,886 --> 00:50:50,126 Really? Oh, dear, oh, dear. 685 00:50:50,166 --> 00:50:54,006 Precisely how many children have you delivered? - Several. 686 00:50:54,046 --> 00:50:56,646 - A dozen or... - Well, one or the other, Mr Herring. 687 00:50:56,686 --> 00:50:59,246 It is not my specialism. 688 00:50:59,286 --> 00:51:01,966 Poor fellow, you are without the necessary competence once again. 689 00:51:02,006 --> 00:51:05,886 - My lord, this is bullying. - Curb your tongue, Mr Garrow. 690 00:51:06,026 --> 00:51:07,446 Yes, your honour. 691 00:51:08,086 --> 00:51:10,966 Despite your lack of expertise, 692 00:51:11,006 --> 00:51:15,706 you do acknowledge that cutting the cord from a child's neck may cause an incision there. 693 00:51:16,146 --> 00:51:18,106 It's a possibility. 694 00:51:19,246 --> 00:51:22,046 Very well. 695 00:51:22,086 --> 00:51:24,206 Can you not say... 696 00:51:24,446 --> 00:51:30,566 that a female in such circumstances as unassisted labour, may from pain and anxiety, 697 00:51:30,606 --> 00:51:33,146 become deprived of all judgment, 698 00:51:33,286 --> 00:51:38,246 cause an incision by accident in the throat of a child? 699 00:51:38,486 --> 00:51:42,526 A child who was fatally compromised by the cord around its neck... 700 00:51:43,066 --> 00:51:45,706 and therefore dead 701 00:51:46,046 --> 00:51:50,966 and from whom this poor mother was naturally anxious to remove herself? 702 00:51:51,006 --> 00:51:54,726 My lord, my learned friend is addressing the jury. 703 00:51:54,766 --> 00:51:56,806 My lord, I'm merely looking their way. 704 00:51:56,846 --> 00:52:00,006 You may not address them with your mouth or your eyes. 705 00:52:00,046 --> 00:52:03,186 - I know the limitations of my defence. - As do I! 706 00:52:04,286 --> 00:52:08,646 Perhaps you would like the witness to provide an answer to your... speech. 707 00:52:08,686 --> 00:52:12,586 - It is my fervent wish. - Then put it to him more succinctly. 708 00:52:14,886 --> 00:52:17,126 I put it to you, Mr Herring, 709 00:52:17,166 --> 00:52:21,366 that the wound to the child's throat was not a mark of violence at all 710 00:52:21,406 --> 00:52:23,926 but a sad sign of desperation. 711 00:52:23,966 --> 00:52:28,646 She cut her offspring's neck because she did not know what she was doing. 712 00:52:34,846 --> 00:52:37,846 It may be so. 713 00:52:42,006 --> 00:52:44,826 Court will adjourn for a short time. 714 00:52:44,866 --> 00:52:46,826 Court shall rise. 715 00:52:49,106 --> 00:52:55,026 I was earlier detained by some doubtful lamb chops and I fear they may detain me again. 716 00:53:05,286 --> 00:53:09,426 - You think it goes well, Mr Southouse? - I think we head towards acquittal. 717 00:53:09,466 --> 00:53:13,446 - The judge is determined that you shall lose. - How so? 718 00:53:13,486 --> 00:53:16,006 In the way that he will direct the jury. 719 00:53:20,486 --> 00:53:22,766 What can be done, Mr Southouse? 720 00:53:22,796 --> 00:53:25,646 If he is determined, there is nothing to be done. 721 00:53:28,446 --> 00:53:30,086 Will? 722 00:53:35,686 --> 00:53:37,046 Court shall rise. 723 00:53:38,566 --> 00:53:43,806 I cannot address the jury directly so the court must hear your voice. 724 00:53:43,846 --> 00:53:47,886 - What do I say? - How you did defend yourself to me in Newgate. 725 00:53:47,926 --> 00:53:50,006 Remember how you were in Newgate. 726 00:53:50,046 --> 00:53:51,746 - Mr Silvester. - My lord? 727 00:53:51,747 --> 00:53:54,527 Do you wish to call any more witnesses? - None, my lord. 728 00:53:54,566 --> 00:54:00,066 - Mr Garrow, any witnesses as to the defendant's character? - None, my lord. 729 00:54:01,026 --> 00:54:02,586 Very well. 730 00:54:03,726 --> 00:54:05,606 Sir... 731 00:54:05,746 --> 00:54:07,706 if I may... 732 00:54:14,386 --> 00:54:16,946 I could not own to the pregnancy 733 00:54:17,186 --> 00:54:20,026 because I could not bear it to be true. 734 00:54:21,426 --> 00:54:23,606 But I held... 735 00:54:25,666 --> 00:54:29,546 ..I held my child in the cellar 736 00:54:29,586 --> 00:54:33,506 as its flesh grew colder and colder... 