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Judas! | 0:00:03 | 0:00:05 | |
My client's life is at stake! | 0:00:09 | 0:00:10 | |
-Guilty. -No! | 0:00:10 | 0:00:12 | |
No! No! | 0:00:12 | 0:00:14 | |
Are you the monster? | 0:00:17 | 0:00:19 | |
SCREAMS | 0:00:20 | 0:00:21 | |
Thou must be a ruffian to get at the truth. | 0:00:21 | 0:00:24 | |
The court is yours not Garrow's. | 0:00:24 | 0:00:26 | |
You are not sentenced yet. | 0:00:26 | 0:00:28 | |
Are you aware of the role this trial will play in our nation's history? | 0:00:32 | 0:00:36 | |
-He was slain by them! -You may have trained me but you do not own me. | 0:00:36 | 0:00:40 | |
Blast your eyes, you damned bitch! | 0:00:40 | 0:00:41 | |
Mr Garrow! | 0:00:41 | 0:00:43 | |
These are the men who will decide what charge you face. | 0:00:43 | 0:00:46 | |
Your law is weak if men can bend it to their will. | 0:00:46 | 0:00:49 | |
-Damn the lot of you! -This is a lynching, not a trial! | 0:00:49 | 0:00:53 | |
Next prisoner! | 0:02:08 | 0:02:11 | |
Eliza Radnell, spinster was indicted for that she on the 26th of April... | 0:02:13 | 0:02:19 | |
Oh, please take pity, sirs, tis my wife. | 0:02:19 | 0:02:22 | |
..house of Thomas Langstaffe did breach and enter, | 0:02:22 | 0:02:26 | |
no person being therein and stealing | 0:02:26 | 0:02:29 | |
thence one linen shift, one pair of worsted stockings, twelvepence. | 0:02:29 | 0:02:34 | |
I call the prosecutrix, Mrs Mary Langstaffe. | 0:02:34 | 0:02:41 | |
Would that the jury concentrate as much as you. | 0:02:41 | 0:02:43 | |
Then this would be a much improved place. | 0:02:43 | 0:02:45 | |
-As for your place, it is not here alas. -Just one more case! | 0:02:45 | 0:02:49 | |
You are not employed here. | 0:02:49 | 0:02:52 | |
Will! | 0:02:52 | 0:02:54 | |
I came home and found her within. | 0:02:54 | 0:02:58 | |
I asked her how she got in, she could not tell. | 0:02:58 | 0:03:01 | |
I asked her what business she had with my things, she could not tell. | 0:03:01 | 0:03:04 | |
I got assistance and kept her there until the parish beadle came over. | 0:03:04 | 0:03:10 | |
Mr Crompton will not be pleased. | 0:03:10 | 0:03:12 | |
It is drudgery there. | 0:03:12 | 0:03:14 | |
I was not called to the bar to be buried in book dust. | 0:03:14 | 0:03:16 | |
The prisoner shall speak for herself in her own defence. | 0:03:16 | 0:03:21 | |
And again and as ever, no defence counsel for the prisoner. | 0:03:21 | 0:03:24 | |
I beg your pardon, sir, but I had drunk part of four pints of two penny. | 0:03:24 | 0:03:30 | |
I let myself in the house to sleep, I put the clothes on for warmth. | 0:03:30 | 0:03:33 | |
LAUGHTER | 0:03:33 | 0:03:35 | |
Jurymen, consider your verdict. | 0:03:35 | 0:03:38 | |
-You have reached a verdict? -Guilty! | 0:03:47 | 0:03:49 | |
-No! -CHEERING | 0:03:49 | 0:03:52 | |
It did not take them long to confer. | 0:03:52 | 0:03:54 | |
The sentence is branding. | 0:03:54 | 0:03:56 | |
-No! -Relative to transportation, it is a mercy. | 0:03:56 | 0:04:00 | |
But she may have been telling the truth, that she was not guilty. | 0:04:00 | 0:04:04 | |
The wisdom of the court observes that it requires no manner of skill to make a plain and honest defence. | 0:04:04 | 0:04:10 | |
But it will, one day it will. SHE SCREAMS | 0:04:10 | 0:04:14 | |
BRANDING HISSES JEERING | 0:04:14 | 0:04:18 | |
An acquittal shall follow! | 0:04:18 | 0:04:19 | |
Will, when you have a criminal brief, it will be your duty to address a court of law but not now. | 0:04:20 | 0:04:27 | |
Nicholas Porter is indicted for stealing two fat hogs | 0:04:27 | 0:04:31 | |
value 40 shillings and 18 live fowls value nine shillings... | 0:04:31 | 0:04:36 | |
Mr Southouse! | 0:04:37 | 0:04:39 | |
You have business in there this afternoon? | 0:04:39 | 0:04:41 | |
A silk merchant prosecuted by a creditor with half a guinea to enlist me as his attorney. | 0:04:41 | 0:04:48 | |
Is he in need of counsel, I should very much like to help. | 0:04:48 | 0:04:50 | |
You should hurry. | 0:04:50 | 0:04:52 | |
Mr Garrow? | 0:05:12 | 0:05:15 | |
Mr Crompton. | 0:05:15 | 0:05:16 | |
Brandy here. This man's not long been robbed at gunpoint! | 0:05:34 | 0:05:37 | |
Come on. Come and sit down. | 0:05:39 | 0:05:40 | |
The wretch clapped a pistol to my breast and demanded my money! | 0:05:42 | 0:05:47 | |
Whoa! | 0:06:06 | 0:06:09 | |
You robbed this gentleman, you wretch. And now you'll be brought to justice. | 0:06:10 | 0:06:15 | |
Mr Southouse! I've never been inside Newgate, I would learn from it. | 0:06:23 | 0:06:26 | |
I'm not there to furnish you with experience. | 0:06:26 | 0:06:29 | |
-Well, what then? -A very faithful and sincere young woman has | 0:06:29 | 0:06:33 | |
sold half her possessions to pay for my service on behalf of her brother. | 0:06:33 | 0:06:36 | |
It is a limited service, you cannot appear in court, you may tell him | 0:06:36 | 0:06:39 | |
who and what is sworn against him and help prepare his speech... | 0:06:39 | 0:06:43 | |
-And it may save his life. -It may. | 0:06:43 | 0:06:44 | |
Mr Southouse, I promise I will not speak I will merely observe. | 0:06:44 | 0:06:47 | |
I have seen you observe at the Old Bailey. | 0:06:47 | 0:06:50 | |
-Your eyes are very busy as is your mouth, unfortunately. -I cannot stay in the Pleader's Office! | 0:06:50 | 0:06:55 | |
Then head for Quarter Sessions. | 0:06:55 | 0:06:57 | |
Pass paupers from one parish to another! Oppose dancing licences... | 0:06:57 | 0:07:01 | |
I will be an Old Bailey barrister | 0:07:01 | 0:07:03 | |
and I will seek any attorney for my briefs but I would rather you embraced me, dear mentor. | 0:07:03 | 0:07:08 | |
Very well... | 0:07:09 | 0:07:12 | |
but in silence. | 0:07:12 | 0:07:14 | |
