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Judas!
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My client's life is at stake!
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Guilty.No!
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No! No!
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Are you the monster?
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SCREAMS
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Thou must be a ruffian to get at the truth.
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The court is yours not Garrow's.
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You are not sentenced yet.
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Are you aware of the role this trial will play in our nation's history?
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He was slain by them!You may have trained me but you do not own me.
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Blast your eyes, you damned bitch!
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Mr Garrow!
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These are the men who will decide what charge you face.
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Your law is weak if men can bend it to their will.
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Damn the lot of you! This is a lynching, not a trial!
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Next prisoner!
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Eliza Radnell, spinster was indicted for that she on the 26th of April...
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Oh, please take pity, sirs, tis my wife.
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..house of Thomas Langstaffe did breach and enter,
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no person being therein and stealing
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thenceone linen shift, one pair of worsted stockings, twelvepence.
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I call the prosecutrix, Mrs Mary Langstaffe.
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Would that the jury concentrate as much as you.
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Then this would be a much improved place.
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As for your place, it is not here alas.Just one more case!
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You are not employed here.
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Will!
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I came home and found her within.
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I asked her how she got in, she could not tell.
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I asked her what business she had with my things, she could not tell.
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I got assistance and kept her there until the parish beadle came over.
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Mr Crompton will not be pleased.
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It is drudgery there.
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I was not called to the bar to be buried in book dust.
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The prisoner shall speak for herself in her own defence.
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And again and as ever, no defence counsel for the prisoner.
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I beg your pardon, sir, but I had drunk part of four pints of two penny.
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I let myself in the house to sleep, I put the clothes on for warmth.
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LAUGHTER
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Jurymen, consider your verdict.
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You have reached a verdict?Guilty!
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No! CHEERING
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It did not take them long to confer.
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The sentence is branding.
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No!Relative to transportation, it is a mercy.
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But she may have been telling the truth, that she was not guilty.
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The wisdom of the court observes that it requires no manner of skill to make a plain and honest defence.
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But it will, one day it will. SHE SCREAMS
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BRANDING HISSES JEERING
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An acquittal shall follow!
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Will, when you have a criminal brief, it will be your duty to address a court of law but not now.
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Nicholas Porter is indicted for stealing two fat hogs
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value 40 shillings and 18live fowls value nine shillings...
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Mr Southouse!
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You have business in there this afternoon?
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A silk merchant prosecuted by a creditor with half a guinea to enlist me as his attorney.
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Is he in need of counsel, I should very much like to help.
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You should hurry.
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Mr Garrow?
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Mr Crompton.
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Brandy here. This man's not long been robbed at gunpoint!
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Come on. Come and sit down.
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The wretch clapped a pistol to my breast and demanded my money!
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Whoa!
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You robbed this gentleman, you wretch. And now you'll be brought to justice.
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Mr Southouse! I've never been inside Newgate, I would learn from it.
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I'm not there to furnish you with experience.
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Well, what then?A very faithful and sincere young woman has
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sold half her possessions to pay for my service on behalf of her brother.
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It is a limited service, you cannot appear in court, you may tell him
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who and what is sworn against him and help prepare his speech...
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And it may save his life.It may.
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Mr Southouse, I promise I will not speak I will merely observe.
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I have seen you observe at the Old Bailey.
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Your eyes are very busy as is your mouth, unfortunately.I cannot stay in the Pleader's Office!
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Then head for Quarter Sessions.
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Pass paupers from one parish to another! Oppose dancing licences...
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I will be an Old Bailey barrister
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and I will seek any attorney for my briefs but I would rather you embraced me, dear mentor.
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Very well...
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but in silence.
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Mr Southouse, always a pleasure to see you going about your business.
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My er...
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His humble servant.
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Peter Pace, please.
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This way, gentlemen.
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So, the young lady's brother was brought before the justice for violent theft and highway robbery.
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Half a guinea is a not inconsiderable sum...
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but for his life, it may be a bargain.
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Thank you.
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Peter, this is Mr Southouse your attorney.
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I never saw my accusers at all until they come up to me and knocked me off my horse.
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They stamped on my head, they said they would butcher me for what I done.
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They said, "Damn his eyes, kill him!"
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My pen is not yet out of my pocket, Mr Pace.
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Please...
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Now then, tell me, at magistrate's court, what passed?
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I cannot exactly recall.
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My mind was not set right.
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Mr Grove, the prosecutor swore he was the highwayman.
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The charge says that two shillings were stolen.
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They did not find me two shillings richer.
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You were searched immediately? I was more set upon...
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and then brought along. You were in want of money?
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Sir?Will!
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Did you see an opportunity?
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A man, alone on a deserted road. You will wait outside!
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The man you overtook put a pistol to his cheek and then discarded it.
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Never! Explain this! Who is this accuser?
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Mr Garrow. Apprentice to me at 15...
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But too gifted in law to be a mere attorney.
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Come, sir, you can speak freely. Black is white and white is black,
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according as we are paid, our loyalty is to the client, not to the truth.
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William!Speak freely?
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Oh, I have a language for you, sir.
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Damn you both if you would take a guinea from me or my sister and think to have me lie.
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I will not have you!
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Good.
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Excellent. Well said.
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You will not give a better testimony.
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Oh! Oh, I see.
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You do?He puts it to me and I...
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Excellent, sir.
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And am I blessed to have the both of you to serve me?
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A...not...
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Mr Garrow is a barrister.
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I would be bound to instruct him.
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Then do so. Mary?
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But the cost of a barrister, madam.
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Half a guinea?
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I'm afraid that will not... Half a guinea.
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Half a guinea.
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You are instructed.
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I am instructed. Attorney and counsel.
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This goes well.This goes very well.
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SHUFFLES PAPER Mr Garrow?
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Mr Crompton.
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Will... William!
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You will concentrate here.
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This is the brief.It is.
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It s very thin.Well, you're not allowed tosee the indictment.
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You are refused copies of the deposition sworn against your client.
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You are not permitted to visit your client while he is in Newgate.
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When you are at the Old Bailey you will not be allowed to address the jury, make an opening statement
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or a closing speech.
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You may call witnesses as to the prisoner's character but they are not bound to appear.
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In fact, not only is it impermissible for counsel to make a full defence,
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it is barely allowable for them to actually win a case.
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Hence the thinness of your papers.
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But in the meantime, Mr Southouse, what have I to save Mr Pace from the rope?
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The prosecution's testimony.
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You must find a weakness in it.
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Study your brief. I shall see you at court.
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Goodnight, Will.
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And if you cannot sleep, let us hope it's from anticipation and not fear.
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Good night.
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William!
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You look splendid.
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Oh, no. Edward Forrester. A renowned thief-taker.
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If he's involved in the prosecution, this goes not so well.
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Mr Southouse, if a thief-taker is at the heart of this that will help make our defence.Or our damnation.
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Good luck, Will.
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Mary!
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Who's this?
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William Garrow from Lincoln's Inn. By way of?
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Sir? Well, not Oxford or I'd know you.
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Articled to an attorney, John Southouse of Milk Street.
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You received your education in Billingsgate.
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Oh, dear...
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Silvester.
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Middle Temple.
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Come to condemn the wretches or confound the jury today?
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I've come to defend a man.
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First case?Peter Pace.
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You're against me. And the facts.
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Court shall rise.
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Still, they'd need only detain for us for a few hours, then what's next?
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Oh, a coining. Well, that will make two hangings before lunch.
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I recommend the broth.I recommend you read your brief again.
