0:00:03 > 0:00:05Judas!
0:00:09 > 0:00:10My client's life is at stake!
0:00:10 > 0:00:12- Guilty.- No!
0:00:12 > 0:00:14No! No!
0:00:17 > 0:00:19Are you the monster?
0:00:20 > 0:00:21SCREAMS
0:00:21 > 0:00:24Thou must be a ruffian to get at the truth.
0:00:24 > 0:00:26The court is yours not Garrow's.
0:00:26 > 0:00:28You are not sentenced yet.
0:00:32 > 0:00:36Are you aware of the role this trial will play in our nation's history?
0:00:36 > 0:00:40- He was slain by them!- You may have trained me but you do not own me.
0:00:40 > 0:00:41Blast your eyes, you damned bitch!
0:00:41 > 0:00:43Mr Garrow!
0:00:43 > 0:00:46These are the men who will decide what charge you face.
0:00:46 > 0:00:49Your law is weak if men can bend it to their will.
0:00:49 > 0:00:53- Damn the lot of you! - This is a lynching, not a trial!
0:02:08 > 0:02:11Next prisoner!
0:02:13 > 0:02:19Eliza Radnell, spinster was indicted for that she on the 26th of April...
0:02:19 > 0:02:22Oh, please take pity, sirs, tis my wife.
0:02:22 > 0:02:26..house of Thomas Langstaffe did breach and enter,
0:02:26 > 0:02:29no person being therein and stealing
0:02:29 > 0:02:34thence one linen shift, one pair of worsted stockings, twelvepence.
0:02:34 > 0:02:41I call the prosecutrix, Mrs Mary Langstaffe.
0:02:41 > 0:02:43Would that the jury concentrate as much as you.
0:02:43 > 0:02:45Then this would be a much improved place.
0:02:45 > 0:02:49- As for your place, it is not here alas.- Just one more case!
0:02:49 > 0:02:52You are not employed here.
0:02:52 > 0:02:54Will!
0:02:54 > 0:02:58I came home and found her within.
0:02:58 > 0:03:01I asked her how she got in, she could not tell.
0:03:01 > 0:03:04I asked her what business she had with my things, she could not tell.
0:03:04 > 0:03:10I got assistance and kept her there until the parish beadle came over.
0:03:10 > 0:03:12Mr Crompton will not be pleased.
0:03:12 > 0:03:14It is drudgery there.
0:03:14 > 0:03:16I was not called to the bar to be buried in book dust.
0:03:16 > 0:03:21The prisoner shall speak for herself in her own defence.
0:03:21 > 0:03:24And again and as ever, no defence counsel for the prisoner.
0:03:24 > 0:03:30I beg your pardon, sir, but I had drunk part of four pints of two penny.
0:03:30 > 0:03:33I let myself in the house to sleep, I put the clothes on for warmth.
0:03:33 > 0:03:35LAUGHTER
0:03:35 > 0:03:38Jurymen, consider your verdict.
0:03:47 > 0:03:49- You have reached a verdict?- Guilty!
0:03:49 > 0:03:52- No! - CHEERING
0:03:52 > 0:03:54It did not take them long to confer.
0:03:54 > 0:03:56The sentence is branding.
0:03:56 > 0:04:00- No!- Relative to transportation, it is a mercy.
0:04:00 > 0:04:04But she may have been telling the truth, that she was not guilty.
0:04:04 > 0:04:10The wisdom of the court observes that it requires no manner of skill to make a plain and honest defence.
0:04:10 > 0:04:14But it will, one day it will. SHE SCREAMS
0:04:14 > 0:04:18BRANDING HISSES JEERING
0:04:18 > 0:04:19An acquittal shall follow!
0:04:20 > 0:04:27Will, when you have a criminal brief, it will be your duty to address a court of law but not now.
0:04:27 > 0:04:31Nicholas Porter is indicted for stealing two fat hogs
0:04:31 > 0:04:36value 40 shillings and 18 live fowls value nine shillings...
0:04:37 > 0:04:39Mr Southouse!
0:04:39 > 0:04:41You have business in there this afternoon?
0:04:41 > 0:04:48A silk merchant prosecuted by a creditor with half a guinea to enlist me as his attorney.
0:04:48 > 0:04:50Is he in need of counsel, I should very much like to help.
0:04:50 > 0:04:52You should hurry.
0:05:12 > 0:05:15Mr Garrow?
0:05:15 > 0:05:16Mr Crompton.
0:05:34 > 0:05:37Brandy here. This man's not long been robbed at gunpoint!
0:05:39 > 0:05:40Come on. Come and sit down.
0:05:42 > 0:05:47The wretch clapped a pistol to my breast and demanded my money!
0:06:06 > 0:06:09Whoa!
0:06:10 > 0:06:15You robbed this gentleman, you wretch. And now you'll be brought to justice.
0:06:23 > 0:06:26Mr Southouse! I've never been inside Newgate, I would learn from it.
0:06:26 > 0:06:29I'm not there to furnish you with experience.
0:06:29 > 0:06:33- Well, what then?- A very faithful and sincere young woman has
0:06:33 > 0:06:36sold half her possessions to pay for my service on behalf of her brother.
0:06:36 > 0:06:39It is a limited service, you cannot appear in court, you may tell him
0:06:39 > 0:06:43who and what is sworn against him and help prepare his speech...
0:06:43 > 0:06:44- And it may save his life.- It may.
0:06:44 > 0:06:47Mr Southouse, I promise I will not speak I will merely observe.
0:06:47 > 0:06:50I have seen you observe at the Old Bailey.
0:06:50 > 0:06:55- Your eyes are very busy as is your mouth, unfortunately.- I cannot stay in the Pleader's Office!
0:06:55 > 0:06:57Then head for Quarter Sessions.
0:06:57 > 0:07:01Pass paupers from one parish to another! Oppose dancing licences...
0:07:01 > 0:07:03I will be an Old Bailey barrister
0:07:03 > 0:07:08and I will seek any attorney for my briefs but I would rather you embraced me, dear mentor.
0:07:09 > 0:07:12Very well...
0:07:12 > 0:07:14but in silence.
0:07:23 > 0:07:28Mr Southouse, always a pleasure to see you going about your business.
0:07:28 > 0:07:29My er...
0:07:29 > 0:07:31His humble servant.
0:07:31 > 0:07:33Peter Pace, please.
0:07:33 > 0:07:34This way, gentlemen.
0:07:36 > 0:07:42So, the young lady's brother was brought before the justice for violent theft and highway robbery.
0:07:42 > 0:07:45Half a guinea is a not inconsiderable sum...
0:07:45 > 0:07:48but for his life, it may be a bargain.
0:07:50 > 0:07:51Thank you.
0:08:04 > 0:08:06Peter, this is Mr Southouse your attorney.
0:08:06 > 0:08:09I never saw my accusers at all until they come up to me and knocked me off my horse.
0:08:09 > 0:08:13They stamped on my head, they said they would butcher me for what I done.
0:08:13 > 0:08:14They said, "Damn his eyes, kill him!"
0:08:14 > 0:08:18My pen is not yet out of my pocket, Mr Pace.
0:08:18 > 0:08:19Please...
0:08:26 > 0:08:32Now then, tell me, at magistrate's court, what passed?