Mr Southouse, always a pleasure to see you going about your business. | 0:07:23 | 0:07:28 | |
My er... | 0:07:28 | 0:07:29 | |
His humble servant. | 0:07:29 | 0:07:31 | |
Peter Pace, please. | 0:07:31 | 0:07:33 | |
This way, gentlemen. | 0:07:33 | 0:07:34 | |
So, the young lady's brother was brought before the justice for violent theft and highway robbery. | 0:07:36 | 0:07:42 | |
Half a guinea is a not inconsiderable sum... | 0:07:42 | 0:07:45 | |
but for his life, it may be a bargain. | 0:07:45 | 0:07:48 | |
Thank you. | 0:07:50 | 0:07:51 | |
Peter, this is Mr Southouse your attorney. | 0:08:04 | 0:08:06 | |
I never saw my accusers at all until they come up to me and knocked me off my horse. | 0:08:06 | 0:08:09 | |
They stamped on my head, they said they would butcher me for what I done. | 0:08:09 | 0:08:13 | |
They said, "Damn his eyes, kill him!" | 0:08:13 | 0:08:14 | |
My pen is not yet out of my pocket, Mr Pace. | 0:08:14 | 0:08:18 | |
Please... | 0:08:18 | 0:08:19 | |
Now then, tell me, at magistrate's court, what passed? | 0:08:26 | 0:08:32 | |
I cannot exactly recall. | 0:08:32 | 0:08:34 | |
My mind was not set right. | 0:08:34 | 0:08:36 | |
Mr Grove, the prosecutor swore he was the highwayman. | 0:08:36 | 0:08:39 | |
The charge says that two shillings were stolen. | 0:08:39 | 0:08:41 | |
They did not find me two shillings richer. | 0:08:41 | 0:08:43 | |
-You were searched immediately? -I was more set upon... | 0:08:43 | 0:08:47 | |
-and then brought along. -You were in want of money? | 0:08:47 | 0:08:50 | |
-Sir? -Will! | 0:08:50 | 0:08:53 | |
Did you see an opportunity? | 0:08:53 | 0:08:54 | |
-A man, alone on a deserted road. -You will wait outside! | 0:08:54 | 0:08:59 | |
The man you overtook put a pistol to his cheek and then discarded it. | 0:08:59 | 0:09:02 | |
-Never! -Explain this! Who is this accuser? | 0:09:02 | 0:09:06 | |
Mr Garrow. Apprentice to me at 15... | 0:09:06 | 0:09:09 | |
But too gifted in law to be a mere attorney. | 0:09:09 | 0:09:12 | |
Come, sir, you can speak freely. Black is white and white is black, | 0:09:12 | 0:09:15 | |
according as we are paid, our loyalty is to the client, not to the truth. | 0:09:15 | 0:09:18 | |
-William! -Speak freely? | 0:09:18 | 0:09:20 | |
Oh, I have a language for you, sir. | 0:09:20 | 0:09:23 | |
Damn you both if you would take a guinea from me or my sister and think to have me lie. | 0:09:23 | 0:09:27 | |
I will not have you! | 0:09:27 | 0:09:29 | |
Good. | 0:09:29 | 0:09:30 | |
Excellent. Well said. | 0:09:30 | 0:09:33 | |
You will not give a better testimony. | 0:09:33 | 0:09:35 | |
Oh! Oh, I see. | 0:09:38 | 0:09:40 | |
-You do? -He puts it to me and I... | 0:09:40 | 0:09:44 | |
Excellent, sir. | 0:09:44 | 0:09:45 | |
And am I blessed to have the both of you to serve me? | 0:09:45 | 0:09:48 | |
A...not... | 0:09:48 | 0:09:50 | |
Mr Garrow is a barrister. | 0:09:50 | 0:09:53 | |
I would be bound to instruct him. | 0:09:53 | 0:09:55 | |
Then do so. Mary? | 0:09:55 | 0:09:57 | |
But the cost of a barrister, madam. | 0:09:57 | 0:09:59 | |
Half a guinea? | 0:09:59 | 0:10:01 | |
-I'm afraid that will not... -Half a guinea. | 0:10:01 | 0:10:04 | |
Half a guinea. | 0:10:05 | 0:10:07 | |
You are instructed. | 0:10:10 | 0:10:11 | |
-I am instructed. -Attorney and counsel. | 0:10:11 | 0:10:15 | |
-This goes well. -This goes very well. | 0:10:15 | 0:10:18 | |
-SHUFFLES PAPER -Mr Garrow? | 0:10:25 | 0:10:29 | |
Mr Crompton. | 0:10:29 | 0:10:31 | |
Will... William! | 0:10:57 | 0:11:00 | |
You will concentrate here. | 0:11:00 | 0:11:02 | |
-This is the brief. -It is. | 0:11:06 | 0:11:08 | |
-It s very thin. -Well, you're not allowed to see the indictment. | 0:11:08 | 0:11:12 | |
You are refused copies of the deposition sworn against your client. | 0:11:12 | 0:11:16 | |
You are not permitted to visit your client while he is in Newgate. | 0:11:16 | 0:11:21 | |
When you are at the Old Bailey you will not be allowed to address the jury, make an opening statement | 0:11:21 | 0:11:27 | |
or a closing speech. | 0:11:27 | 0:11:29 | |
You may call witnesses as to the prisoner's character but they are not bound to appear. | 0:11:29 | 0:11:36 | |
In fact, not only is it impermissible for counsel to make a full defence, | 0:11:36 | 0:11:41 | |
it is barely allowable for them to actually win a case. | 0:11:41 | 0:11:44 | |
Hence the thinness of your papers. | 0:11:44 | 0:11:47 | |
But in the meantime, Mr Southouse, what have I to save Mr Pace from the rope? | 0:11:51 | 0:11:54 | |
The prosecution's testimony. | 0:11:54 | 0:11:57 | |
You must find a weakness in it. | 0:11:57 | 0:11:59 | |
Study your brief. I shall see you at court. | 0:11:59 | 0:12:03 | |
Goodnight, Will. | 0:12:03 | 0:12:05 | |
And if you cannot sleep, let us hope it's from anticipation and not fear. | 0:12:05 | 0:12:11 | |
Good night. | 0:12:12 | 0:12:13 | |
William! | 0:12:52 | 0:12:53 | |
You look splendid. | 0:12:58 | 0:12:59 | |
Oh, no. Edward Forrester. A renowned thief-taker. | 0:13:03 | 0:13:06 | |
If he's involved in the prosecution, this goes not so well. | 0:13:06 | 0:13:10 | |
-Mr Southouse, if a thief-taker is at the heart of this that will help make our defence. -Or our damnation. | 0:13:10 | 0:13:16 | |
Good luck, Will. | 0:13:16 | 0:13:18 | |
Mary! | 0:13:18 | 0:13:20 | |
Who's this? | 0:13:51 | 0:13:53 | |
-William Garrow from Lincoln's Inn. -By way of? | 0:13:54 | 0:13:57 | |
-Sir? -Well, not Oxford or I'd know you. | 0:13:57 | 0:14:01 | |
Articled to an attorney, John Southouse of Milk Street. | 0:14:01 | 0:14:04 | |
You received your education in Billingsgate. | 0:14:04 | 0:14:07 | |
Oh, dear... | 0:14:07 | 0:14:10 | |
Silvester. | 0:14:10 | 0:14:12 | |
Middle Temple. | 0:14:12 | 0:14:15 | |