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The prisoner, Peter Pace, is indicted for that he,
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in the King's highway in and upon William Grove, feloniously
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did make an assault, putting him in corporeal fear and danger of his life and stealing from his person
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two shillings in monies numbered the property of the said William Grove.
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Call William Grove.
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So, the alarm being raised, we gave chase.
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Mr Forrester, myself and Mr Stoddert who'd witnessed the assault upon me.
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Mr Grove, at the magistrate's committal you swore to the identity of the fellow.
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Could you please do so now again for the benefit of this court?
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You lie!Behold the prisoner!
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A humour not to be encountered on any lonely by-way.
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No more questions.
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You know this man?
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I know this is the man that robbed me.
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You swore before the magistrate,
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that the man who robbed you covered his face with a handkerchief.Yes.
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Yes.
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So how were you able to swear to Mr Pace?
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This man rode a grey mare.
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Is there a horse in the dock, Mr Grove?
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TITTERING Sir?
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A grey mare accused of robbery?
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I do not know what you mean, sir.
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Well, your only means of identification is by way of the horse my client was riding.
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You could not swear to his face, only to his horse. LAUGHTER
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What words did your attacker make use of?
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He demanded my money or my life.
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Those were the very words, your money or your life?Well, he expressed it in that manner.
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He came up, shows me the pistol and he says...
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Your money or your life, remarkable. LAUGHTER
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You were robbed of two shillings? I was.
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Oh, dear, still £40 is better than two shillings.
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Well, I don't know that it is under a wrong cause.A wrong cause.
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You know it is not every day that one gets £40 reward for hanging a man? Is that not your cause?
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M'lord. My learned friend Mr Garrow has a very rude approach.
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Mr Garrow...
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do not speculate.
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Interrogate. And do so with a little delicacy.
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Hear, hear!
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Who paid for this prosecution?
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Mr Forrester.Mr Forrester - the renowned thief-taker.
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Yes, sir.
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And who paid for your expenses to attend this business?
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Mr Forrester.What assistance that man does provide.
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No further questions, my lord.
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Thank you, Mr Grove.
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Do you think Mr Garrow makes an impression on the jury?
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Forrester appears next and he has made an impression on many juries.
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Call Edward Forester!
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A robbery takes place on the road
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from Hounslow to Hanworth
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where a thief-taker is dining at that very hour. A rare convenience?
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The good fortune of those in need.
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You had no fear to pursue a man who would wield a pistol.
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I had a pistol of my own, sir.
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Who paid for this prosecution?
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I paid half a guinea. Who paid for the indictment?I did.
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To see justice done?
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To obtain the conviction of a guilty man who would put others in fear and danger of their life.
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You are quoting the indictment. It is also my belief.
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As a thief-taker?And as a man.
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But as the former, you are a taker of rewards for the apprehension
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and conviction of those found guilty of serious crimes.
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As the government sees fit.
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And are you hoping for a reward here?
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I would not presume on the judge, the jury or the law.
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I put it to you that this crime did not take place.
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A man was caught, brought before the magistrate and stands here now.
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I put it to you that you paid Grove to make a hue and cry against an innocent man,
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turn him all at once into a highwayman. Innocence is the jury's business.
251
00:19:28,600 --> 00:19:31,120
I put it to you that you invented this robbery. MURMURING
252
00:19:31,160 --> 00:19:33,200
I put it to you that...
253
00:19:33,240 --> 00:19:36,120
the victim and the witness are schemes of your own fiction
254
00:19:36,160 --> 00:19:38,960
as is the blameless prisoner you accuse as your robber!
255
00:19:39,000 --> 00:19:40,760
JUDGE BANGS GAVEL
256
00:19:40,800 --> 00:19:47,960
Mr Garrow, it is your job to excite distrust of the evidence not to make a speech on your client's behalf.
257
00:19:48,000 --> 00:19:51,080
Please forgive my learned friend, m'lord.
258
00:19:51,120 --> 00:19:54,640
Until today he's never actually been in the law.
259
00:19:58,320 --> 00:20:00,280
GALLERY LAUGH
260
00:20:00,320 --> 00:20:02,640
How long have you been in the business of thief-taking?
261
00:20:02,680 --> 00:20:05,200
Um... I can't rightly tell.
262
00:20:05,240 --> 00:20:06,720
Well, guess a little, how long?
263
00:20:06,760 --> 00:20:09,200
Well, clearly some time longer than you've been a counsellor.
264
00:20:09,240 --> 00:20:11,080
LAUGHTER
265
00:20:21,080 --> 00:20:24,840
How many...Sir?
266
00:20:28,200 --> 00:20:32,120
How many trials did you appear upon last sessions?Never a one.
267
00:20:32,160 --> 00:20:34,640
There was no blood money last sessions?
268
00:20:34,680 --> 00:20:36,920
If there were no thieves, how would you get a brief?
269
00:20:36,960 --> 00:20:38,400
Unless this be your last.
270
00:20:38,440 --> 00:20:40,320
LAUGHTER
271
00:20:44,360 --> 00:20:46,280
No more questions.
272
00:20:46,320 --> 00:20:49,800
Thank you, Mr Forrester.
273
00:20:57,040 --> 00:20:59,440
Gentlemen, you will consider your verdict.
274
00:21:11,360 --> 00:21:14,280
You may wish to leave this place.
275
00:21:14,320 --> 00:21:16,560
I cannot until I know my brother's fate.
276
00:21:19,760 --> 00:21:21,520
You have reached a verdict?
277
00:21:21,560 --> 00:21:24,400
Unanimously. How do you find the prisoner?
278
00:21:24,440 --> 00:21:25,840
Guilty.
279
00:21:25,880 --> 00:21:27,200
No!
280
00:21:30,560 --> 00:21:32,560
No! SHE SOBS
281
00:21:32,600 --> 00:21:36,400
No! Please! God have mercy!
282
00:21:36,440 --> 00:21:38,560
Judge, your Lord, I beseech you!
283
00:21:38,600 --> 00:21:40,440
The sentence is death.
284
00:21:40,480 --> 00:21:42,640
Death by hanging.
285
00:21:54,480 --> 00:21:57,880
Take the prisoner down.
286
00:22:04,400 --> 00:22:06,440
No! No!
287
00:22:06,480 --> 00:22:10,920
JEERING AND SHOUTING
288
00:22:15,640 --> 00:22:18,680
It troubles you not to derive your living from the groans of the gallows?
289
00:22:20,720 --> 00:22:22,520
Mr Garrow!
290
00:22:22,560 --> 00:22:24,560
The man is all a-flutter, my lord.
291
00:22:26,120 --> 00:22:30,080
I should demand satisfaction if I had not already found it in the verdict.
292
00:22:30,120 --> 00:22:34,520
You will apologise to Mr Silvester. I will only apologise to my client.
293
00:22:34,560 --> 00:22:38,080
Then I shall commit you! So your lordship may!
294
00:22:38,120 --> 00:22:41,240
Mr Garrow, you are hot-headed and intemperate.
295
00:22:41,280 --> 00:22:45,560
This is your first case here and you have lost it.
296
00:22:45,600 --> 00:22:47,680
So, I forgive you.
297
00:22:47,720 --> 00:22:49,600
Now sit down.
298
00:22:57,040 --> 00:23:00,400
Next prisoner.
299
00:23:10,480 --> 00:23:12,440
May I?
300
00:23:12,480 --> 00:23:14,800
Eat!Broth.
301
00:23:14,840 --> 00:23:17,240
You need food, man.
302
00:23:17,280 --> 00:23:20,440
That, and a stronger constitution.