0:08:32 > 0:08:34I cannot exactly recall.
0:08:34 > 0:08:36My mind was not set right.
0:08:36 > 0:08:39Mr Grove, the prosecutor swore he was the highwayman.
0:08:39 > 0:08:41The charge says that two shillings were stolen.
0:08:41 > 0:08:43They did not find me two shillings richer.
0:08:43 > 0:08:47- You were searched immediately? - I was more set upon...
0:08:47 > 0:08:50- and then brought along. - You were in want of money?
0:08:50 > 0:08:53- Sir?- Will!
0:08:53 > 0:08:54Did you see an opportunity?
0:08:54 > 0:08:59- A man, alone on a deserted road. - You will wait outside!
0:08:59 > 0:09:02The man you overtook put a pistol to his cheek and then discarded it.
0:09:02 > 0:09:06- Never! - Explain this! Who is this accuser?
0:09:06 > 0:09:09Mr Garrow. Apprentice to me at 15...
0:09:09 > 0:09:12But too gifted in law to be a mere attorney.
0:09:12 > 0:09:15Come, sir, you can speak freely. Black is white and white is black,
0:09:15 > 0:09:18according as we are paid, our loyalty is to the client, not to the truth.
0:09:18 > 0:09:20- William!- Speak freely?
0:09:20 > 0:09:23Oh, I have a language for you, sir.
0:09:23 > 0:09:27Damn you both if you would take a guinea from me or my sister and think to have me lie.
0:09:27 > 0:09:29I will not have you!
0:09:29 > 0:09:30Good.
0:09:30 > 0:09:33Excellent. Well said.
0:09:33 > 0:09:35You will not give a better testimony.
0:09:38 > 0:09:40Oh! Oh, I see.
0:09:40 > 0:09:44- You do?- He puts it to me and I...
0:09:44 > 0:09:45Excellent, sir.
0:09:45 > 0:09:48And am I blessed to have the both of you to serve me?
0:09:48 > 0:09:50A...not...
0:09:50 > 0:09:53Mr Garrow is a barrister.
0:09:53 > 0:09:55I would be bound to instruct him.
0:09:55 > 0:09:57Then do so. Mary?
0:09:57 > 0:09:59But the cost of a barrister, madam.
0:09:59 > 0:10:01Half a guinea?
0:10:01 > 0:10:04- I'm afraid that will not... - Half a guinea.
0:10:05 > 0:10:07Half a guinea.
0:10:10 > 0:10:11You are instructed.
0:10:11 > 0:10:15- I am instructed. - Attorney and counsel.
0:10:15 > 0:10:18- This goes well.- This goes very well.
0:10:25 > 0:10:29- SHUFFLES PAPER - Mr Garrow?
0:10:29 > 0:10:31Mr Crompton.
0:10:57 > 0:11:00Will... William!
0:11:00 > 0:11:02You will concentrate here.
0:11:06 > 0:11:08- This is the brief.- It is.
0:11:08 > 0:11:12- It s very thin.- Well, you're not allowed to see the indictment.
0:11:12 > 0:11:16You are refused copies of the deposition sworn against your client.
0:11:16 > 0:11:21You are not permitted to visit your client while he is in Newgate.
0:11:21 > 0:11:27When you are at the Old Bailey you will not be allowed to address the jury, make an opening statement
0:11:27 > 0:11:29or a closing speech.
0:11:29 > 0:11:36You may call witnesses as to the prisoner's character but they are not bound to appear.
0:11:36 > 0:11:41In fact, not only is it impermissible for counsel to make a full defence,
0:11:41 > 0:11:44it is barely allowable for them to actually win a case.
0:11:44 > 0:11:47Hence the thinness of your papers.
0:11:51 > 0:11:54But in the meantime, Mr Southouse, what have I to save Mr Pace from the rope?
0:11:54 > 0:11:57The prosecution's testimony.
0:11:57 > 0:11:59You must find a weakness in it.
0:11:59 > 0:12:03Study your brief. I shall see you at court.
0:12:03 > 0:12:05Goodnight, Will.
0:12:05 > 0:12:11And if you cannot sleep, let us hope it's from anticipation and not fear.
0:12:12 > 0:12:13Good night.
0:12:52 > 0:12:53William!
0:12:58 > 0:12:59You look splendid.
0:13:03 > 0:13:06Oh, no. Edward Forrester. A renowned thief-taker.
0:13:06 > 0:13:10If he's involved in the prosecution, this goes not so well.
0:13:10 > 0:13:16- Mr Southouse, if a thief-taker is at the heart of this that will help make our defence.- Or our damnation.
0:13:16 > 0:13:18Good luck, Will.
0:13:18 > 0:13:20Mary!
0:13:51 > 0:13:53Who's this?
0:13:54 > 0:13:57- William Garrow from Lincoln's Inn. - By way of?
0:13:57 > 0:14:01- Sir? - Well, not Oxford or I'd know you.
0:14:01 > 0:14:04Articled to an attorney, John Southouse of Milk Street.
0:14:04 > 0:14:07You received your education in Billingsgate.
0:14:07 > 0:14:10Oh, dear...
0:14:10 > 0:14:12Silvester.
0:14:12 > 0:14:15Middle Temple.
0:14:15 > 0:14:18Come to condemn the wretches or confound the jury today?
0:14:18 > 0:14:20I've come to defend a man.
0:14:20 > 0:14:23- First case?- Peter Pace.
0:14:23 > 0:14:26You're against me. And the facts.
0:14:26 > 0:14:28Court shall rise.
0:14:28 > 0:14:32Still, they'd need only detain for us for a few hours, then what's next?
0:14:33 > 0:14:39Oh, a coining. Well, that will make two hangings before lunch.
0:14:39 > 0:14:42- I recommend the broth.- I recommend you read your brief again.
0:14:47 > 0:14:52The prisoner, Peter Pace, is indicted for that he,
0:14:52 > 0:14:57in the King's highway in and upon William Grove, feloniously
0:14:57 > 0:15:04did make an assault, putting him in corporeal fear and danger of his life and stealing from his person
0:15:04 > 0:15:10two shillings in monies numbered the property of the said William Grove.
0:15:12 > 0:15:15Call William Grove.
0:15:15 > 0:15:19So, the alarm being raised, we gave chase.
0:15:19 > 0:15:24Mr Forrester, myself and Mr Stoddert who'd witnessed the assault upon me.
0:15:24 > 0:15:29Mr Grove, at the magistrate's committal you swore to the identity of the fellow.
0:15:29 > 0:15:34Could you please do so now again for the benefit of this court?
0:15:34 > 0:15:36- You lie!- Behold the prisoner!
0:15:38 > 0:15:42A humour not to be encountered on any lonely by-way.
0:15:42 > 0:15:44No more questions.
0:16:01 > 0:16:03You know this man?
0:16:03 > 0:16:05I know this is the man that robbed me.
0:16:05 > 0:16:09You swore before the magistrate,
0:16:09 > 0:16:14- that the man who robbed you covered his face with a handkerchief.- Yes.
0:16:14 > 0:16:16Yes.
0:16:16 > 0:16:18So how were you able to swear to Mr Pace?
0:16:20 > 0:16:22This man rode a grey mare.