Come to condemn the wretches or confound the jury today? | 0:14:15 | 0:14:18 | |
I've come to defend a man. | 0:14:18 | 0:14:20 | |
-First case? -Peter Pace. | 0:14:20 | 0:14:23 | |
You're against me. And the facts. | 0:14:23 | 0:14:26 | |
Court shall rise. | 0:14:26 | 0:14:28 | |
Still, they'd need only detain for us for a few hours, then what's next? | 0:14:28 | 0:14:32 | |
Oh, a coining. Well, that will make two hangings before lunch. | 0:14:33 | 0:14:39 | |
-I recommend the broth. -I recommend you read your brief again. | 0:14:39 | 0:14:42 | |
The prisoner, Peter Pace, is indicted for that he, | 0:14:47 | 0:14:52 | |
in the King's highway in and upon William Grove, feloniously | 0:14:52 | 0:14:57 | |
did make an assault, putting him in corporeal fear and danger of his life and stealing from his person | 0:14:57 | 0:15:04 | |
two shillings in monies numbered the property of the said William Grove. | 0:15:04 | 0:15:10 | |
Call William Grove. | 0:15:12 | 0:15:15 | |
So, the alarm being raised, we gave chase. | 0:15:15 | 0:15:19 | |
Mr Forrester, myself and Mr Stoddert who'd witnessed the assault upon me. | 0:15:19 | 0:15:24 | |
Mr Grove, at the magistrate's committal you swore to the identity of the fellow. | 0:15:24 | 0:15:29 | |
Could you please do so now again for the benefit of this court? | 0:15:29 | 0:15:34 | |
-You lie! -Behold the prisoner! | 0:15:34 | 0:15:36 | |
A humour not to be encountered on any lonely by-way. | 0:15:38 | 0:15:42 | |
No more questions. | 0:15:42 | 0:15:44 | |
You know this man? | 0:16:01 | 0:16:03 | |
I know this is the man that robbed me. | 0:16:03 | 0:16:05 | |
You swore before the magistrate, | 0:16:05 | 0:16:09 | |
-that the man who robbed you covered his face with a handkerchief. -Yes. | 0:16:09 | 0:16:14 | |
Yes. | 0:16:14 | 0:16:16 | |
So how were you able to swear to Mr Pace? | 0:16:16 | 0:16:18 | |
This man rode a grey mare. | 0:16:20 | 0:16:22 | |
Is there a horse in the dock, Mr Grove? | 0:16:24 | 0:16:26 | |
-TITTERING -Sir? | 0:16:26 | 0:16:28 | |
A grey mare accused of robbery? | 0:16:30 | 0:16:32 | |
I do not know what you mean, sir. | 0:16:32 | 0:16:35 | |
Well, your only means of identification is by way of the horse my client was riding. | 0:16:35 | 0:16:39 | |
You could not swear to his face, only to his horse. LAUGHTER | 0:16:39 | 0:16:43 | |
What words did your attacker make use of? | 0:16:52 | 0:16:55 | |
He demanded my money or my life. | 0:16:55 | 0:16:57 | |
-Those were the very words, your money or your life? -Well, he expressed it in that manner. | 0:16:57 | 0:17:01 | |
He came up, shows me the pistol and he says... | 0:17:01 | 0:17:03 | |
Your money or your life, remarkable. LAUGHTER | 0:17:03 | 0:17:06 | |
-You were robbed of two shillings? -I was. | 0:17:09 | 0:17:11 | |
Oh, dear, still £40 is better than two shillings. | 0:17:11 | 0:17:15 | |
-Well, I don't know that it is under a wrong cause. -A wrong cause. | 0:17:15 | 0:17:19 | |
You know it is not every day that one gets £40 reward for hanging a man? Is that not your cause? | 0:17:19 | 0:17:24 | |
M'lord. My learned friend Mr Garrow has a very rude approach. | 0:17:24 | 0:17:28 | |
Mr Garrow... | 0:17:28 | 0:17:30 | |
do not speculate. | 0:17:30 | 0:17:32 | |
Interrogate. And do so with a little delicacy. | 0:17:32 | 0:17:37 | |
Hear, hear! | 0:17:37 | 0:17:39 | |
Who paid for this prosecution? | 0:17:43 | 0:17:44 | |
-Mr Forrester. -Mr Forrester - the renowned thief-taker. | 0:17:44 | 0:17:48 | |
Yes, sir. | 0:17:48 | 0:17:49 | |
And who paid for your expenses to attend this business? | 0:17:49 | 0:17:52 | |
-Mr Forrester. -What assistance that man does provide. | 0:17:52 | 0:17:56 | |
No further questions, my lord. | 0:17:59 | 0:18:01 | |
Thank you, Mr Grove. | 0:18:04 | 0:18:05 | |
Do you think Mr Garrow makes an impression on the jury? | 0:18:07 | 0:18:11 | |
Forrester appears next and he has made an impression on many juries. | 0:18:11 | 0:18:15 | |
Call Edward Forester! | 0:18:15 | 0:18:17 | |
A robbery takes place on the road | 0:18:17 | 0:18:20 | |
from Hounslow to Hanworth | 0:18:20 | 0:18:23 | |
where a thief-taker is dining at that very hour. A rare convenience? | 0:18:23 | 0:18:29 | |
The good fortune of those in need. | 0:18:29 | 0:18:33 | |
You had no fear to pursue a man who would wield a pistol. | 0:18:33 | 0:18:36 | |
I had a pistol of my own, sir. | 0:18:36 | 0:18:38 | |
Who paid for this prosecution? | 0:18:40 | 0:18:41 | |
-I paid half a guinea. -Who paid for the indictment? -I did. | 0:18:41 | 0:18:44 | |
To see justice done? | 0:18:44 | 0:18:46 | |
To obtain the conviction of a guilty man who would put others in fear and danger of their life. | 0:18:46 | 0:18:50 | |
-You are quoting the indictment. -It is also my belief. | 0:18:50 | 0:18:52 | |
-As a thief-taker? -And as a man. | 0:18:52 | 0:18:55 | |
But as the former, you are a taker of rewards for the apprehension | 0:18:55 | 0:18:58 | |
and conviction of those found guilty of serious crimes. | 0:18:58 | 0:19:01 | |
As the government sees fit. | 0:19:01 | 0:19:02 | |
And are you hoping for a reward here? | 0:19:02 | 0:19:05 | |
I would not presume on the judge, the jury or the law. | 0:19:05 | 0:19:08 | |
I put it to you that this crime did not take place. | 0:19:12 | 0:19:15 | |
A man was caught, brought before the magistrate and stands here now. | 0:19:16 | 0:19:19 | |
I put it to you that you paid Grove to make a hue and cry against an innocent man, | 0:19:19 | 0:19:24 | |
-turn him all at once into a highwayman. -Innocence is the jury's business. | 0:19:24 | 0:19:28 | |
I put it to you that you invented this robbery. MURMURING | 0:19:28 | 0:19:30 | |
I put it to you that... | 0:19:30 | 0:19:32 | |
the victim and the witness are schemes of your own fiction | 0:19:32 | 0:19:35 | |