737 00:54:34,866 --> 00:54:38,386 ..until I grew cold next to her. 738 00:54:40,066 --> 00:54:42,826 I did not sleep that night. 739 00:54:42,866 --> 00:54:46,626 I did not wash her blood from me. I would not. 740 00:54:46,666 --> 00:54:49,126 It was also my blood. 741 00:54:50,906 --> 00:54:54,526 My baby did not suffer in life. 742 00:54:55,166 --> 00:54:58,646 My baby was born at peace. 743 00:55:08,566 --> 00:55:14,726 The single question here is whether the mother has proved that the infant was born dead. 744 00:55:14,766 --> 00:55:18,546 I draw your attention to grievous wounds at the child's throat. 745 00:55:18,566 --> 00:55:21,126 I draw your attention to the fact 746 00:55:21,527 --> 00:55:27,726 the young woman had provided no things for the child. No clothing, no linen. 747 00:55:27,966 --> 00:55:32,866 It suggests that she was in no way prepared for the arrival of the child, 748 00:55:32,906 --> 00:55:36,986 had no intention of keeping it. 749 00:55:37,026 --> 00:55:42,266 To be sure, in this case there is evidence to convict of the crime of wilful murder. 750 00:55:42,406 --> 00:55:46,606 You will confer and reach a verdict. 751 00:55:49,066 --> 00:55:51,926 [JURY CONFERS IN WHISPERS] 752 00:56:09,466 --> 00:56:12,586 - You have reached a verdict? - We have. 753 00:56:12,626 --> 00:56:16,786 How do you find the prisoner charged with this indictment? Guilty or not guilty? 754 00:56:16,826 --> 00:56:19,526 Not guilty. [HUBBUB IN COURT] 755 00:56:25,906 --> 00:56:28,886 The prisoner is free to go. 756 00:56:39,146 --> 00:56:42,146 You think I play the law as a game for gentlemen. 757 00:56:42,186 --> 00:56:44,186 You're not wrong. 758 00:56:44,226 --> 00:56:48,706 But now, sir, you will find me in earnest. 759 00:56:58,266 --> 00:57:00,726 Mr Garrow, you are also free to go, 760 00:57:00,866 --> 00:57:04,746 unless of course you intend to defend every prisoner here today? 761 00:57:04,986 --> 00:57:08,566 Not today, my lord, but perhaps tomorrow. 762 00:57:13,206 --> 00:57:14,926 Next prisoner! 763 00:57:18,126 --> 00:57:20,346 I owe you my life, Mr Garrow. 764 00:57:20,386 --> 00:57:23,746 It should not have been at stake. But you will thrive now. 765 00:57:23,786 --> 00:57:26,846 With a reference, I may have hope of some employment. 766 00:57:26,847 --> 00:57:30,147 - Mr Southouse? - Gladly. 767 00:57:31,206 --> 00:57:33,386 Thank you... 768 00:57:33,826 --> 00:57:36,446 Thank you, both. 769 00:57:46,906 --> 00:57:49,666 Thank God you did not disappoint me. 770 00:57:49,706 --> 00:57:54,146 And now perhaps by association with me, you will not be blackened further as a Newgate solicitor. 771 00:57:54,166 --> 00:57:57,426 By association with you I may find some other trouble altogether. 772 00:57:57,466 --> 00:58:00,026 I shall change the trial forever. 773 00:58:00,066 --> 00:58:03,466 Then you shall make enemies, Mr Garrow. 774 00:58:05,106 --> 00:58:08,866 I hope there shall be some who will favour me. 775 00:58:26,306 --> 00:58:28,486 Oh! [WOMAN SCREAMS] 776 00:58:28,526 --> 00:58:30,426 I cannot do what is not in my heart to do. 777 00:58:30,466 --> 00:58:33,906 You were called to the bar. They do not announce your heart there! 778 00:58:33,946 --> 00:58:37,026 That man is the monster! He is the monster that did attack me! 779 00:58:37,066 --> 00:58:41,266 You no longer find favour with the public gallery, Mr Garrow. 780 00:58:41,276 --> 00:58:43,626 I would happily lay my hands on you, Rawlings! 781 00:58:44,066 --> 00:58:48,046 Madam, your agitation seems to occur at the most convenient time! 782 00:59:09,106 --> 00:59:14,186 Subtitles by Red Bee Media Ltd 2009 - corrected by Rubens - 783 00:59:14,236 --> 00:59:18,786 Repair and Synchronization by Easy Subtitles Synchronizer 1.0.0.0 67360

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