0:16:24 > 0:16:26Is there a horse in the dock, Mr Grove?
0:16:26 > 0:16:28- TITTERING - Sir?
0:16:30 > 0:16:32A grey mare accused of robbery?
0:16:32 > 0:16:35I do not know what you mean, sir.
0:16:35 > 0:16:39Well, your only means of identification is by way of the horse my client was riding.
0:16:39 > 0:16:43You could not swear to his face, only to his horse. LAUGHTER
0:16:52 > 0:16:55What words did your attacker make use of?
0:16:55 > 0:16:57He demanded my money or my life.
0:16:57 > 0:17:01- Those were the very words, your money or your life?- Well, he expressed it in that manner.
0:17:01 > 0:17:03He came up, shows me the pistol and he says...
0:17:03 > 0:17:06Your money or your life, remarkable. LAUGHTER
0:17:09 > 0:17:11- You were robbed of two shillings? - I was.
0:17:11 > 0:17:15Oh, dear, still £40 is better than two shillings.
0:17:15 > 0:17:19- Well, I don't know that it is under a wrong cause.- A wrong cause.
0:17:19 > 0:17:24You know it is not every day that one gets £40 reward for hanging a man? Is that not your cause?
0:17:24 > 0:17:28M'lord. My learned friend Mr Garrow has a very rude approach.
0:17:28 > 0:17:30Mr Garrow...
0:17:30 > 0:17:32do not speculate.
0:17:32 > 0:17:37Interrogate. And do so with a little delicacy.
0:17:37 > 0:17:39Hear, hear!
0:17:43 > 0:17:44Who paid for this prosecution?
0:17:44 > 0:17:48- Mr Forrester.- Mr Forrester - the renowned thief-taker.
0:17:48 > 0:17:49Yes, sir.
0:17:49 > 0:17:52And who paid for your expenses to attend this business?
0:17:52 > 0:17:56- Mr Forrester.- What assistance that man does provide.
0:17:59 > 0:18:01No further questions, my lord.
0:18:04 > 0:18:05Thank you, Mr Grove.
0:18:07 > 0:18:11Do you think Mr Garrow makes an impression on the jury?
0:18:11 > 0:18:15Forrester appears next and he has made an impression on many juries.
0:18:15 > 0:18:17Call Edward Forester!
0:18:17 > 0:18:20A robbery takes place on the road
0:18:20 > 0:18:23from Hounslow to Hanworth
0:18:23 > 0:18:29where a thief-taker is dining at that very hour. A rare convenience?
0:18:29 > 0:18:33The good fortune of those in need.
0:18:33 > 0:18:36You had no fear to pursue a man who would wield a pistol.
0:18:36 > 0:18:38I had a pistol of my own, sir.
0:18:40 > 0:18:41Who paid for this prosecution?
0:18:41 > 0:18:44- I paid half a guinea. - Who paid for the indictment?- I did.
0:18:44 > 0:18:46To see justice done?
0:18:46 > 0:18:50To obtain the conviction of a guilty man who would put others in fear and danger of their life.
0:18:50 > 0:18:52- You are quoting the indictment. - It is also my belief.
0:18:52 > 0:18:55- As a thief-taker?- And as a man.
0:18:55 > 0:18:58But as the former, you are a taker of rewards for the apprehension
0:18:58 > 0:19:01and conviction of those found guilty of serious crimes.
0:19:01 > 0:19:02As the government sees fit.
0:19:02 > 0:19:05And are you hoping for a reward here?
0:19:05 > 0:19:08I would not presume on the judge, the jury or the law.
0:19:12 > 0:19:15I put it to you that this crime did not take place.
0:19:16 > 0:19:19A man was caught, brought before the magistrate and stands here now.
0:19:19 > 0:19:24I put it to you that you paid Grove to make a hue and cry against an innocent man,
0:19:24 > 0:19:28- turn him all at once into a highwayman. - Innocence is the jury's business.
0:19:28 > 0:19:30I put it to you that you invented this robbery. MURMURING
0:19:30 > 0:19:32I put it to you that...
0:19:32 > 0:19:35the victim and the witness are schemes of your own fiction
0:19:35 > 0:19:38as is the blameless prisoner you accuse as your robber!
0:19:38 > 0:19:40JUDGE BANGS GAVEL
0:19:40 > 0:19:47Mr Garrow, it is your job to excite distrust of the evidence not to make a speech on your client's behalf.
0:19:47 > 0:19:50Please forgive my learned friend, m'lord.
0:19:50 > 0:19:54Until today he's never actually been in the law.
0:19:57 > 0:19:59GALLERY LAUGH
0:19:59 > 0:20:02How long have you been in the business of thief-taking?
0:20:02 > 0:20:04Um... I can't rightly tell.
0:20:04 > 0:20:06Well, guess a little, how long?
0:20:06 > 0:20:08Well, clearly some time longer than you've been a counsellor.
0:20:08 > 0:20:10LAUGHTER
0:20:20 > 0:20:24- How many...- Sir?
0:20:27 > 0:20:31- How many trials did you appear upon last sessions?- Never a one.
0:20:31 > 0:20:34There was no blood money last sessions?
0:20:34 > 0:20:36If there were no thieves, how would you get a brief?
0:20:36 > 0:20:38Unless this be your last.
0:20:38 > 0:20:39LAUGHTER
0:20:43 > 0:20:45No more questions.
0:20:45 > 0:20:49Thank you, Mr Forrester.
0:20:56 > 0:20:59Gentlemen, you will consider your verdict.
0:21:10 > 0:21:13You may wish to leave this place.
0:21:13 > 0:21:16I cannot until I know my brother's fate.
0:21:19 > 0:21:21You have reached a verdict?
0:21:21 > 0:21:24- Unanimously. - How do you find the prisoner?
0:21:24 > 0:21:25Guilty.
0:21:25 > 0:21:26No!
0:21:30 > 0:21:32- No! - SHE SOBS
0:21:32 > 0:21:36No! Please! God have mercy!
0:21:36 > 0:21:38Judge, your Lord, I beseech you!
0:21:38 > 0:21:40The sentence is death.
0:21:40 > 0:21:42Death by hanging.
0:21:54 > 0:21:57Take the prisoner down.
0:22:04 > 0:22:06No! No!
0:22:06 > 0:22:10JEERING AND SHOUTING
0:22:15 > 0:22:18It troubles you not to derive your living from the groans of the gallows?
0:22:20 > 0:22:22Mr Garrow!
0:22:22 > 0:22:24The man is all a-flutter, my lord.
0:22:25 > 0:22:29I should demand satisfaction if I had not already found it in the verdict.
0:22:29 > 0:22:34- You will apologise to Mr Silvester. - I will only apologise to my client.
0:22:34 > 0:22:37- Then I shall commit you! - So your lordship may!
0:22:37 > 0:22:40Mr Garrow, you are hot-headed and intemperate.
0:22:40 > 0:22:45This is your first case here and you have lost it.
0:22:45 > 0:22:47So, I forgive you.
0:22:47 > 0:22:49Now sit down.
0:22:56 > 0:23:00Next prisoner.
0:23:10 > 0:23:12May I?
0:23:12 > 0:23:14Eat! Broth.
0:23:14 > 0:23:16You need food, man.