as is the blameless prisoner you accuse as your robber! | 0:19:35 | 0:19:38 | |
JUDGE BANGS GAVEL | 0:19:38 | 0:19:40 | |
Mr Garrow, it is your job to excite distrust of the evidence not to make a speech on your client's behalf. | 0:19:40 | 0:19:47 | |
Please forgive my learned friend, m'lord. | 0:19:47 | 0:19:50 | |
Until today he's never actually been in the law. | 0:19:50 | 0:19:54 | |
GALLERY LAUGH | 0:19:57 | 0:19:59 | |
How long have you been in the business of thief-taking? | 0:19:59 | 0:20:02 | |
Um... I can't rightly tell. | 0:20:02 | 0:20:04 | |
Well, guess a little, how long? | 0:20:04 | 0:20:06 | |
Well, clearly some time longer than you've been a counsellor. | 0:20:06 | 0:20:08 | |
LAUGHTER | 0:20:08 | 0:20:10 | |
-How many... -Sir? | 0:20:20 | 0:20:24 | |
-How many trials did you appear upon last sessions? -Never a one. | 0:20:27 | 0:20:31 | |
There was no blood money last sessions? | 0:20:31 | 0:20:34 | |
If there were no thieves, how would you get a brief? | 0:20:34 | 0:20:36 | |
Unless this be your last. | 0:20:36 | 0:20:38 | |
LAUGHTER | 0:20:38 | 0:20:39 | |
No more questions. | 0:20:43 | 0:20:45 | |
Thank you, Mr Forrester. | 0:20:45 | 0:20:49 | |
Gentlemen, you will consider your verdict. | 0:20:56 | 0:20:59 | |
You may wish to leave this place. | 0:21:10 | 0:21:13 | |
I cannot until I know my brother's fate. | 0:21:13 | 0:21:16 | |
You have reached a verdict? | 0:21:19 | 0:21:21 | |
-Unanimously. -How do you find the prisoner? | 0:21:21 | 0:21:24 | |
Guilty. | 0:21:24 | 0:21:25 | |
No! | 0:21:25 | 0:21:26 | |
-No! -SHE SOBS | 0:21:30 | 0:21:32 | |
No! Please! God have mercy! | 0:21:32 | 0:21:36 | |
Judge, your Lord, I beseech you! | 0:21:36 | 0:21:38 | |
The sentence is death. | 0:21:38 | 0:21:40 | |
Death by hanging. | 0:21:40 | 0:21:42 | |
Take the prisoner down. | 0:21:54 | 0:21:57 | |
No! No! | 0:22:04 | 0:22:06 | |
JEERING AND SHOUTING | 0:22:06 | 0:22:10 | |
It troubles you not to derive your living from the groans of the gallows? | 0:22:15 | 0:22:18 | |
Mr Garrow! | 0:22:20 | 0:22:22 | |
The man is all a-flutter, my lord. | 0:22:22 | 0:22:24 | |
I should demand satisfaction if I had not already found it in the verdict. | 0:22:25 | 0:22:29 | |
-You will apologise to Mr Silvester. -I will only apologise to my client. | 0:22:29 | 0:22:34 | |
-Then I shall commit you! -So your lordship may! | 0:22:34 | 0:22:37 | |
Mr Garrow, you are hot-headed and intemperate. | 0:22:37 | 0:22:40 | |
This is your first case here and you have lost it. | 0:22:40 | 0:22:45 | |
So, I forgive you. | 0:22:45 | 0:22:47 | |
Now sit down. | 0:22:47 | 0:22:49 | |
Next prisoner. | 0:22:56 | 0:23:00 | |
May I? | 0:23:10 | 0:23:12 | |
Eat! Broth. | 0:23:12 | 0:23:14 | |
You need food, man. | 0:23:14 | 0:23:16 | |
That, and a stronger constitution. | 0:23:16 | 0:23:20 | |
It is the lot of defence counsel to see their clients carried off to Tyburn. | 0:23:20 | 0:23:24 | |
I was determined mainly to prosecute, far more congenial. | 0:23:24 | 0:23:27 | |
And as for the rights of prisoners, that's a very irregular income. | 0:23:27 | 0:23:32 | |
-You will learn that the law is not a game for gentlemen. -Will I? | 0:23:32 | 0:23:35 | |
And you shall learn to become a gentleman or there shall be no law for you at all. | 0:23:35 | 0:23:40 | |
Mr Garrow. | 0:23:41 | 0:23:43 | |
Sir Arthur Hill MP invites you to dinner. | 0:23:54 | 0:23:58 | |
Now you have an opportunity, Garrow. | 0:23:58 | 0:24:00 | |
Are you familiar with the phenomenon of cutlery? | 0:24:00 | 0:24:03 | |
I have made law and order my business in parliament, Mr Garrow, | 0:24:09 | 0:24:12 | |
but I fear I understand the law only as we legislate and not as it is practised. | 0:24:12 | 0:24:18 | |
Even an MP should not be quite so narrow. | 0:24:18 | 0:24:21 | |
So you do attend the Old Bailey, Sir Arthur? | 0:24:21 | 0:24:23 | |
I am fortunate to have the attendance of my wife there. | 0:24:23 | 0:24:26 | |
-Mr Garrow, we are grateful that you did accept our invitation. -Lady Sarah. | 0:24:26 | 0:24:32 | |
Well, I imagine those that see me at the bench would consider me there for my leisure and sport | 0:24:34 | 0:24:40 | |
and Judge Buller certainly does think me very elegant alongside him. | 0:24:40 | 0:24:44 | |
And how could you not look so, beside him! | 0:24:44 | 0:24:47 | |
I'm not there for his decoration. | 0:24:47 | 0:24:49 | |
But on my behalf, so that I'm informed from the very place where justice is dealt. | 0:24:49 | 0:24:54 | |
The law be dealt there but no justice. | 0:24:54 | 0:24:57 | |
You will enlighten us? | 0:25:03 | 0:25:05 | |
I am sorry if you feel a source of enquiry for a good dinner but | 0:25:05 | 0:25:09 | |
I think at least you should have your dinner before you feel so used. | 0:25:09 | 0:25:14 | |
The law is the concern of us all here. | 0:25:14 | 0:25:17 | |
We are under siege in London from ruffianism. | 0:25:17 | 0:25:20 | |
From Chick Lane to the Ratcliffe Highway. | 0:25:20 | 0:25:22 | |
We all do well to employ our own watchmen. | 0:25:22 | 0:25:24 | |
And form our own societies. | 0:25:24 | 0:25:26 | |
You have heard of the Society for the Reformation of Manners, Mr Garrow? | 0:25:26 | 0:25:30 | |
You campaign, Mrs Browning? | 0:25:30 | 0:25:32 | |
We bring prosecutions in the hope that it will be...improving. | 0:25:32 | 0:25:36 | |
Improving manners in illegitimacy, adultery, bawdy houses, molly houses, prostitution. | 0:25:36 | 0:25:43 | |
-What's a molly house? -And what do you know of such? | 0:25:43 | 0:25:47 | |
I pay attention at the Old Bailey as you would have me do is all. | 0:25:47 | 0:25:50 | |
Pay attention to...? | 0:25:50 | 0:25:51 | |
Sodomy, Mr Sowerby. Sodomy and catamites. | 0:25:51 | 0:25:55 | |