303
00:23:20,480 --> 00:23:24,880
It is the lot of defence counsel to see their clients carried off to Tyburn.
304
00:23:24,920 --> 00:23:27,880
I was determined mainly to prosecute, far more congenial.
305
00:23:27,920 --> 00:23:32,920
And as for the rights of prisoners, that's a very irregular income.
306
00:23:32,960 --> 00:23:36,080
You will learn that the law is not a game for gentlemen.Will I?
307
00:23:36,120 --> 00:23:40,360
And you shall learn to become a gentleman or there shall be no law for you at all.
308
00:23:42,040 --> 00:23:43,640
Mr Garrow.
309
00:23:55,120 --> 00:23:58,480
Sir Arthur Hill MP invites you to dinner.
310
00:23:58,520 --> 00:24:01,240
Now you have an opportunity, Garrow.
311
00:24:01,280 --> 00:24:03,680
Are you familiar with the phenomenon of cutlery?
312
00:24:09,840 --> 00:24:13,040
I have made law and order my business in parliament, Mr Garrow,
313
00:24:13,080 --> 00:24:19,320
but I fear I understand the law only as we legislate and not as it is practised.
314
00:24:19,360 --> 00:24:22,240
Even an MP should not be quite so narrow.
315
00:24:22,280 --> 00:24:24,080
So you do attend the Old Bailey, Sir Arthur?
316
00:24:24,120 --> 00:24:26,640
I am fortunate to have the attendance of my wife there.
317
00:24:26,680 --> 00:24:32,520
Mr Garrow, we are grateful that you did accept our invitation. Lady Sarah.
318
00:24:34,760 --> 00:24:40,680
Well, I imagine those that see me at the bench would consider me there for my leisure and sport
319
00:24:40,720 --> 00:24:44,920
and Judge Buller certainly does think me very elegant alongside him.
320
00:24:44,960 --> 00:24:48,280
And how could you not look so, beside him!
321
00:24:48,320 --> 00:24:50,200
I'm not there for his decoration.
322
00:24:50,240 --> 00:24:55,160
But on my behalf, so that I'm informed from the very place where justice is dealt.
323
00:24:55,200 --> 00:24:58,320
The law be dealt there but no justice.
324
00:25:04,080 --> 00:25:05,600
You will enlighten us?
325
00:25:05,640 --> 00:25:10,200
I am sorry if you feel a source of enquiry for a good dinner but
326
00:25:10,240 --> 00:25:14,400
I think at least you should have your dinner before you feel so used.
327
00:25:14,440 --> 00:25:18,280
The law is the concern of us all here.
328
00:25:18,320 --> 00:25:20,440
We are under siege in London from ruffianism.
329
00:25:20,480 --> 00:25:22,720
From Chick Lane to the Ratcliffe Highway.
330
00:25:22,760 --> 00:25:24,960
We all do well to employ our own watchmen.
331
00:25:25,000 --> 00:25:27,320
And form our own societies.
332
00:25:27,360 --> 00:25:30,960
You have heard of the Society for the Reformation of Manners, Mr Garrow?
333
00:25:31,000 --> 00:25:32,560
You campaign, Mrs Browning?
334
00:25:32,600 --> 00:25:36,680
We bring prosecutions in the hope that it will be...improving.
335
00:25:36,720 --> 00:25:43,640
Improving manners in illegitimacy, adultery, bawdy houses, molly houses, prostitution.
336
00:25:43,680 --> 00:25:48,000
What's a molly house? And what do you know of such?
337
00:25:48,040 --> 00:25:50,400
I pay attention at the Old Bailey as you would have me do is all.
338
00:25:50,440 --> 00:25:52,160
Pay attention to...?
339
00:25:52,200 --> 00:25:56,280
Sodomy, Mr Sowerby. Sodomy and catamites.
340
00:25:56,320 --> 00:25:58,920
Please sir, you may examine me.
341
00:26:01,200 --> 00:26:05,080
My wife did remark that your...
342
00:26:05,120 --> 00:26:07,480
defence of the prisoner was very...
343
00:26:08,800 --> 00:26:10,040
singular.
344
00:26:10,080 --> 00:26:12,360
It was why we did invite you here.
345
00:26:12,400 --> 00:26:16,440
You do not favour the protection of our society in prosecution?
346
00:26:16,480 --> 00:26:19,320
The Bloody Code upheld?
347
00:26:19,360 --> 00:26:21,760
The terror of the rope, the branding iron,
348
00:26:21,800 --> 00:26:24,920
the thief-takers' corruption that sends innocent men to Tyburn?
349
00:26:24,960 --> 00:26:29,000
And you think a battle amongst counsel the best way of arriving at the truth?
350
00:26:29,040 --> 00:26:32,840
The prisoner in the dock has been too long left to his fate for want of counsel.
351
00:26:32,880 --> 00:26:35,320
And is your loyalty to the prisoner,
352
00:26:35,360 --> 00:26:37,760
or your fee? My loyalty is to the truth.
353
00:26:37,800 --> 00:26:42,280
But you'll settle for a 'not guilty' regardless of the truth?You think we should eke out injustice all day
354
00:26:42,320 --> 00:26:44,600
for one wrong verdict that may come between?
355
00:26:44,640 --> 00:26:46,640
I will not believe that the law is a lie.
356
00:26:46,680 --> 00:26:50,920
And I think I may be better minded to listen to talk of reform were it
357
00:26:50,960 --> 00:26:54,240
not so bound up with the burgeoning prospects of defence counsel.
358
00:26:54,280 --> 00:26:55,880
Now there's a truth for you.
359
00:26:55,920 --> 00:27:02,640
"Did not the felon firmly fix his hope on flaw or jaw and so escape the rope?
360
00:27:02,680 --> 00:27:08,600
"Justly he'd meet that fate without reprieve that comes when the Advocate fails to deceive."
361
00:27:08,640 --> 00:27:10,760
LAUGHTER
362
00:27:10,800 --> 00:27:13,680
A good satire, sir.
363
00:27:13,720 --> 00:27:19,000
It seems your investigations into the law were concluded before they had begun.
364
00:27:19,040 --> 00:27:24,920
If I am not a source of satire for a good dinner, I will also not be a source of amusement for it.
365
00:27:37,200 --> 00:27:41,600
I remember my father teaching in the school where my education was under his superintendence.
366
00:27:43,160 --> 00:27:49,800
We were both mocked - him by his better born pupils for the plainness of his background
367
00:27:49,840 --> 00:27:53,720
and myself for the fact that no fee was paid for my education.
368
00:27:56,120 --> 00:27:58,960
My father's service was the fee.
369
00:27:59,000 --> 00:28:03,280
He suffered their insults behind his back, he never turned to face them down.
370
00:28:03,320 --> 00:28:05,400
And you were taken out?
371
00:28:05,440 --> 00:28:07,880
Because I would bite and scratch.
372
00:28:07,920 --> 00:28:11,280
They were for Oxford, I was articled.
373
00:28:11,320 --> 00:28:14,320
And I was grateful for it.
374
00:28:16,680 --> 00:28:18,680
And now?
375
00:28:18,720 --> 00:28:23,240
My dear friend, I thank you for your trust but you should not have instructed me with the case.
376
00:28:23,280 --> 00:28:25,680
Well, now you are instructed at least.
377
00:28:25,720 --> 00:28:31,000
But I was undone by my arrogance, my inexperience.You lack manners.
378
00:28:31,040 --> 00:28:33,160
You were too angry.
379
00:28:33,200 --> 00:28:34,840
You lost control.
380
00:28:34,880 --> 00:28:37,840
And what did you mean to challenge Judge Buller?