0:23:16 > 0:23:20That, and a stronger constitution.
0:23:20 > 0:23:24It is the lot of defence counsel to see their clients carried off to Tyburn.
0:23:24 > 0:23:27I was determined mainly to prosecute, far more congenial.
0:23:27 > 0:23:32And as for the rights of prisoners, that's a very irregular income.
0:23:32 > 0:23:35- You will learn that the law is not a game for gentlemen.- Will I?
0:23:35 > 0:23:40And you shall learn to become a gentleman or there shall be no law for you at all.
0:23:41 > 0:23:43Mr Garrow.
0:23:54 > 0:23:58Sir Arthur Hill MP invites you to dinner.
0:23:58 > 0:24:00Now you have an opportunity, Garrow.
0:24:00 > 0:24:03Are you familiar with the phenomenon of cutlery?
0:24:09 > 0:24:12I have made law and order my business in parliament, Mr Garrow,
0:24:12 > 0:24:18but I fear I understand the law only as we legislate and not as it is practised.
0:24:18 > 0:24:21Even an MP should not be quite so narrow.
0:24:21 > 0:24:23So you do attend the Old Bailey, Sir Arthur?
0:24:23 > 0:24:26I am fortunate to have the attendance of my wife there.
0:24:26 > 0:24:32- Mr Garrow, we are grateful that you did accept our invitation. - Lady Sarah.
0:24:34 > 0:24:40Well, I imagine those that see me at the bench would consider me there for my leisure and sport
0:24:40 > 0:24:44and Judge Buller certainly does think me very elegant alongside him.
0:24:44 > 0:24:47And how could you not look so, beside him!
0:24:47 > 0:24:49I'm not there for his decoration.
0:24:49 > 0:24:54But on my behalf, so that I'm informed from the very place where justice is dealt.
0:24:54 > 0:24:57The law be dealt there but no justice.
0:25:03 > 0:25:05You will enlighten us?
0:25:05 > 0:25:09I am sorry if you feel a source of enquiry for a good dinner but
0:25:09 > 0:25:14I think at least you should have your dinner before you feel so used.
0:25:14 > 0:25:17The law is the concern of us all here.
0:25:17 > 0:25:20We are under siege in London from ruffianism.
0:25:20 > 0:25:22From Chick Lane to the Ratcliffe Highway.
0:25:22 > 0:25:24We all do well to employ our own watchmen.
0:25:24 > 0:25:26And form our own societies.
0:25:26 > 0:25:30You have heard of the Society for the Reformation of Manners, Mr Garrow?
0:25:30 > 0:25:32You campaign, Mrs Browning?
0:25:32 > 0:25:36We bring prosecutions in the hope that it will be...improving.
0:25:36 > 0:25:43Improving manners in illegitimacy, adultery, bawdy houses, molly houses, prostitution.
0:25:43 > 0:25:47- What's a molly house? - And what do you know of such?
0:25:47 > 0:25:50I pay attention at the Old Bailey as you would have me do is all.
0:25:50 > 0:25:51Pay attention to...?
0:25:51 > 0:25:55Sodomy, Mr Sowerby. Sodomy and catamites.
0:25:55 > 0:25:58Please sir, you may examine me.
0:26:00 > 0:26:04My wife did remark that your...
0:26:04 > 0:26:07defence of the prisoner was very...
0:26:08 > 0:26:09singular.
0:26:09 > 0:26:12It was why we did invite you here.
0:26:12 > 0:26:16You do not favour the protection of our society in prosecution?
0:26:16 > 0:26:18The Bloody Code upheld?
0:26:18 > 0:26:21The terror of the rope, the branding iron,
0:26:21 > 0:26:24the thief-takers' corruption that sends innocent men to Tyburn?
0:26:24 > 0:26:28And you think a battle amongst counsel the best way of arriving at the truth?
0:26:28 > 0:26:32The prisoner in the dock has been too long left to his fate for want of counsel.
0:26:32 > 0:26:34And is your loyalty to the prisoner,
0:26:34 > 0:26:37- or your fee? - My loyalty is to the truth.
0:26:37 > 0:26:41- But you'll settle for a 'not guilty' regardless of the truth?- You think we should eke out injustice all day
0:26:41 > 0:26:44for one wrong verdict that may come between?
0:26:44 > 0:26:46I will not believe that the law is a lie.
0:26:46 > 0:26:50And I think I may be better minded to listen to talk of reform were it
0:26:50 > 0:26:53not so bound up with the burgeoning prospects of defence counsel.
0:26:53 > 0:26:55Now there's a truth for you.
0:26:55 > 0:27:02"Did not the felon firmly fix his hope on flaw or jaw and so escape the rope?
0:27:02 > 0:27:08"Justly he'd meet that fate without reprieve that comes when the Advocate fails to deceive."
0:27:08 > 0:27:10LAUGHTER
0:27:10 > 0:27:13A good satire, sir.
0:27:13 > 0:27:18It seems your investigations into the law were concluded before they had begun.
0:27:18 > 0:27:24If I am not a source of satire for a good dinner, I will also not be a source of amusement for it.
0:27:36 > 0:27:41I remember my father teaching in the school where my education was under his superintendence.
0:27:42 > 0:27:49We were both mocked - him by his better born pupils for the plainness of his background
0:27:49 > 0:27:53and myself for the fact that no fee was paid for my education.
0:27:55 > 0:27:58My father's service was the fee.
0:27:58 > 0:28:02He suffered their insults behind his back, he never turned to face them down.
0:28:02 > 0:28:05And you were taken out?
0:28:05 > 0:28:07Because I would bite and scratch.
0:28:07 > 0:28:10They were for Oxford, I was articled.
0:28:10 > 0:28:13And I was grateful for it.
0:28:16 > 0:28:18And now?
0:28:18 > 0:28:22My dear friend, I thank you for your trust but you should not have instructed me with the case.
0:28:22 > 0:28:25Well, now you are instructed at least.
0:28:25 > 0:28:30- But I was undone by my arrogance, my inexperience.- You lack manners.
0:28:30 > 0:28:32You were too angry.
0:28:32 > 0:28:34You lost control.
0:28:34 > 0:28:37And what did you mean to challenge Judge Buller?
0:28:37 > 0:28:40You are in the law, you cannot be in contempt of it.
0:28:40 > 0:28:41The law is itself contemptible.
0:28:41 > 0:28:44Then perhaps you are not ready to practise it.
0:28:49 > 0:28:52Your new chambers are very commodious.
0:28:54 > 0:28:57If I still have use for them.
0:29:00 > 0:29:03LABOURED BREATHING
0:29:07 > 0:29:09SHE CRIES OUT IN PAIN
0:29:28 > 0:29:31SHE PANTS AND GROANS
0:29:31 > 0:29:33SHE SOBS
0:30:10 > 0:30:16It is a vile day at the Old Bailey when we are in want of eleventh-hour briefs from attorneys.
0:30:16 > 0:30:22A state of affairs you may well have to get used to permanently unless you begin to win.
0:30:22 > 0:30:24More than agreeable.
0:30:26 > 0:30:29Mr Silvester.
0:30:29 > 0:30:30A murder!
0:30:31 > 0:30:36And all prosecution witnesses already called before the coroner.
0:30:36 > 0:30:37Lunch will come early.