Please sir, you may examine me. | 0:25:55 | 0:25:58 | |
My wife did remark that your... | 0:26:00 | 0:26:04 | |
defence of the prisoner was very... | 0:26:04 | 0:26:07 | |
singular. | 0:26:08 | 0:26:09 | |
It was why we did invite you here. | 0:26:09 | 0:26:12 | |
You do not favour the protection of our society in prosecution? | 0:26:12 | 0:26:16 | |
The Bloody Code upheld? | 0:26:16 | 0:26:18 | |
The terror of the rope, the branding iron, | 0:26:18 | 0:26:21 | |
the thief-takers' corruption that sends innocent men to Tyburn? | 0:26:21 | 0:26:24 | |
And you think a battle amongst counsel the best way of arriving at the truth? | 0:26:24 | 0:26:28 | |
The prisoner in the dock has been too long left to his fate for want of counsel. | 0:26:28 | 0:26:32 | |
And is your loyalty to the prisoner, | 0:26:32 | 0:26:34 | |
-or your fee? -My loyalty is to the truth. | 0:26:34 | 0:26:37 | |
-But you'll settle for a 'not guilty' regardless of the truth? -You think we should eke out injustice all day | 0:26:37 | 0:26:41 | |
for one wrong verdict that may come between? | 0:26:41 | 0:26:44 | |
I will not believe that the law is a lie. | 0:26:44 | 0:26:46 | |
And I think I may be better minded to listen to talk of reform were it | 0:26:46 | 0:26:50 | |
not so bound up with the burgeoning prospects of defence counsel. | 0:26:50 | 0:26:53 | |
Now there's a truth for you. | 0:26:53 | 0:26:55 | |
"Did not the felon firmly fix his hope on flaw or jaw and so escape the rope? | 0:26:55 | 0:27:02 | |
"Justly he'd meet that fate without reprieve that comes when the Advocate fails to deceive." | 0:27:02 | 0:27:08 | |
LAUGHTER | 0:27:08 | 0:27:10 | |
A good satire, sir. | 0:27:10 | 0:27:13 | |
It seems your investigations into the law were concluded before they had begun. | 0:27:13 | 0:27:18 | |
If I am not a source of satire for a good dinner, I will also not be a source of amusement for it. | 0:27:18 | 0:27:24 | |
I remember my father teaching in the school where my education was under his superintendence. | 0:27:36 | 0:27:41 | |
We were both mocked - him by his better born pupils for the plainness of his background | 0:27:42 | 0:27:49 | |
and myself for the fact that no fee was paid for my education. | 0:27:49 | 0:27:53 | |
My father's service was the fee. | 0:27:55 | 0:27:58 | |
He suffered their insults behind his back, he never turned to face them down. | 0:27:58 | 0:28:02 | |
And you were taken out? | 0:28:02 | 0:28:05 | |
Because I would bite and scratch. | 0:28:05 | 0:28:07 | |
They were for Oxford, I was articled. | 0:28:07 | 0:28:10 | |
And I was grateful for it. | 0:28:10 | 0:28:13 | |
And now? | 0:28:16 | 0:28:18 | |
My dear friend, I thank you for your trust but you should not have instructed me with the case. | 0:28:18 | 0:28:22 | |
Well, now you are instructed at least. | 0:28:22 | 0:28:25 | |
-But I was undone by my arrogance, my inexperience. -You lack manners. | 0:28:25 | 0:28:30 | |
You were too angry. | 0:28:30 | 0:28:32 | |
You lost control. | 0:28:32 | 0:28:34 | |
And what did you mean to challenge Judge Buller? | 0:28:34 | 0:28:37 | |
You are in the law, you cannot be in contempt of it. | 0:28:37 | 0:28:40 | |
The law is itself contemptible. | 0:28:40 | 0:28:41 | |
Then perhaps you are not ready to practise it. | 0:28:41 | 0:28:44 | |
Your new chambers are very commodious. | 0:28:49 | 0:28:52 | |
If I still have use for them. | 0:28:54 | 0:28:57 | |
LABOURED BREATHING | 0:29:00 | 0:29:03 | |
SHE CRIES OUT IN PAIN | 0:29:07 | 0:29:09 | |
SHE PANTS AND GROANS | 0:29:28 | 0:29:31 | |
SHE SOBS | 0:29:31 | 0:29:33 | |
It is a vile day at the Old Bailey when we are in want of eleventh-hour briefs from attorneys. | 0:30:10 | 0:30:16 | |
A state of affairs you may well have to get used to permanently unless you begin to win. | 0:30:16 | 0:30:22 | |
More than agreeable. | 0:30:22 | 0:30:24 | |
Mr Silvester. | 0:30:26 | 0:30:29 | |
A murder! | 0:30:29 | 0:30:30 | |
And all prosecution witnesses already called before the coroner. | 0:30:31 | 0:30:36 | |
Lunch will come early. | 0:30:36 | 0:30:37 | |
Will! It was a prosecution brief. | 0:30:40 | 0:30:42 | |
You could not trust me with such a case? | 0:30:42 | 0:30:45 | |
I think... I think things came a little too quickly. | 0:30:45 | 0:30:49 | |
"Here and there in the crowd we mark with pity, | 0:30:49 | 0:30:53 | |
"for his too certain fate, | 0:30:53 | 0:30:56 | |
"the careworn face of some self-educated peasant. | 0:30:56 | 0:31:02 | |
"The ambition which has aspired his toil in the unwonted field of legal labour | 0:31:02 | 0:31:07 | |
"is doomed to inevitable blight." | 0:31:07 | 0:31:10 | |
So, Mrs Tarling, the prisoner Elizabeth Jarvis | 0:31:13 | 0:31:17 | |
came into your service as a servant some three weeks since? | 0:31:17 | 0:31:21 | |
Yes, your honour. After a few days I suspected she was with child. | 0:31:21 | 0:31:25 | |
She insisted she was not. | 0:31:25 | 0:31:28 | |
If the magistrate thinks the case strong enough to go to trial, | 0:31:28 | 0:31:32 | |
the Society will bring a prosecution upon this wretch. | 0:31:32 | 0:31:36 | |
..And found blood on the kitchen table and on the floor. | 0:31:36 | 0:31:40 | |
I took a candle and followed the spots of blood | 0:31:40 | 0:31:44 | |
into the coal cellar... Sorry. | 0:31:44 | 0:31:47 | |
Pray continue, Mrs Tarling. | 0:31:47 | 0:31:49 | |
I hope you will not find this too distressing. | 0:31:49 | 0:31:51 | |
I am not concerned about myself. | 0:31:51 | 0:31:53 | |
Who will defend her? | 0:31:54 | 0:31:56 | |
She may ask God's mercy. | 0:31:56 | 0:31:59 | |
A pair of stockings soaked in blood and... | 0:31:59 | 0:32:03 | |
as I moved a box... the body of a dead child. | 0:32:03 | 0:32:07 | |