381
00:28:37,880 --> 00:28:40,560
You are in the law, you cannot be in contempt of it.
382
00:28:40,600 --> 00:28:42,280
The law is itself contemptible.
383
00:28:42,320 --> 00:28:44,800
Then perhaps you are not ready to practise it.
384
00:28:49,440 --> 00:28:52,600
Your new chambers are very commodious.
385
00:28:55,320 --> 00:28:57,480
If I still have use for them.
386
00:29:01,240 --> 00:29:03,600
LABOURED BREATHING
387
00:29:07,920 --> 00:29:09,920
SHE CRIES OUT IN PAIN
388
00:29:29,160 --> 00:29:31,760
SHE PANTS AND GROANS
389
00:29:31,800 --> 00:29:34,320
SHE SOBS
390
00:30:11,160 --> 00:30:17,080
It is a vile day at the Old Bailey when we are in want of eleventh-hour briefs from attorneys.
391
00:30:17,120 --> 00:30:22,800
A state of affairs you may well have to get used to permanently unless you begin to win.
392
00:30:22,840 --> 00:30:24,800
More than agreeable.
393
00:30:27,280 --> 00:30:29,600
Mr Silvester.
394
00:30:29,640 --> 00:30:30,880
A murder!
395
00:30:32,040 --> 00:30:36,520
And all prosecution witnesses already called before the coroner.
396
00:30:36,560 --> 00:30:38,040
Lunch will come early.
397
00:30:40,480 --> 00:30:43,040
Will! It was a prosecution brief.
398
00:30:43,080 --> 00:30:45,600
You could not trust me with such a case?
399
00:30:45,640 --> 00:30:50,200
I think... I think things came a little too quickly.
400
00:30:50,240 --> 00:30:53,840
"Here and there in the crowd we mark with pity,
401
00:30:53,880 --> 00:30:56,800
"for his too certain fate,
402
00:30:56,840 --> 00:31:02,600
"the careworn face of some self-educated peasant.
403
00:31:02,640 --> 00:31:08,120
"The ambition which has aspired his toil in the unwonted field of legal labour
404
00:31:08,160 --> 00:31:10,920
"is doomed to inevitable blight."
405
00:31:14,200 --> 00:31:17,400
So, Mrs Tarling, the prisoner Elizabeth Jarvis
406
00:31:17,440 --> 00:31:21,960
came into your service as a servant some three weeks since?
407
00:31:22,000 --> 00:31:26,200
Yes, your honour. After a few days I suspected she was with child.
408
00:31:26,240 --> 00:31:28,960
She insisted she was not.
409
00:31:29,000 --> 00:31:33,000
If the magistrate thinks the case strong enough to go to trial,
410
00:31:33,040 --> 00:31:36,600
the Society will bring a prosecution upon this wretch.
411
00:31:36,640 --> 00:31:40,600
..And found blood on the kitchen table and on the floor.
412
00:31:40,640 --> 00:31:44,920
I took a candle and followed the spots of blood
413
00:31:44,960 --> 00:31:47,600
into the coal cellar... Sorry.
414
00:31:47,640 --> 00:31:49,960
Pray continue, Mrs Tarling.
415
00:31:50,000 --> 00:31:52,160
I hope you will not find this too distressing.
416
00:31:52,200 --> 00:31:53,800
I am not concerned about myself.
417
00:31:55,200 --> 00:31:57,200
Who will defend her?
418
00:31:57,240 --> 00:32:00,040
She may ask God's mercy.
419
00:32:00,080 --> 00:32:03,800
A pair of stockings soaked in blood and...
420
00:32:03,840 --> 00:32:08,120
as I moved a box... the body of a dead child.
421
00:32:32,160 --> 00:32:35,400
Her name is Elizabeth Jarvis.
422
00:32:35,440 --> 00:32:38,840
She is committed for trial - infanticide.
423
00:32:38,880 --> 00:32:43,280
And you will pay for counsel? I will pay for Mr Garrow.
424
00:32:44,840 --> 00:32:46,520
Mr Garrow?
425
00:32:46,560 --> 00:32:48,040
No other.
426
00:32:55,040 --> 00:32:57,520
MEN LAUGH AND CHATTER
427
00:32:59,800 --> 00:33:01,800
Will.Mr Southouse.
428
00:33:04,160 --> 00:33:08,560
You have a brief for me and I am like a dog called to its bowl. Thank you.
429
00:33:08,600 --> 00:33:11,800
A tankard of ale, please. Of course.
430
00:33:16,960 --> 00:33:20,320
How has a maidservant a guinea for her defence?
431
00:33:20,360 --> 00:33:25,080
A lady has a guinea and an inclination to help her.
432
00:33:25,120 --> 00:33:27,320
And you have an inclination to help me?
433
00:33:27,360 --> 00:33:30,360
We have to prove that the child was born dead.
434
00:33:30,400 --> 00:33:34,200
Otherwise the mother be presumed guilty of its murder.
435
00:33:34,240 --> 00:33:37,280
The presumption of innocence not applying in infanticide.
436
00:33:37,320 --> 00:33:39,040
Particularly when she is unmarried.
437
00:33:39,080 --> 00:33:41,840
Particularly when the birth was concealed.
438
00:33:41,880 --> 00:33:47,000
Regarded as usually conclusive evidence of the woman's guilt.
439
00:33:47,040 --> 00:33:50,520
And the evidence that would be in her favour?
440
00:33:50,560 --> 00:33:53,000
Did she confess the pregnancy?
441
00:33:53,040 --> 00:33:55,400
Did she seek assistance in labour?
442
00:33:55,440 --> 00:33:58,520
Did she prepare for birth by the collection of linen?
443
00:33:58,560 --> 00:34:00,560
And the answer to all three be no?
444
00:34:01,840 --> 00:34:05,840
And there is the presence of a bloody knife
445
00:34:05,880 --> 00:34:08,240
and a surgeon attesting to marks of violence.
446
00:34:08,280 --> 00:34:10,480
Mr Southouse, this is an unwinnable case.
447
00:34:10,520 --> 00:34:14,200
Previously you were a barrister with too much confidence,
448
00:34:14,240 --> 00:34:16,240
now you are one with none.
449
00:34:16,280 --> 00:34:18,360
All right, I will earn my guinea. But who has pledged it?
450
00:34:18,400 --> 00:34:21,600
Who has better faith than I that we can obtain an acquittal here?
451
00:34:21,640 --> 00:34:24,240
Her name is Lady Sarah Hill
452
00:34:24,280 --> 00:34:28,320
and she attended the magistrate's committal for her education.
453
00:34:28,360 --> 00:34:32,680
Lady Sarah Hill instructed you? And most expressly asked for you.
454
00:34:36,960 --> 00:34:41,600
Mrs Browning did almost drop her spoon when you left the room.
455
00:34:41,640 --> 00:34:44,040
Well, at least she will not try to enlist me for her society.
456
00:34:44,080 --> 00:34:48,080
You could not join the Reformation of Manners because you have none.
457
00:34:48,120 --> 00:34:51,920
I refuse to be reformed. And your husband?
458
00:34:51,960 --> 00:34:55,360
He did not object.Because he thinks I fled the argument.
459
00:34:55,400 --> 00:34:58,960
His beliefs are sincere and certain.
460
00:34:59,000 --> 00:35:01,120
But you do not share them?
461
00:35:01,160 --> 00:35:03,240
On this particular cause, no.
462
00:35:09,120 --> 00:35:12,360
My husband sat on a parliamentary committee
463
00:35:12,400 --> 00:35:16,000
with the aim of reforming the law on infanticide.