0:30:40 > 0:30:42Will! It was a prosecution brief.
0:30:42 > 0:30:45You could not trust me with such a case?
0:30:45 > 0:30:49I think... I think things came a little too quickly.
0:30:49 > 0:30:53"Here and there in the crowd we mark with pity,
0:30:53 > 0:30:56"for his too certain fate,
0:30:56 > 0:31:02"the careworn face of some self-educated peasant.
0:31:02 > 0:31:07"The ambition which has aspired his toil in the unwonted field of legal labour
0:31:07 > 0:31:10"is doomed to inevitable blight."
0:31:13 > 0:31:17So, Mrs Tarling, the prisoner Elizabeth Jarvis
0:31:17 > 0:31:21came into your service as a servant some three weeks since?
0:31:21 > 0:31:25Yes, your honour. After a few days I suspected she was with child.
0:31:25 > 0:31:28She insisted she was not.
0:31:28 > 0:31:32If the magistrate thinks the case strong enough to go to trial,
0:31:32 > 0:31:36the Society will bring a prosecution upon this wretch.
0:31:36 > 0:31:40..And found blood on the kitchen table and on the floor.
0:31:40 > 0:31:44I took a candle and followed the spots of blood
0:31:44 > 0:31:47into the coal cellar... Sorry.
0:31:47 > 0:31:49Pray continue, Mrs Tarling.
0:31:49 > 0:31:51I hope you will not find this too distressing.
0:31:51 > 0:31:53I am not concerned about myself.
0:31:54 > 0:31:56Who will defend her?
0:31:56 > 0:31:59She may ask God's mercy.
0:31:59 > 0:32:03A pair of stockings soaked in blood and...
0:32:03 > 0:32:07as I moved a box... the body of a dead child.
0:32:31 > 0:32:35Her name is Elizabeth Jarvis.
0:32:35 > 0:32:38She is committed for trial - infanticide.
0:32:38 > 0:32:42- And you will pay for counsel? - I will pay for Mr Garrow.
0:32:44 > 0:32:46Mr Garrow?
0:32:46 > 0:32:47No other.
0:32:54 > 0:32:57MEN LAUGH AND CHATTER
0:32:59 > 0:33:01- Will.- Mr Southouse.
0:33:03 > 0:33:08You have a brief for me and I am like a dog called to its bowl. Thank you.
0:33:08 > 0:33:11- A tankard of ale, please. - Of course.
0:33:16 > 0:33:19How has a maidservant a guinea for her defence?
0:33:19 > 0:33:24A lady has a guinea and an inclination to help her.
0:33:24 > 0:33:26And you have an inclination to help me?
0:33:26 > 0:33:30We have to prove that the child was born dead.
0:33:30 > 0:33:33Otherwise the mother be presumed guilty of its murder.
0:33:33 > 0:33:36The presumption of innocence not applying in infanticide.
0:33:36 > 0:33:38Particularly when she is unmarried.
0:33:38 > 0:33:41Particularly when the birth was concealed.
0:33:41 > 0:33:46Regarded as usually conclusive evidence of the woman's guilt.
0:33:46 > 0:33:50And the evidence that would be in her favour?
0:33:50 > 0:33:52Did she confess the pregnancy?
0:33:52 > 0:33:55Did she seek assistance in labour?
0:33:55 > 0:33:58Did she prepare for birth by the collection of linen?
0:33:58 > 0:34:00And the answer to all three be no?
0:34:01 > 0:34:05And there is the presence of a bloody knife
0:34:05 > 0:34:07and a surgeon attesting to marks of violence.
0:34:07 > 0:34:10Mr Southouse, this is an unwinnable case.
0:34:10 > 0:34:13Previously you were a barrister with too much confidence,
0:34:13 > 0:34:15now you are one with none.
0:34:15 > 0:34:18All right, I will earn my guinea. But who has pledged it?
0:34:18 > 0:34:21Who has better faith than I that we can obtain an acquittal here?
0:34:21 > 0:34:23Her name is Lady Sarah Hill
0:34:23 > 0:34:27and she attended the magistrate's committal for her education.
0:34:27 > 0:34:32- Lady Sarah Hill instructed you? - And most expressly asked for you.
0:34:36 > 0:34:41Mrs Browning did almost drop her spoon when you left the room.
0:34:41 > 0:34:43Well, at least she will not try to enlist me for her society.
0:34:43 > 0:34:47You could not join the Reformation of Manners because you have none.
0:34:47 > 0:34:51I refuse to be reformed. And your husband?
0:34:51 > 0:34:55- He did not object.- Because he thinks I fled the argument.
0:34:55 > 0:34:58His beliefs are sincere and certain.
0:34:58 > 0:35:00But you do not share them?
0:35:00 > 0:35:02On this particular cause, no.
0:35:08 > 0:35:12My husband sat on a parliamentary committee
0:35:12 > 0:35:15with the aim of reforming the law on infanticide.
0:35:15 > 0:35:20It was suggested that a lesser charge - concealment - be instigated in its place.
0:35:20 > 0:35:21Your husband was an opponent?
0:35:21 > 0:35:23Concealment carries a two-year sentence.
0:35:23 > 0:35:29He was still of the opinion that women who bring forth bastards should be hung.
0:35:29 > 0:35:32- You have read on the subject? - Secretly,
0:35:32 > 0:35:36from the papers that lay in my husband's study.
0:35:36 > 0:35:39Mrs Browning is convinced that in Elizabeth Jarvis
0:35:39 > 0:35:43they will punish sexual licentiousness and loose morals.
0:35:43 > 0:35:48I only saw a young woman trapped and overwhelmed with fear.
0:35:49 > 0:35:52But you are not afraid yourself, I think?
0:35:53 > 0:35:58My husband would consider my participation in this an infidelity.
0:35:58 > 0:36:00Well, it shall remain a confidence we share.
0:36:00 > 0:36:05But in defence, and in this case above all, I am disadvantaged in law.
0:36:05 > 0:36:10Then you shall have all the evidence I noted in the magistrate's parlour.
0:36:10 > 0:36:13I believe I am fortunate to have made your acquaintance.
0:36:13 > 0:36:15And fortune may allow us to prevail.
0:36:19 > 0:36:22- To Newgate! But it's not permissible.- Why?
0:36:22 > 0:36:26- It's not etiquette. - You would prefer taste to justice?
0:36:26 > 0:36:29I must know more. I must see the prisoner!
0:36:29 > 0:36:33I am the attorney. I talk to the client, I make the preparation!
0:36:33 > 0:36:36You do not trust my services all of a sudden?
0:36:36 > 0:36:39I do not trust myself, Mr Southouse.
0:36:39 > 0:36:42It is not a wish to flout conventions,
0:36:42 > 0:36:46it is simply thoroughness to ensure all ground is covered in this case.
0:36:46 > 0:36:50And that I am truly prepared - where before I was not.
0:36:50 > 0:36:54- Well, if it comes from humility, then happily.- Good, excellent.
0:36:54 > 0:36:57Lady Sarah will meet us there.
0:36:57 > 0:36:59Lady Sarah, how so?
0:37:03 > 0:37:08Elizabeth... you lied about not being pregnant.
0:37:08 > 0:37:12You then attempted to conceal the birth.