Her name is Elizabeth Jarvis. | 0:32:31 | 0:32:35 | |
She is committed for trial - infanticide. | 0:32:35 | 0:32:38 | |
-And you will pay for counsel? -I will pay for Mr Garrow. | 0:32:38 | 0:32:42 | |
Mr Garrow? | 0:32:44 | 0:32:46 | |
No other. | 0:32:46 | 0:32:47 | |
MEN LAUGH AND CHATTER | 0:32:54 | 0:32:57 | |
-Will. -Mr Southouse. | 0:32:59 | 0:33:01 | |
You have a brief for me and I am like a dog called to its bowl. Thank you. | 0:33:03 | 0:33:08 | |
-A tankard of ale, please. -Of course. | 0:33:08 | 0:33:11 | |
How has a maidservant a guinea for her defence? | 0:33:16 | 0:33:19 | |
A lady has a guinea and an inclination to help her. | 0:33:19 | 0:33:24 | |
And you have an inclination to help me? | 0:33:24 | 0:33:26 | |
We have to prove that the child was born dead. | 0:33:26 | 0:33:30 | |
Otherwise the mother be presumed guilty of its murder. | 0:33:30 | 0:33:33 | |
The presumption of innocence not applying in infanticide. | 0:33:33 | 0:33:36 | |
Particularly when she is unmarried. | 0:33:36 | 0:33:38 | |
Particularly when the birth was concealed. | 0:33:38 | 0:33:41 | |
Regarded as usually conclusive evidence of the woman's guilt. | 0:33:41 | 0:33:46 | |
And the evidence that would be in her favour? | 0:33:46 | 0:33:50 | |
Did she confess the pregnancy? | 0:33:50 | 0:33:52 | |
Did she seek assistance in labour? | 0:33:52 | 0:33:55 | |
Did she prepare for birth by the collection of linen? | 0:33:55 | 0:33:58 | |
And the answer to all three be no? | 0:33:58 | 0:34:00 | |
And there is the presence of a bloody knife | 0:34:01 | 0:34:05 | |
and a surgeon attesting to marks of violence. | 0:34:05 | 0:34:07 | |
Mr Southouse, this is an unwinnable case. | 0:34:07 | 0:34:10 | |
Previously you were a barrister with too much confidence, | 0:34:10 | 0:34:13 | |
now you are one with none. | 0:34:13 | 0:34:15 | |
All right, I will earn my guinea. But who has pledged it? | 0:34:15 | 0:34:18 | |
Who has better faith than I that we can obtain an acquittal here? | 0:34:18 | 0:34:21 | |
Her name is Lady Sarah Hill | 0:34:21 | 0:34:23 | |
and she attended the magistrate's committal for her education. | 0:34:23 | 0:34:27 | |
-Lady Sarah Hill instructed you? -And most expressly asked for you. | 0:34:27 | 0:34:32 | |
Mrs Browning did almost drop her spoon when you left the room. | 0:34:36 | 0:34:41 | |
Well, at least she will not try to enlist me for her society. | 0:34:41 | 0:34:43 | |
You could not join the Reformation of Manners because you have none. | 0:34:43 | 0:34:47 | |
I refuse to be reformed. And your husband? | 0:34:47 | 0:34:51 | |
-He did not object. -Because he thinks I fled the argument. | 0:34:51 | 0:34:55 | |
His beliefs are sincere and certain. | 0:34:55 | 0:34:58 | |
But you do not share them? | 0:34:58 | 0:35:00 | |
On this particular cause, no. | 0:35:00 | 0:35:02 | |
My husband sat on a parliamentary committee | 0:35:08 | 0:35:12 | |
with the aim of reforming the law on infanticide. | 0:35:12 | 0:35:15 | |
It was suggested that a lesser charge - concealment - be instigated in its place. | 0:35:15 | 0:35:20 | |
Your husband was an opponent? | 0:35:20 | 0:35:21 | |
Concealment carries a two-year sentence. | 0:35:21 | 0:35:23 | |
He was still of the opinion that women who bring forth bastards should be hung. | 0:35:23 | 0:35:29 | |
-You have read on the subject? -Secretly, | 0:35:29 | 0:35:32 | |
from the papers that lay in my husband's study. | 0:35:32 | 0:35:36 | |
Mrs Browning is convinced that in Elizabeth Jarvis | 0:35:36 | 0:35:39 | |
they will punish sexual licentiousness and loose morals. | 0:35:39 | 0:35:43 | |
I only saw a young woman trapped and overwhelmed with fear. | 0:35:43 | 0:35:48 | |
But you are not afraid yourself, I think? | 0:35:49 | 0:35:52 | |
My husband would consider my participation in this an infidelity. | 0:35:53 | 0:35:58 | |
Well, it shall remain a confidence we share. | 0:35:58 | 0:36:00 | |
But in defence, and in this case above all, I am disadvantaged in law. | 0:36:00 | 0:36:05 | |
Then you shall have all the evidence I noted in the magistrate's parlour. | 0:36:05 | 0:36:10 | |
I believe I am fortunate to have made your acquaintance. | 0:36:10 | 0:36:13 | |
And fortune may allow us to prevail. | 0:36:13 | 0:36:15 | |
-To Newgate! But it's not permissible. -Why? | 0:36:19 | 0:36:22 | |
-It's not etiquette. -You would prefer taste to justice? | 0:36:22 | 0:36:26 | |
I must know more. I must see the prisoner! | 0:36:26 | 0:36:29 | |
I am the attorney. I talk to the client, I make the preparation! | 0:36:29 | 0:36:33 | |
You do not trust my services all of a sudden? | 0:36:33 | 0:36:36 | |
I do not trust myself, Mr Southouse. | 0:36:36 | 0:36:39 | |
It is not a wish to flout conventions, | 0:36:39 | 0:36:42 | |
it is simply thoroughness to ensure all ground is covered in this case. | 0:36:42 | 0:36:46 | |
And that I am truly prepared - where before I was not. | 0:36:46 | 0:36:50 | |
-Well, if it comes from humility, then happily. -Good, excellent. | 0:36:50 | 0:36:54 | |
Lady Sarah will meet us there. | 0:36:54 | 0:36:57 | |
Lady Sarah, how so? | 0:36:57 | 0:36:59 | |
Elizabeth... you lied about not being pregnant. | 0:37:03 | 0:37:08 | |
You then attempted to conceal the birth. | 0:37:08 | 0:37:12 | |
Explain to me as counsel for the prosecution would have you do. | 0:37:12 | 0:37:16 | |
The knowledge of my pregnancy would bring about my dismissal, sir. | 0:37:16 | 0:37:20 | |
And I would have left that residence with no character reference | 0:37:20 | 0:37:24 | |
and little chance I'd be taken into service again. | 0:37:24 | 0:37:29 | |
-And I did not want to own my shame. -You prepared no linen. | 0:37:29 | 0:37:33 | |
I had not the wits or the wherewithal to plan anything. | 0:37:33 | 0:37:37 | |