464
00:35:16,040 --> 00:35:20,360
It was suggested that a lesser charge - concealment - be instigated in its place.
465
00:35:20,400 --> 00:35:21,880
Your husband was an opponent?
466
00:35:21,920 --> 00:35:23,880
Concealment carries a two-year sentence.
467
00:35:23,920 --> 00:35:29,640
He was still of the opinion that women who bring forth bastards should be hung.
468
00:35:29,680 --> 00:35:32,680
You have read on the subject? Secretly,
469
00:35:32,720 --> 00:35:36,480
from the papers that lay in my husband's study.
470
00:35:36,520 --> 00:35:40,200
Mrs Browning is convinced that in Elizabeth Jarvis
471
00:35:40,240 --> 00:35:44,320
they will punish sexual licentiousness and loose morals.
472
00:35:44,360 --> 00:35:48,880
I only saw a young woman trapped and overwhelmed with fear.
473
00:35:49,920 --> 00:35:52,440
But you are not afraid yourself, I think?
474
00:35:54,000 --> 00:35:58,360
My husband would consider my participation in this an infidelity.
475
00:35:58,400 --> 00:36:01,280
Well, it shall remain a confidence we share.
476
00:36:01,320 --> 00:36:06,320
But in defence, and in this case above all, I am disadvantaged in law.
477
00:36:06,360 --> 00:36:11,120
Then you shall have all the evidence I noted in the magistrate's parlour.
478
00:36:11,160 --> 00:36:14,240
I believe I am fortunate to have made your acquaintance.
479
00:36:14,280 --> 00:36:16,280
And fortune may allow us to prevail.
480
00:36:20,000 --> 00:36:23,200
To Newgate! But it's not permissible.Why?
481
00:36:23,240 --> 00:36:27,000
It's not etiquette. You would prefer taste to justice?
482
00:36:27,040 --> 00:36:29,800
I must know more. I must see the prisoner!
483
00:36:29,840 --> 00:36:33,840
I am the attorney. I talk to the client, I make the preparation!
484
00:36:33,880 --> 00:36:36,440
You do not trust my services all of a sudden?
485
00:36:36,480 --> 00:36:40,000
I do not trust myself, Mr Southouse.
486
00:36:40,040 --> 00:36:43,240
It is not a wish to flout conventions,
487
00:36:43,280 --> 00:36:46,960
it is simply thoroughness to ensure all ground is covered in this case.
488
00:36:47,000 --> 00:36:50,600
And that I am truly prepared - where before I was not.
489
00:36:50,640 --> 00:36:55,000
Well, if it comes from humility, then happily.Good, excellent.
490
00:36:55,040 --> 00:36:57,480
Lady Sarah will meet us there.
491
00:36:57,520 --> 00:37:00,240
Lady Sarah, how so?
492
00:37:04,240 --> 00:37:08,840
Elizabeth... you lied about not being pregnant.
493
00:37:08,880 --> 00:37:12,600
You then attempted to conceal the birth.
494
00:37:12,640 --> 00:37:16,640
Explain to me as counsel for the prosecution would have you do.
495
00:37:16,680 --> 00:37:21,040
The knowledge of my pregnancy would bring about my dismissal, sir.
496
00:37:21,080 --> 00:37:24,800
And I would have left that residence with no character reference
497
00:37:24,840 --> 00:37:29,440
and little chance I'd be taken into service again.
498
00:37:29,480 --> 00:37:33,600
And I did not want to own my shame. You prepared no linen.
499
00:37:33,640 --> 00:37:37,640
I had not the wits or the wherewithal to plan anything.
500
00:37:37,680 --> 00:37:41,000
You had the wherewithal for a knife, Elizabeth.
501
00:37:41,040 --> 00:37:45,080
You had the wits to know that you would cut the navel string. That was cold experience.
502
00:37:46,880 --> 00:37:51,400
Well?I knew I had to separate the child from me.
503
00:37:51,440 --> 00:37:55,400
Bodily, yes. And in life? Did you want it dead so you could live?
504
00:37:55,440 --> 00:38:00,160
The child was already dead, sir! But if it had lived...
505
00:38:00,200 --> 00:38:03,560
Would you have killed it? Would you? Look at me?!
506
00:38:04,760 --> 00:38:10,720
I would have hid it, in the hope that it would be found alive and well and looked after.
507
00:38:10,760 --> 00:38:13,320
And never have to follow in the low ways of its mother.
508
00:38:15,400 --> 00:38:17,760
Gaoler?
509
00:38:22,520 --> 00:38:24,520
You would go there for thoroughness?
510
00:38:24,560 --> 00:38:27,240
You simply convinced her of her own worthlessness.
511
00:38:27,280 --> 00:38:29,280
And convinced myself of her innocence.
512
00:38:29,320 --> 00:38:31,240
You think to play rough tricks?
513
00:38:31,280 --> 00:38:33,480
I am in want of rough tricks. I am learning some.
514
00:38:33,520 --> 00:38:38,520
Her innocence may be established in court, not in Newgate.Maybe?
515
00:38:38,560 --> 00:38:41,560
By casting polite doubt on the eyesight of the prosecutrix?
516
00:38:41,600 --> 00:38:45,880
Or the obtaining of an acquaintance of Elizabeth as character witness? That will not suffice!
517
00:38:45,920 --> 00:38:50,720
You cannot insult to an acquittal. It was your mistake before.That I was not rude enough was my mistake!
518
00:38:50,760 --> 00:38:54,040
I have no means but to destroy the prosecutrix
519
00:38:54,080 --> 00:38:57,200
and make war with her counsel. What would you have me say?
520
00:38:57,240 --> 00:39:00,480
"I am in no way satisfied the jury were right in finding her guilty
521
00:39:00,520 --> 00:39:03,840
"but at least everything was carried out with the utmost decorum."
522
00:39:03,880 --> 00:39:06,680
The life of Elizabeth Jarvis is at stake
523
00:39:06,720 --> 00:39:09,120
in solemn and polished injustice.
524
00:39:09,160 --> 00:39:10,920
I must be a ruffian to get the truth,
525
00:39:10,960 --> 00:39:15,000
I must confront the Gentlemen of the Old Bailey to save her life.
526
00:39:17,720 --> 00:39:21,640
Lady Sarah.Lady Sarah. I am sorry you were in attendance.
527
00:39:21,680 --> 00:39:23,240
Nonsense!
528
00:39:23,280 --> 00:39:26,120
I am gratified to hear it.
529
00:39:26,160 --> 00:39:30,640
Well, then, if you are going to insult,
530
00:39:30,680 --> 00:39:34,680
your tongue must at least be well prepared with the sharpest of facts.
531
00:39:34,720 --> 00:39:37,920
Which it is my job, as attorney, as your attorney...
532
00:39:37,960 --> 00:39:40,240
I've already arranged an appointment.
533
00:39:40,280 --> 00:39:42,320
Oh? Where?
534
00:39:42,360 --> 00:39:44,040
We are to meet a surgeon.
535
00:39:51,880 --> 00:39:53,880
WOMAN SCREAMS IN AGONY
536
00:40:08,720 --> 00:40:10,600
And these?
537
00:40:10,640 --> 00:40:13,480
Well, these are the forceps.
538
00:40:15,640 --> 00:40:18,080
And these?
539
00:40:18,120 --> 00:40:23,480
To cut the navel string, in certain circumstances.Such as?