0:37:12 > 0:37:16Explain to me as counsel for the prosecution would have you do.
0:37:16 > 0:37:20The knowledge of my pregnancy would bring about my dismissal, sir.
0:37:20 > 0:37:24And I would have left that residence with no character reference
0:37:24 > 0:37:29and little chance I'd be taken into service again.
0:37:29 > 0:37:33- And I did not want to own my shame. - You prepared no linen.
0:37:33 > 0:37:37I had not the wits or the wherewithal to plan anything.
0:37:37 > 0:37:40You had the wherewithal for a knife, Elizabeth.
0:37:40 > 0:37:44You had the wits to know that you would cut the navel string. That was cold experience.
0:37:46 > 0:37:51- Well?- I knew I had to separate the child from me.
0:37:51 > 0:37:55Bodily, yes. And in life? Did you want it dead so you could live?
0:37:55 > 0:37:59The child was already dead, sir! But if it had lived...
0:37:59 > 0:38:03Would you have killed it? Would you? Look at me?!
0:38:04 > 0:38:10I would have hid it, in the hope that it would be found alive and well and looked after.
0:38:10 > 0:38:12And never have to follow in the low ways of its mother.
0:38:15 > 0:38:17Gaoler?
0:38:22 > 0:38:24You would go there for thoroughness?
0:38:24 > 0:38:26You simply convinced her of her own worthlessness.
0:38:26 > 0:38:28And convinced myself of her innocence.
0:38:28 > 0:38:30You think to play rough tricks?
0:38:30 > 0:38:33I am in want of rough tricks. I am learning some.
0:38:33 > 0:38:38- Her innocence may be established in court, not in Newgate.- Maybe?
0:38:38 > 0:38:41By casting polite doubt on the eyesight of the prosecutrix?
0:38:41 > 0:38:45Or the obtaining of an acquaintance of Elizabeth as character witness? That will not suffice!
0:38:45 > 0:38:50- You cannot insult to an acquittal. It was your mistake before.- That I was not rude enough was my mistake!
0:38:50 > 0:38:53I have no means but to destroy the prosecutrix
0:38:53 > 0:38:56and make war with her counsel. What would you have me say?
0:38:56 > 0:39:00"I am in no way satisfied the jury were right in finding her guilty
0:39:00 > 0:39:03"but at least everything was carried out with the utmost decorum."
0:39:03 > 0:39:06The life of Elizabeth Jarvis is at stake
0:39:06 > 0:39:08in solemn and polished injustice.
0:39:08 > 0:39:10I must be a ruffian to get the truth,
0:39:10 > 0:39:14I must confront the Gentlemen of the Old Bailey to save her life.
0:39:17 > 0:39:21- Lady Sarah.- Lady Sarah. - I am sorry you were in attendance.
0:39:21 > 0:39:22Nonsense!
0:39:22 > 0:39:25I am gratified to hear it.
0:39:25 > 0:39:30Well, then, if you are going to insult,
0:39:30 > 0:39:34your tongue must at least be well prepared with the sharpest of facts.
0:39:34 > 0:39:37Which it is my job, as attorney, as your attorney...
0:39:37 > 0:39:39I've already arranged an appointment.
0:39:39 > 0:39:41Oh? Where?
0:39:41 > 0:39:43We are to meet a surgeon.
0:39:51 > 0:39:53WOMAN SCREAMS IN AGONY
0:40:08 > 0:40:10And these?
0:40:10 > 0:40:13Well, these are the forceps.
0:40:15 > 0:40:17And these?
0:40:17 > 0:40:23- To cut the navel string, in certain circumstances.- Such as?
0:40:23 > 0:40:26- When it's around the baby's throat. - SCREAMING CONTINUES
0:40:28 > 0:40:31- Now, you wish to see the mortuary? - Hm.
0:40:32 > 0:40:36In particular, the lungs of infants recently dead.
0:40:36 > 0:40:39Certainly, there are new cadavers there now.
0:40:40 > 0:40:46By preparation I meant black letter law and statutes not this atrocity!
0:41:16 > 0:41:22Elizabeth Jarvis was indicted for that she, on the 29th April last,
0:41:22 > 0:41:26at the parish of Marylebone, being big with a certain female child,
0:41:26 > 0:41:30the said female child, alone and secretly from her body
0:41:30 > 0:41:34by the providence of God, did bring forth alive,
0:41:34 > 0:41:37which said child, being so born alive...
0:41:37 > 0:41:40Everybody does look at me. Where do I look?
0:41:40 > 0:41:43Fix your eyes on me, in hope you see your acquittal.
0:41:43 > 0:41:46..But being moved and seduced by the instigation
0:41:46 > 0:41:49of the devil feloniously and wilfully
0:41:49 > 0:41:51and of her malice aforethought...
0:41:51 > 0:41:56You listen for some mistake in the indictment to get the case thrown out?
0:41:56 > 0:42:00A forlorn hope but at least you are learning your law , Mr Garrow.
0:42:00 > 0:42:02Improvement will surely follow,
0:42:02 > 0:42:06if not quite enough for acquittal of this careless spinster.
0:42:12 > 0:42:16Mrs Tarling, could you tell me what happened that morning?
0:42:16 > 0:42:19I went to the prisoner's room with my niece.
0:42:19 > 0:42:21I found the prisoner in bed.
0:42:21 > 0:42:24And you found her, apart from horizontal...
0:42:24 > 0:42:26LAUGHTER
0:42:26 > 0:42:30- Sir?- Her manner? - She said she felt better.
0:42:30 > 0:42:32She felt better.
0:42:32 > 0:42:36The baby was downstairs dead and she felt better?
0:42:36 > 0:42:40By this, presumably, you mean she felt relieved and glad?
0:42:40 > 0:42:43- I mean she... - Sanguine and very calm...
0:42:43 > 0:42:48- May the witness not be the subject of ventriloquism.- I put no words into the mouth of the witness.
0:42:48 > 0:42:52- You lead her like a farmer brings a cow to market! - He speaks of his former calling.
0:42:52 > 0:42:57- The cow very sickly, the farmer selling it hasty.- Mr Garrow!
0:43:00 > 0:43:03- Continue, Mr Silvester.- My lord.
0:43:03 > 0:43:05You addressed her in her room...
0:43:05 > 0:43:07as she lay there...
0:43:07 > 0:43:09feeling better?
0:43:09 > 0:43:11Yes, sir.
0:43:11 > 0:43:13And what did you say to her?
0:43:13 > 0:43:17I told her it was a very sad thing
0:43:17 > 0:43:21- and how could she do so cruel an act?- And her reply?
0:43:21 > 0:43:24"Do what, Mrs Tarling?" she said.
0:43:24 > 0:43:26She would not own it?
0:43:26 > 0:43:30I spoke more plain. I asked her how she could destroy the poor little creature.
0:43:30 > 0:43:32And she responded?
0:43:32 > 0:43:34She made no answer.
0:43:35 > 0:43:39She made no answer.
0:43:41 > 0:43:42I have no more questions, my lord.
0:43:44 > 0:43:48Mrs Tarling...
0:43:48 > 0:43:52- do you remember the account of this you gave to the magistrate?- I do.
0:43:52 > 0:43:54Do you remember that you swore it?