You had the wherewithal for a knife, Elizabeth. | 0:37:37 | 0:37:40 | |
You had the wits to know that you would cut the navel string. That was cold experience. | 0:37:40 | 0:37:44 | |
-Well? -I knew I had to separate the child from me. | 0:37:46 | 0:37:51 | |
Bodily, yes. And in life? Did you want it dead so you could live? | 0:37:51 | 0:37:55 | |
The child was already dead, sir! But if it had lived... | 0:37:55 | 0:37:59 | |
Would you have killed it? Would you? Look at me?! | 0:37:59 | 0:38:03 | |
I would have hid it, in the hope that it would be found alive and well and looked after. | 0:38:04 | 0:38:10 | |
And never have to follow in the low ways of its mother. | 0:38:10 | 0:38:12 | |
Gaoler? | 0:38:15 | 0:38:17 | |
You would go there for thoroughness? | 0:38:22 | 0:38:24 | |
You simply convinced her of her own worthlessness. | 0:38:24 | 0:38:26 | |
And convinced myself of her innocence. | 0:38:26 | 0:38:28 | |
You think to play rough tricks? | 0:38:28 | 0:38:30 | |
I am in want of rough tricks. I am learning some. | 0:38:30 | 0:38:33 | |
-Her innocence may be established in court, not in Newgate. -Maybe? | 0:38:33 | 0:38:38 | |
By casting polite doubt on the eyesight of the prosecutrix? | 0:38:38 | 0:38:41 | |
Or the obtaining of an acquaintance of Elizabeth as character witness? That will not suffice! | 0:38:41 | 0:38:45 | |
-You cannot insult to an acquittal. It was your mistake before. -That I was not rude enough was my mistake! | 0:38:45 | 0:38:50 | |
I have no means but to destroy the prosecutrix | 0:38:50 | 0:38:53 | |
and make war with her counsel. What would you have me say? | 0:38:53 | 0:38:56 | |
"I am in no way satisfied the jury were right in finding her guilty | 0:38:56 | 0:39:00 | |
"but at least everything was carried out with the utmost decorum." | 0:39:00 | 0:39:03 | |
The life of Elizabeth Jarvis is at stake | 0:39:03 | 0:39:06 | |
in solemn and polished injustice. | 0:39:06 | 0:39:08 | |
I must be a ruffian to get the truth, | 0:39:08 | 0:39:10 | |
I must confront the Gentlemen of the Old Bailey to save her life. | 0:39:10 | 0:39:14 | |
-Lady Sarah. -Lady Sarah. -I am sorry you were in attendance. | 0:39:17 | 0:39:21 | |
Nonsense! | 0:39:21 | 0:39:22 | |
I am gratified to hear it. | 0:39:22 | 0:39:25 | |
Well, then, if you are going to insult, | 0:39:25 | 0:39:30 | |
your tongue must at least be well prepared with the sharpest of facts. | 0:39:30 | 0:39:34 | |
Which it is my job, as attorney, as your attorney... | 0:39:34 | 0:39:37 | |
I've already arranged an appointment. | 0:39:37 | 0:39:39 | |
Oh? Where? | 0:39:39 | 0:39:41 | |
We are to meet a surgeon. | 0:39:41 | 0:39:43 | |
WOMAN SCREAMS IN AGONY | 0:39:51 | 0:39:53 | |
And these? | 0:40:08 | 0:40:10 | |
Well, these are the forceps. | 0:40:10 | 0:40:13 | |
And these? | 0:40:15 | 0:40:17 | |
-To cut the navel string, in certain circumstances. -Such as? | 0:40:17 | 0:40:23 | |
-When it's around the baby's throat. -SCREAMING CONTINUES | 0:40:23 | 0:40:26 | |
-Now, you wish to see the mortuary? -Hm. | 0:40:28 | 0:40:31 | |
In particular, the lungs of infants recently dead. | 0:40:32 | 0:40:36 | |
Certainly, there are new cadavers there now. | 0:40:36 | 0:40:39 | |
By preparation I meant black letter law and statutes not this atrocity! | 0:40:40 | 0:40:46 | |
Elizabeth Jarvis was indicted for that she, on the 29th April last, | 0:41:16 | 0:41:22 | |
at the parish of Marylebone, being big with a certain female child, | 0:41:22 | 0:41:26 | |
the said female child, alone and secretly from her body | 0:41:26 | 0:41:30 | |
by the providence of God, did bring forth alive, | 0:41:30 | 0:41:34 | |
which said child, being so born alive... | 0:41:34 | 0:41:37 | |
Everybody does look at me. Where do I look? | 0:41:37 | 0:41:40 | |
Fix your eyes on me, in hope you see your acquittal. | 0:41:40 | 0:41:43 | |
..But being moved and seduced by the instigation | 0:41:43 | 0:41:46 | |
of the devil feloniously and wilfully | 0:41:46 | 0:41:49 | |
and of her malice aforethought... | 0:41:49 | 0:41:51 | |
You listen for some mistake in the indictment to get the case thrown out? | 0:41:51 | 0:41:56 | |
A forlorn hope but at least you are learning your law , Mr Garrow. | 0:41:56 | 0:42:00 | |
Improvement will surely follow, | 0:42:00 | 0:42:02 | |
if not quite enough for acquittal of this careless spinster. | 0:42:02 | 0:42:06 | |
Mrs Tarling, could you tell me what happened that morning? | 0:42:12 | 0:42:16 | |
I went to the prisoner's room with my niece. | 0:42:16 | 0:42:19 | |
I found the prisoner in bed. | 0:42:19 | 0:42:21 | |
And you found her, apart from horizontal... | 0:42:21 | 0:42:24 | |
LAUGHTER | 0:42:24 | 0:42:26 | |
-Sir? -Her manner? -She said she felt better. | 0:42:26 | 0:42:30 | |
She felt better. | 0:42:30 | 0:42:32 | |
The baby was downstairs dead and she felt better? | 0:42:32 | 0:42:36 | |
By this, presumably, you mean she felt relieved and glad? | 0:42:36 | 0:42:40 | |
-I mean she... -Sanguine and very calm... | 0:42:40 | 0:42:43 | |
-May the witness not be the subject of ventriloquism. -I put no words into the mouth of the witness. | 0:42:43 | 0:42:48 | |
-You lead her like a farmer brings a cow to market! -He speaks of his former calling. | 0:42:48 | 0:42:52 | |
-The cow very sickly, the farmer selling it hasty. -Mr Garrow! | 0:42:52 | 0:42:57 | |
-Continue, Mr Silvester. -My lord. | 0:43:00 | 0:43:03 | |
You addressed her in her room... | 0:43:03 | 0:43:05 | |
as she lay there... | 0:43:05 | 0:43:07 | |
feeling better? | 0:43:07 | 0:43:09 | |
Yes, sir. | 0:43:09 | 0:43:11 | |
And what did you say to her? | 0:43:11 | 0:43:13 | |
I told her it was a very sad thing | 0:43:13 | 0:43:17 | |
-and how could she do so cruel an act? -And her reply? | 0:43:17 | 0:43:21 | |