540
00:40:23,520 --> 00:40:26,840
When it's around the baby's throat. SCREAMING CONTINUES
541
00:40:28,800 --> 00:40:31,680
Now, you wish to see the mortuary? Hm.
542
00:40:32,720 --> 00:40:37,200
In particular, the lungs of infants recently dead.
543
00:40:37,240 --> 00:40:39,640
Certainly, there are new cadavers there now.
544
00:40:41,240 --> 00:40:46,400
By preparation I meant black letter law and statutes not this atrocity!
545
00:41:17,160 --> 00:41:23,200
Elizabeth Jarvis was indicted for that she, on the 29th April last,
546
00:41:23,240 --> 00:41:26,640
at the parish of Marylebone, being big with a certain female child,
547
00:41:26,680 --> 00:41:30,560
the said female child, alone and secretly from her body
548
00:41:30,600 --> 00:41:35,200
by the providence of God, did bring forth alive,
549
00:41:35,240 --> 00:41:37,560
which said child, being so born alive...
550
00:41:37,600 --> 00:41:40,680
Everybody does look at me. Where do I look?
551
00:41:40,720 --> 00:41:43,560
Fix your eyes on me, in hope you see your acquittal.
552
00:41:43,600 --> 00:41:47,040
..But being moved and seduced by the instigation
553
00:41:47,080 --> 00:41:49,720
of the devil feloniously and wilfully
554
00:41:49,760 --> 00:41:52,000
and of her malice aforethought...
555
00:41:52,040 --> 00:41:56,680
You listen for some mistake in the indictment to get the case thrown out?
556
00:41:56,720 --> 00:42:00,800
A forlorn hope but at least you are learning your law , Mr Garrow.
557
00:42:00,840 --> 00:42:02,840
Improvement will surely follow,
558
00:42:02,880 --> 00:42:06,960
if not quite enough for acquittal of this careless spinster.
559
00:42:12,720 --> 00:42:17,000
Mrs Tarling, could you tell me what happened that morning?
560
00:42:17,040 --> 00:42:19,480
I went to the prisoner's room with my niece.
561
00:42:19,520 --> 00:42:21,560
I found the prisoner in bed.
562
00:42:21,600 --> 00:42:24,560
And you found her, apart from horizontal...
563
00:42:24,600 --> 00:42:27,080
LAUGHTER
564
00:42:27,120 --> 00:42:30,880
Sir?Her manner? She said she felt better.
565
00:42:30,920 --> 00:42:32,920
She felt better.
566
00:42:32,960 --> 00:42:36,600
The baby was downstairs dead and she felt better?
567
00:42:36,640 --> 00:42:40,640
By this, presumably, you mean she felt relieved and glad?
568
00:42:40,680 --> 00:42:43,720
I mean she... Sanguine and very calm...
569
00:42:43,760 --> 00:42:48,640
May the witness not be the subject of ventriloquism.I put no words into the mouth of the witness.
570
00:42:48,680 --> 00:42:53,320
You lead her like a farmer brings a cow to market! He speaks of his former calling.
571
00:42:53,360 --> 00:42:58,000
The cow very sickly, the farmer selling it hasty.Mr Garrow!
572
00:43:00,600 --> 00:43:04,160
Continue, Mr Silvester.My lord.
573
00:43:04,200 --> 00:43:05,880
You addressed her in her room...
574
00:43:05,920 --> 00:43:08,080
as she lay there...
575
00:43:08,120 --> 00:43:10,280
feeling better?
576
00:43:10,320 --> 00:43:11,880
Yes, sir.
577
00:43:11,920 --> 00:43:14,040
And what did you say to her?
578
00:43:14,080 --> 00:43:17,680
I told her it was a very sad thing
579
00:43:17,720 --> 00:43:22,040
and how could she do so cruel an act?And her reply?
580
00:43:22,080 --> 00:43:25,040
"Do what, Mrs Tarling?" she said.
581
00:43:25,080 --> 00:43:27,120
She would not own it?
582
00:43:27,160 --> 00:43:30,960
I spoke more plain. I asked her how she could destroy the poor little creature.
583
00:43:31,000 --> 00:43:32,720
And she responded?
584
00:43:32,760 --> 00:43:34,720
She made no answer.
585
00:43:36,280 --> 00:43:39,680
She made no answer.
586
00:43:41,800 --> 00:43:43,280
I have no more questions, my lord.
587
00:43:44,960 --> 00:43:49,000
Mrs Tarling...
588
00:43:49,040 --> 00:43:53,120
do you remember the account of this you gave to the magistrate?I do.
589
00:43:53,160 --> 00:43:55,120
Do you remember that you swore it?
590
00:43:55,160 --> 00:43:57,120
I do.
591
00:43:57,160 --> 00:44:02,000
I've just heard you tell my learned friend the prisoner gave you no answer.
592
00:44:02,040 --> 00:44:06,320
Is that the end of what passed between you?I cannot recall.
593
00:44:06,360 --> 00:44:10,440
You say you asked her how she could destroy the poor creature and she gave you no answer.
594
00:44:14,160 --> 00:44:17,920
I put it to you that you then asked her why she did so.
595
00:44:17,960 --> 00:44:21,560
That may be so.Please try to recall what you have already sworn to.
596
00:44:23,000 --> 00:44:26,160
I think I asked her if...
597
00:44:26,200 --> 00:44:30,080
if she destroyed it to prevent its crying.
598
00:44:30,120 --> 00:44:34,120
You asked her if she destroyed it to prevent its crying, yes or no?
599
00:44:34,160 --> 00:44:36,480
Yes, I did, sir. And how did the prisoner respond?
600
00:44:36,520 --> 00:44:40,320
I cannot recall.Please try! I cannot.
601
00:44:40,360 --> 00:44:44,760
That this young woman may be executed in consequence of your evidence, would you not venture to recall?!
602
00:44:44,800 --> 00:44:47,040
My lord, this is very rough! Why do you tremble so?
603
00:44:47,080 --> 00:44:51,680
This is an onerous occasion. Yes, my client's life is at stake!
604
00:44:51,720 --> 00:44:55,640
Now would you please recall what you swore in front of the magistrate?
605
00:44:55,680 --> 00:44:59,840
Or is the truth now too inconvenient to own?No.Good.
606
00:44:59,880 --> 00:45:02,200
Please look at the jury as you do so.
607
00:45:03,760 --> 00:45:05,560
Very well.
608
00:45:06,720 --> 00:45:08,600
She said...
609
00:45:08,640 --> 00:45:11,560
it did not cry.
610
00:45:11,600 --> 00:45:14,920
It never cried.
611
00:45:22,120 --> 00:45:23,920
It did not cry.
612
00:45:23,960 --> 00:45:27,120
It never cried.
613
00:45:27,160 --> 00:45:29,400
It had no breath to cry.
614
00:45:29,440 --> 00:45:33,360
It was still and silent and unmoving.
615
00:45:33,400 --> 00:45:36,000
It was dead when it was born.
616
00:45:36,040 --> 00:45:39,720
Court shall adjourn for lunch. Court shall rise.
617
00:45:39,760 --> 00:45:42,040
My lord, I have not finished cross-examining the witness.
618
00:45:42,080 --> 00:45:46,600
It is MY court Mr Garrow and I shall determine the fate of my lamb chops
619
00:45:46,640 --> 00:45:49,440
as ruthlessly as I determine the law here.
620
00:45:56,600 --> 00:46:00,640
Sometimes a mouth must simply allow chewing as its function.
621
00:46:06,680 --> 00:46:10,720
The prisoner used to speak to clear himself or hang himself.