0:43:54 > 0:43:56I do.
0:43:56 > 0:44:01I've just heard you tell my learned friend the prisoner gave you no answer.
0:44:01 > 0:44:05- Is that the end of what passed between you?- I cannot recall.
0:44:05 > 0:44:10You say you asked her how she could destroy the poor creature and she gave you no answer.
0:44:13 > 0:44:17I put it to you that you then asked her why she did so.
0:44:17 > 0:44:21- That may be so.- Please try to recall what you have already sworn to.
0:44:22 > 0:44:25I think I asked her if...
0:44:25 > 0:44:29if she destroyed it to prevent its crying.
0:44:29 > 0:44:33You asked her if she destroyed it to prevent its crying, yes or no?
0:44:33 > 0:44:36- Yes, I did, sir. - And how did the prisoner respond?
0:44:36 > 0:44:39- I cannot recall.- Please try! - I cannot.
0:44:39 > 0:44:44That this young woman may be executed in consequence of your evidence, would you not venture to recall?!
0:44:44 > 0:44:46- My lord, this is very rough! - Why do you tremble so?
0:44:46 > 0:44:51- This is an onerous occasion. - Yes, my client's life is at stake!
0:44:51 > 0:44:55Now would you please recall what you swore in front of the magistrate?
0:44:55 > 0:44:59- Or is the truth now too inconvenient to own?- No.- Good.
0:44:59 > 0:45:01Please look at the jury as you do so.
0:45:03 > 0:45:05Very well.
0:45:06 > 0:45:08She said...
0:45:08 > 0:45:11it did not cry.
0:45:11 > 0:45:14It never cried.
0:45:21 > 0:45:23It did not cry.
0:45:23 > 0:45:26It never cried.
0:45:26 > 0:45:29It had no breath to cry.
0:45:29 > 0:45:33It was still and silent and unmoving.
0:45:33 > 0:45:35It was dead when it was born.
0:45:35 > 0:45:39- Court shall adjourn for lunch. - Court shall rise.
0:45:39 > 0:45:41My lord, I have not finished cross-examining the witness.
0:45:41 > 0:45:46It is MY court Mr Garrow and I shall determine the fate of my lamb chops
0:45:46 > 0:45:49as ruthlessly as I determine the law here.
0:45:56 > 0:46:00Sometimes a mouth must simply allow chewing as its function.
0:46:06 > 0:46:10The prisoner used to speak to clear himself or hang himself.
0:46:10 > 0:46:15Now the prisoner is silent, we have the eloquent hectoring of Mr Garrow.
0:46:15 > 0:46:19- In a cause not his own. - Judge, it may not be his cause
0:46:19 > 0:46:23but surely the defence of the accused is progress and therefore some improvement?
0:46:23 > 0:46:30Improvement, madam? How can it be improvement in my own court, where I play a lesser part?
0:46:31 > 0:46:35Am I merely there to temper Mr Garrow's reign of terror?
0:46:35 > 0:46:41I shall have to put out my leg to trip up the coming of these lawyers, or I will be trampled underfoot!
0:46:41 > 0:46:44POLITE LAUGHTER
0:46:51 > 0:46:55Doctor, after you made examination of the child,
0:46:55 > 0:46:58would your opinion be that it was alive or dead
0:46:58 > 0:47:02- at the time the wound to the throat was inflicted?- Oh, alive.
0:47:02 > 0:47:06In wounds made on a living subject, the edges are red and turned out
0:47:06 > 0:47:10and there are little spots of coagulated blood
0:47:10 > 0:47:12from the extremities of the blood vessels.
0:47:12 > 0:47:17Now that would be caused by the coagulation of blood before death.
0:47:17 > 0:47:19- Did you open the body of the child? - I did.
0:47:19 > 0:47:23It was the body of a full-grown, mature, healthy child.
0:47:23 > 0:47:26The lungs were fully inflated which would not have been the case
0:47:26 > 0:47:29had not the child breathed for some little time.
0:47:29 > 0:47:34In other words, the child had been alive when it was cut with the knife.
0:47:34 > 0:47:36That is so.
0:47:36 > 0:47:37Poor little wretch.
0:47:37 > 0:47:40SHOTS AND MURMURS FROM COURT
0:47:45 > 0:47:49- Circulation continues after death, does it not?- Yes.
0:47:49 > 0:47:52So those appearances that you spoke of could equally occur after death?
0:47:52 > 0:47:58I should say not. Unless...a very few minutes after death possibly.
0:47:58 > 0:48:01My experience has not been such.
0:48:01 > 0:48:06- And I understand the test to which you subjected the lungs is called the hydrostatic test?- Yes.
0:48:06 > 0:48:11- And you have read Beck and Taylor's work on medical jurisprudence? - High authorities on that subject.
0:48:11 > 0:48:19Indeed they are. Well, you will tell me whether you subscribe to this doctrine of Professor Taylor.
0:48:19 > 0:48:23"The hydrostatic test is no more capable of showing that a child has been born alive
0:48:23 > 0:48:28"than it is of proving whether it has been murdered or died of natural causes."
0:48:28 > 0:48:30In other words, the exercise is worthless is it not?
0:48:30 > 0:48:32My own experience tells me...
0:48:32 > 0:48:36The high authority on this subject is incorrect?
0:48:41 > 0:48:48I have never before engaged professionally on an inquiry of this nature.
0:48:48 > 0:48:53- Oh, really, then you are some kind of beginner? Your experience doesn't mean much.- Mr Garrow?
0:48:53 > 0:48:57If you have the work of Professor Taylor alongside you,
0:48:57 > 0:49:00may I suggest you read out the relevant excerpt in court.
0:49:04 > 0:49:06Yes, your honour.
0:49:13 > 0:49:16Who is this man? Is this man an attorney?
0:49:16 > 0:49:18Junior counsel, my lord.
0:49:25 > 0:49:31"The majority of those who have made experiments upon this subject have only pretended to show,
0:49:31 > 0:49:35"by the use of this and other tests, whether or not a child has breathed."
0:49:35 > 0:49:39Is that you, sir? Conducting unreliable experiments?
0:49:39 > 0:49:43Pronouncing solemnly on scientific advancements that actually advance nothing?
0:49:43 > 0:49:47The child breathed with some force - it was a vital act.
0:49:47 > 0:49:50And how would it have breathed with a cord around its neck?
0:49:50 > 0:49:52Enough for the lungs to inflate!
0:49:52 > 0:49:55Dear me, sir, how your lungs inflate.
0:49:55 > 0:49:58LAUGHTER
0:50:08 > 0:50:12- Do you recognise these, Mr Herring? - Yes.
0:50:12 > 0:50:13They're used in some deliveries.
0:50:13 > 0:50:18They are used, are they not, in cases where the navel string,
0:50:18 > 0:50:22the umbilical cord, is twisted around the neck of the child.
0:50:22 > 0:50:25- I believe so.- You believe so? - I have not used them.
0:50:25 > 0:50:31I believe the process of cutting the cord in such circumstances is considered so hazardous
0:50:31 > 0:50:36that this peculiar pair of scissors is manufactured for the purpose, is it not?
0:50:36 > 0:50:41To prevent, by accident, an incision in the throat of a child?
0:50:41 > 0:50:42Mr Garrow...
0:50:46 > 0:50:49- I have never cut the cord from a child's neck.- From design?
0:50:49 > 0:50:52I have never had the experience of such an event.
0:50:52 > 0:50:54Really? Oh, dear, oh, dear.
0:50:54 > 0:50:58- Precisely how many children have you delivered?- Several.
0:50:58 > 0:51:01- A dozen or... - Well, one or the other, Mr Herring.
0:51:01 > 0:51:03It is not my specialism.
0:51:03 > 0:51:06Poor fellow, you are without the necessary competence again.
0:51:06 > 0:51:10- My lord, this is bullying. - Curb your tongue, Mr Garrow.
0:51:10 > 0:51:12Yes, your honour.
0:51:12 > 0:51:15Despite your lack of expertise,
0:51:15 > 0:51:19you do acknowledge that cutting the cord from a child's neck
0:51:19 > 0:51:22- may cause an incision there. - It's a possibility.
0:51:23 > 0:51:26Very well.
0:51:26 > 0:51:29Can you not say...
0:51:29 > 0:51:33that a female in such circumstances as unassisted labour may,
0:51:33 > 0:51:35from pain and anxiety,
0:51:35 > 0:51:38become deprived of all judgment,
0:51:38 > 0:51:42cause an incision by accident in the throat of a child?
0:51:42 > 0:51:47A child who was fatally compromised by the cord around its neck...
0:51:47 > 0:51:50and therefore dead
0:51:50 > 0:51:55and from whom this poor mother was naturally anxious to remove herself?
0:51:55 > 0:51:59My lord, my learned friend is addressing the jury.
0:51:59 > 0:52:01My lord, I'm merely looking their way.
0:52:01 > 0:52:04You may not address them with your mouth or your eyes.
0:52:04 > 0:52:07- I know the limitations of my defence. - As do I!
0:52:08 > 0:52:13Perhaps you would like the witness to provide an answer to your...speech.
0:52:13 > 0:52:16- It is my fervent wish. - Then put it to him more succinctly.
0:52:19 > 0:52:21I put it to you, Mr Herring,
0:52:21 > 0:52:25that the wound to the child's throat was not a mark of violence at all
0:52:25 > 0:52:28but a sad sign of desperation.
0:52:28 > 0:52:33She cut her offspring's neck because she did not know what she was doing.
0:52:39 > 0:52:42- It may be so. - HUBBUB IN COURT
0:52:46 > 0:52:49Court will adjourn for a short time.
0:52:49 > 0:52:51Court shall rise.
0:52:54 > 0:52:59I was earlier detained by some doubtful lamp chops and I fear they may detain me again.
0:53:09 > 0:53:14- You think it goes well, Mr Southouse? - I think we head towards acquittal.
0:53:14 > 0:53:18- The judge is determined that you shall lose.- How so?
0:53:18 > 0:53:20In the way he will direct the jury.
0:53:25 > 0:53:27What can be done, Mr Southouse?
0:53:27 > 0:53:29If he is determined, there is nothing to be done.
0:53:33 > 0:53:34Will?
0:53:40 > 0:53:41Court shall rise.
0:53:43 > 0:53:48I cannot address the jury directly so the court must hear your voice.
0:53:48 > 0:53:52- What do I say?- How you did defend yourself to me in Newgate.
0:53:52 > 0:53:54Remember how you were in Newgate.
0:53:54 > 0:53:59- Mr Silvester.- My lord?- Do you wish to call any more witnesses?- None.
0:53:59 > 0:54:04- Mr Garrow, any witnesses as to the defendant's character? - None, my lord.
0:54:05 > 0:54:07Very well.
0:54:07 > 0:54:10Sir...
0:54:10 > 0:54:12if I may...
0:54:19 > 0:54:21I could not own to the pregnancy
0:54:21 > 0:54:24because I could not bear it to be true.
0:54:26 > 0:54:28But I held...
0:54:30 > 0:54:34..I held my child in the cellar
0:54:34 > 0:54:38as its flesh grew colder and colder...
0:54:39 > 0:54:42..until I grew cold next to her.
0:54:44 > 0:54:47I did not sleep that night.
0:54:47 > 0:54:51I did not wash her blood from me. I would not.
0:54:51 > 0:54:53It was also my blood.
0:54:55 > 0:54:59My baby did not suffer in life.
0:54:59 > 0:55:02My baby was born at peace.
0:55:13 > 0:55:20The single question here is whether the mother has proved that the infant was born dead.
0:55:20 > 0:55:23I draw your attention to grievous wounds at the child's throat.
0:55:23 > 0:55:30I draw your attention to the fact the young woman had provided no things for the child -
0:55:30 > 0:55:32no clothing, no linen.
0:55:32 > 0:55:36It suggests that she was in no way prepared
0:55:36 > 0:55:41for the arrival of the child, had no intention of keeping it.
0:55:41 > 0:55:46To be sure, there is evidence to convict of the crime of wilful murder.
0:55:46 > 0:55:51You will confer and reach a verdict.
0:55:53 > 0:55:56JURY CONFERS IN WHISPERS
0:56:14 > 0:56:17- You have reached a verdict? - We have.
0:56:17 > 0:56:21How do you find the prisoner charged with this indictment? Guilty or not guilty?
0:56:21 > 0:56:24Not guilty. HUBBUB IN COURT
0:56:30 > 0:56:33The prisoner is free to go.
0:56:44 > 0:56:47You think I play the law as a game for gentlemen.
0:56:47 > 0:56:49You're not wrong.
0:56:49 > 0:56:52But now, sir, you will find me in earnest.
0:57:03 > 0:57:05Mr Garrow, you are also free to go,
0:57:05 > 0:57:09unless of course you intend to defend every prisoner here today?
0:57:09 > 0:57:13Not today, my lord, but perhaps tomorrow.
0:57:17 > 0:57:20Next prisoner!
0:57:23 > 0:57:25I owe you my life, Mr Garrow.
0:57:25 > 0:57:28It should not have been at stake. But you will thrive now.
0:57:28 > 0:57:34- With a reference, I may have hope of some employment. - Mr Southouse?- Gladly.
0:57:35 > 0:57:38Thank you...
0:57:38 > 0:57:41Thank you, both.
0:57:51 > 0:57:54Thank God you did not disappoint me.
0:57:54 > 0:57:59And now perhaps by association with me, you will not be blackened further as a Newgate solicitor.
0:57:59 > 0:58:02By association with you I may find some other trouble altogether.
0:58:02 > 0:58:04I shall change the trial forever.
0:58:04 > 0:58:08Then you shall make enemies, Mr Garrow.
0:58:09 > 0:58:12I hope there shall be some who will favour me.
0:58:31 > 0:58:33- Oh! - WOMAN SCREAMS
0:58:33 > 0:58:35I cannot do what is not in my heart.
0:58:35 > 0:58:38You were called to the bar - they do not announce your heart there!
0:58:38 > 0:58:41That man is the monster! He is the monster that did attack me!
0:58:41 > 0:58:46You no longer find favour with the public gallery, Mr Garrow.
0:58:46 > 0:58:48I would happily lay hands on you, Rawlings!
0:58:48 > 0:58:52Madam, your agitation seems to occur at the most convenient time!
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