622
00:46:10,760 --> 00:46:15,440
Now the prisoner is silent, we have the eloquent hectoring of Mr Garrow.
623
00:46:15,480 --> 00:46:19,680
In a cause not his own. Judge, it may not be his cause
624
00:46:19,720 --> 00:46:24,240
but surely the defence of the accused is progress and therefore some improvement?
625
00:46:24,280 --> 00:46:30,920
Improvement, madam? How can it be improvement in my own court, where I play a lesser part?
626
00:46:31,960 --> 00:46:35,880
Am I merely there to temper Mr Garrow's reign of terror?
627
00:46:35,920 --> 00:46:41,800
I shall have to put out my leg to trip up the coming of these lawyers, or I will be trampled underfoot!
628
00:46:41,840 --> 00:46:44,440
POLITE LAUGHTER
629
00:46:52,000 --> 00:46:55,480
Doctor, after you made examination of the child,
630
00:46:55,520 --> 00:46:58,480
would your opinion be that it was alive or dead
631
00:46:58,520 --> 00:47:02,600
at the time the wound to the throat was inflicted?Oh, alive.
632
00:47:02,640 --> 00:47:07,080
In wounds made on a living subject, the edges are red and turned out
633
00:47:07,120 --> 00:47:10,760
and there are little spots of coagulated blood
634
00:47:10,800 --> 00:47:12,760
from the extremities of the blood vessels.
635
00:47:12,800 --> 00:47:17,400
Now that would be caused by the coagulation of blood before death.
636
00:47:17,440 --> 00:47:20,080
Did you open the body of the child? I did.
637
00:47:20,120 --> 00:47:23,440
It was the body of a full-grown, mature, healthy child.
638
00:47:23,480 --> 00:47:26,840
The lungs were fully inflated which would not have been the case
639
00:47:26,880 --> 00:47:29,640
had not the child breathed for some little time.
640
00:47:29,680 --> 00:47:34,920
In other words, the child had been alive when it was cut with the knife.
641
00:47:34,960 --> 00:47:36,440
That is so.
642
00:47:36,480 --> 00:47:38,040
Poor little wretch.
643
00:47:38,080 --> 00:47:41,240
SHOTS AND MURMURS FROM COURT
644
00:47:46,080 --> 00:47:49,600
Circulation continues after death, does it not?Yes.
645
00:47:49,640 --> 00:47:53,080
So those appearances that you spoke of could equally occur after death?
646
00:47:53,120 --> 00:47:58,600
I should say not. Unless...a very few minutes after death possibly.
647
00:47:58,640 --> 00:48:01,440
My experience has not been such.
648
00:48:01,480 --> 00:48:07,240
And I understand the test to which you subjected the lungs is called the hydrostatic test?Yes.
649
00:48:07,280 --> 00:48:12,240
And you have read Beck and Taylor's work on medical jurisprudence? High authorities on that subject.
650
00:48:12,280 --> 00:48:19,880
Indeed they are. Well, you will tell me whether you subscribe to this doctrine of Professor Taylor.
651
00:48:19,920 --> 00:48:24,040
"The hydrostatic test is no more capable of showing that a child has been born alive
652
00:48:24,080 --> 00:48:28,360
"than it is of proving whether it has been murdered or died of natural causes."
653
00:48:28,400 --> 00:48:31,120
In other words, the exercise is worthless is it not?
654
00:48:31,160 --> 00:48:32,960
My own experience tells me...
655
00:48:33,000 --> 00:48:36,760
The high authority on this subject is incorrect?
656
00:48:42,120 --> 00:48:48,520
I have never before engaged professionally on an inquiry of this nature.
657
00:48:48,560 --> 00:48:54,040
Oh, really, then you are some kind of beginner? Your experience doesn't mean much.Mr Garrow?
658
00:48:54,080 --> 00:48:57,960
If you have the work of Professor Taylor alongside you,
659
00:48:58,000 --> 00:49:01,160
may I suggest you read out the relevant excerpt in court.
660
00:49:05,120 --> 00:49:06,880
Yes, your honour.
661
00:49:13,760 --> 00:49:17,000
Who is this man? Is this man an attorney?
662
00:49:17,040 --> 00:49:18,920
Junior counsel, my lord.
663
00:49:26,080 --> 00:49:31,360
"The majority of those who have made experiments upon this subject have only pretended to show,
664
00:49:31,400 --> 00:49:35,880
"by the use of this and other tests, whether or not a child has breathed."
665
00:49:35,920 --> 00:49:39,520
Is that you, sir? Conducting unreliable experiments?
666
00:49:39,560 --> 00:49:43,680
Pronouncing solemnly on scientific advancements that actually advance nothing?
667
00:49:43,720 --> 00:49:48,200
The child breathed with some force - it was a vital act.
668
00:49:48,240 --> 00:49:51,280
And how would it have breathed with a cord around its neck?
669
00:49:51,320 --> 00:49:53,160
Enough for the lungs to inflate!
670
00:49:53,200 --> 00:49:55,640
Dear me, sir, how your lungs inflate.
671
00:49:55,680 --> 00:49:58,720
LAUGHTER
672
00:50:09,040 --> 00:50:12,480
Do you recognise these, Mr Herring? Yes.
673
00:50:12,520 --> 00:50:14,240
They're used in some deliveries.
674
00:50:14,280 --> 00:50:18,760
They are used, are they not, in cases where the navel string,
675
00:50:18,800 --> 00:50:22,400
the umbilical cord, is twisted around the neck of the child.
676
00:50:22,440 --> 00:50:25,880
I believe so.You believe so? I have not used them.
677
00:50:25,920 --> 00:50:32,320
I believe the process of cutting the cord in such circumstances is considered so hazardous
678
00:50:32,360 --> 00:50:36,960
that this peculiar pair of scissors is manufactured for the purpose, is it not?
679
00:50:37,000 --> 00:50:41,360
To prevent, by accident, an incision in the throat of a child?
680
00:50:41,400 --> 00:50:42,880
Mr Garrow...
681
00:50:46,680 --> 00:50:50,160
I have never cut the cord from a child's neck.From design?
682
00:50:50,200 --> 00:50:52,800
I have never had the experience of such an event.
683
00:50:52,840 --> 00:50:55,080
Really? Oh, dear, oh, dear.
684
00:50:55,120 --> 00:50:58,960
Precisely how many children have you delivered?Several.
685
00:50:59,000 --> 00:51:01,600
A dozen or... Well, one or the other, Mr Herring.
686
00:51:01,640 --> 00:51:04,200
It is not my specialism.
687
00:51:04,240 --> 00:51:06,920
Poor fellow, you are without the necessary competence again.
688
00:51:06,960 --> 00:51:10,440
My lord, this is bullying. Curb your tongue, Mr Garrow.
689
00:51:10,480 --> 00:51:12,400
Yes, your honour.
690
00:51:12,440 --> 00:51:15,920
Despite your lack of expertise,
691
00:51:15,960 --> 00:51:19,560
you do acknowledge that cutting the cord from a child's neck
692
00:51:19,600 --> 00:51:22,560
may cause an incision there. It's a possibility.
693
00:51:24,200 --> 00:51:27,000
Very well.
694
00:51:27,040 --> 00:51:29,360
Can you not say...
695
00:51:29,400 --> 00:51:33,880
that a female in such circumstances as unassisted labour may,
696
00:51:33,920 --> 00:51:35,520
from pain and anxiety,
697
00:51:35,560 --> 00:51:38,600
become deprived of all judgment,
698
00:51:38,640 --> 00:51:43,000
cause an incision by accident in the throat of a child?
699
00:51:43,040 --> 00:51:47,680
A child who was fatally compromised by the cord around its neck...
700
00:51:47,720 --> 00:51:50,960
and therefore dead
701
00:51:51,000 --> 00:51:55,920
and from whom this poor mother was naturally anxious to remove herself?
702
00:51:55,960 --> 00:51:59,680
My lord, my learned friend is addressing the jury.
703
00:51:59,720 --> 00:52:01,760
My lord, I'm merely looking their way.
704
00:52:01,800 --> 00:52:04,960
You may not address them with your mouth or your eyes.
705
00:52:05,000 --> 00:52:07,640
I know the limitations of my defence. As do I!
706
00:52:09,240 --> 00:52:13,600
Perhaps you would like the witness to provide an answer to your...speech.
707
00:52:13,640 --> 00:52:17,240
It is my fervent wish. Then put it to him more succinctly.
708
00:52:19,840 --> 00:52:22,080
I put it to you, Mr Herring,
709
00:52:22,120 --> 00:52:26,320
that the wound to the child's throat was not a mark of violence at all
710
00:52:26,360 --> 00:52:28,880
but a sad sign of desperation.
711
00:52:28,920 --> 00:52:33,600
She cut her offspring's neck because she did not know what she was doing.
712
00:52:39,800 --> 00:52:42,800
It may be so. HUBBUB IN COURT
713
00:52:46,760 --> 00:52:50,280
Court will adjourn for a short time.
714
00:52:50,320 --> 00:52:52,280
Court shall rise.
715
00:52:54,760 --> 00:53:00,280
I was earlier detained by some doubtful lamp chops and I fear they may detain me again.
716
00:53:10,240 --> 00:53:14,480
You think it goes well, Mr Southouse? I think we head towards acquittal.
717
00:53:14,520 --> 00:53:18,400
The judge is determined that you shall lose.How so?
718
00:53:18,440 --> 00:53:20,760
In the way he will direct the jury.
719
00:53:25,640 --> 00:53:28,120
What can be done, Mr Southouse?
720
00:53:28,160 --> 00:53:30,200
If he is determined, there is nothing to be done.
721
00:53:33,400 --> 00:53:35,040
Will?
722
00:53:40,640 --> 00:53:42,000
Court shall rise.
723
00:53:43,520 --> 00:53:48,760
I cannot address the jury directly so the court must hear your voice.
724
00:53:48,800 --> 00:53:52,840
What do I say?How you did defend yourself to me in Newgate.
725
00:53:52,880 --> 00:53:54,960
Remember how you were in Newgate.
726
00:53:55,000 --> 00:53:59,480
Mr Silvester.My lord?Do you wish to call any more witnesses?None.
727
00:53:59,520 --> 00:54:04,720
Mr Garrow, any witnesses as to the defendant's character? None, my lord.
728
00:54:06,280 --> 00:54:08,040
Very well.
729
00:54:08,080 --> 00:54:10,960
Sir...
730
00:54:11,000 --> 00:54:12,760
if I may...
731
00:54:19,640 --> 00:54:22,000
I could not own to the pregnancy
732
00:54:22,040 --> 00:54:25,080
because I could not bear it to be true.
733
00:54:27,080 --> 00:54:28,560
But I held...
734
00:54:30,920 --> 00:54:34,800
..I held my child in the cellar
735
00:54:34,840 --> 00:54:38,560
as its flesh grew colder and colder...
736
00:54:40,120 --> 00:54:42,840
..until I grew cold next to her.
737
00:54:44,920 --> 00:54:48,080
I did not sleep that night.
738
00:54:48,120 --> 00:54:51,880
I did not wash her blood from me. I would not.
739
00:54:51,920 --> 00:54:54,080
It was also my blood.
740
00:54:56,160 --> 00:54:59,680
My baby did not suffer in life.
741
00:54:59,720 --> 00:55:03,200
My baby was born at peace.
742
00:55:14,320 --> 00:55:20,480
The single question here is whether the mother has proved that the infant was born dead.
743
00:55:20,520 --> 00:55:23,800
I draw your attention to grievous wounds at the child's throat.
744
00:55:23,840 --> 00:55:30,480
I draw your attention to the fact the young woman had provided no things for the child -
745
00:55:30,520 --> 00:55:32,680
no clothing, no linen.
746
00:55:32,720 --> 00:55:36,920
It suggests that she was in no way prepared
747
00:55:36,960 --> 00:55:42,240
for the arrival of the child, had no intention of keeping it.
748
00:55:42,280 --> 00:55:46,920
To be sure, there is evidence to convict of the crime of wilful murder.
749
00:55:46,960 --> 00:55:51,560
You will confer and reach a verdict.
750
00:55:54,320 --> 00:55:56,880
JURY CONFERS IN WHISPERS
751
00:56:14,520 --> 00:56:17,840
You have reached a verdict? We have.
752
00:56:17,880 --> 00:56:22,040
How do you find the prisoner charged with this indictment? Guilty or not guilty?
753
00:56:22,080 --> 00:56:24,680
Not guilty. HUBBUB IN COURT
754
00:56:31,160 --> 00:56:34,040
The prisoner is free to go.
755
00:56:44,400 --> 00:56:47,400
You think I play the law as a game for gentlemen.
756
00:56:47,440 --> 00:56:49,440
You're not wrong.
757
00:56:49,480 --> 00:56:53,160
But now, sir, you will find me in earnest.
758
00:57:03,520 --> 00:57:05,480
Mr Garrow, you are also free to go,
759
00:57:05,520 --> 00:57:10,200
unless of course you intend to defend every prisoner here today?
760
00:57:10,240 --> 00:57:13,520
Not today, my lord, but perhaps tomorrow.
761
00:57:18,360 --> 00:57:20,480
Next prisoner!
762
00:57:23,680 --> 00:57:25,600
I owe you my life, Mr Garrow.
763
00:57:25,640 --> 00:57:29,000
It should not have been at stake. But you will thrive now.
764
00:57:29,040 --> 00:57:35,000
With a reference, I may have hope of some employment. Mr Southouse?Gladly.
765
00:57:36,160 --> 00:57:38,440
Thank you...
766
00:57:38,480 --> 00:57:41,400
Thank you, both.
767
00:57:52,160 --> 00:57:54,920
Thank God you did not disappoint me.
768
00:57:54,960 --> 00:57:59,400
And now perhaps by association with me, you will not be blackened further as a Newgate solicitor.
769
00:57:59,440 --> 00:58:02,680
By association with you I may find some other trouble altogether.
770
00:58:02,720 --> 00:58:05,280
I shall change the trial forever.
771
00:58:05,320 --> 00:58:08,720
Then you shall make enemies, Mr Garrow.
772
00:58:10,360 --> 00:58:13,120
I hope there shall be some who will favour me.
773
00:58:31,560 --> 00:58:34,040
Oh! WOMAN SCREAMS
774
00:58:34,080 --> 00:58:35,680
I cannot do what is not in my heart.
775
00:58:35,720 --> 00:58:39,160
You were called to the bar - they do not announce your heart there!
776
00:58:39,200 --> 00:58:42,280
That man is the monster! He is the monster that did attack me!
777
00:58:42,320 --> 00:58:46,520
You no longer find favour with the public gallery, Mr Garrow.
778
00:58:46,560 --> 00:58:48,880
I would happily lay hands on you, Rawlings!
779
00:58:48,920 --> 00:58:53,000
Madam, your agitation seems to occur at the most convenient time!
780
00:59:14,360 --> 00:59:17,840
Subtitles by Red Bee Media Ltd 2009
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