"Do what, Mrs Tarling?" she said. | 0:43:21 | 0:43:24 | |
She would not own it? | 0:43:24 | 0:43:26 | |
I spoke more plain. I asked her how she could destroy the poor little creature. | 0:43:26 | 0:43:30 | |
And she responded? | 0:43:30 | 0:43:32 | |
She made no answer. | 0:43:32 | 0:43:34 | |
She made no answer. | 0:43:35 | 0:43:39 | |
I have no more questions, my lord. | 0:43:41 | 0:43:42 | |
Mrs Tarling... | 0:43:44 | 0:43:48 | |
-do you remember the account of this you gave to the magistrate? -I do. | 0:43:48 | 0:43:52 | |
Do you remember that you swore it? | 0:43:52 | 0:43:54 | |
I do. | 0:43:54 | 0:43:56 | |
I've just heard you tell my learned friend the prisoner gave you no answer. | 0:43:56 | 0:44:01 | |
-Is that the end of what passed between you? -I cannot recall. | 0:44:01 | 0:44:05 | |
You say you asked her how she could destroy the poor creature and she gave you no answer. | 0:44:05 | 0:44:10 | |
I put it to you that you then asked her why she did so. | 0:44:13 | 0:44:17 | |
-That may be so. -Please try to recall what you have already sworn to. | 0:44:17 | 0:44:21 | |
I think I asked her if... | 0:44:22 | 0:44:25 | |
if she destroyed it to prevent its crying. | 0:44:25 | 0:44:29 | |
You asked her if she destroyed it to prevent its crying, yes or no? | 0:44:29 | 0:44:33 | |
-Yes, I did, sir. -And how did the prisoner respond? | 0:44:33 | 0:44:36 | |
-I cannot recall. -Please try! -I cannot. | 0:44:36 | 0:44:39 | |
That this young woman may be executed in consequence of your evidence, would you not venture to recall?! | 0:44:39 | 0:44:44 | |
-My lord, this is very rough! -Why do you tremble so? | 0:44:44 | 0:44:46 | |
-This is an onerous occasion. -Yes, my client's life is at stake! | 0:44:46 | 0:44:51 | |
Now would you please recall what you swore in front of the magistrate? | 0:44:51 | 0:44:55 | |
-Or is the truth now too inconvenient to own? -No. -Good. | 0:44:55 | 0:44:59 | |
Please look at the jury as you do so. | 0:44:59 | 0:45:01 | |
Very well. | 0:45:03 | 0:45:05 | |
She said... | 0:45:06 | 0:45:08 | |
it did not cry. | 0:45:08 | 0:45:11 | |
It never cried. | 0:45:11 | 0:45:14 | |
It did not cry. | 0:45:21 | 0:45:23 | |
It never cried. | 0:45:23 | 0:45:26 | |
It had no breath to cry. | 0:45:26 | 0:45:29 | |
It was still and silent and unmoving. | 0:45:29 | 0:45:33 | |
It was dead when it was born. | 0:45:33 | 0:45:35 | |
-Court shall adjourn for lunch. -Court shall rise. | 0:45:35 | 0:45:39 | |
My lord, I have not finished cross-examining the witness. | 0:45:39 | 0:45:41 | |
It is MY court Mr Garrow and I shall determine the fate of my lamb chops | 0:45:41 | 0:45:46 | |
as ruthlessly as I determine the law here. | 0:45:46 | 0:45:49 | |
Sometimes a mouth must simply allow chewing as its function. | 0:45:56 | 0:46:00 | |
The prisoner used to speak to clear himself or hang himself. | 0:46:06 | 0:46:10 | |
Now the prisoner is silent, we have the eloquent hectoring of Mr Garrow. | 0:46:10 | 0:46:15 | |
-In a cause not his own. -Judge, it may not be his cause | 0:46:15 | 0:46:19 | |
but surely the defence of the accused is progress and therefore some improvement? | 0:46:19 | 0:46:23 | |
Improvement, madam? How can it be improvement in my own court, where I play a lesser part? | 0:46:23 | 0:46:30 | |
Am I merely there to temper Mr Garrow's reign of terror? | 0:46:31 | 0:46:35 | |
I shall have to put out my leg to trip up the coming of these lawyers, or I will be trampled underfoot! | 0:46:35 | 0:46:41 | |
POLITE LAUGHTER | 0:46:41 | 0:46:44 | |
Doctor, after you made examination of the child, | 0:46:51 | 0:46:55 | |
would your opinion be that it was alive or dead | 0:46:55 | 0:46:58 | |
-at the time the wound to the throat was inflicted? -Oh, alive. | 0:46:58 | 0:47:02 | |
In wounds made on a living subject, the edges are red and turned out | 0:47:02 | 0:47:06 | |
and there are little spots of coagulated blood | 0:47:06 | 0:47:10 | |
from the extremities of the blood vessels. | 0:47:10 | 0:47:12 | |
Now that would be caused by the coagulation of blood before death. | 0:47:12 | 0:47:17 | |
-Did you open the body of the child? -I did. | 0:47:17 | 0:47:19 | |
It was the body of a full-grown, mature, healthy child. | 0:47:19 | 0:47:23 | |
The lungs were fully inflated which would not have been the case | 0:47:23 | 0:47:26 | |
had not the child breathed for some little time. | 0:47:26 | 0:47:29 | |
In other words, the child had been alive when it was cut with the knife. | 0:47:29 | 0:47:34 | |
That is so. | 0:47:34 | 0:47:36 | |
Poor little wretch. | 0:47:36 | 0:47:37 | |
SHOTS AND MURMURS FROM COURT | 0:47:37 | 0:47:40 | |
-Circulation continues after death, does it not? -Yes. | 0:47:45 | 0:47:49 | |
So those appearances that you spoke of could equally occur after death? | 0:47:49 | 0:47:52 | |
I should say not. Unless...a very few minutes after death possibly. | 0:47:52 | 0:47:58 | |
My experience has not been such. | 0:47:58 | 0:48:01 | |
-And I understand the test to which you subjected the lungs is called the hydrostatic test? -Yes. | 0:48:01 | 0:48:06 | |
-And you have read Beck and Taylor's work on medical jurisprudence? -High authorities on that subject. | 0:48:06 | 0:48:11 | |
Indeed they are. Well, you will tell me whether you subscribe to this doctrine of Professor Taylor. | 0:48:11 | 0:48:19 | |
"The hydrostatic test is no more capable of showing that a child has been born alive | 0:48:19 | 0:48:23 | |
"than it is of proving whether it has been murdered or died of natural causes." | 0:48:23 | 0:48:28 | |
In other words, the exercise is worthless is it not? | 0:48:28 | 0:48:30 | |
My own experience tells me... | 0:48:30 | 0:48:32 | |
The high authority on this subject is incorrect? | 0:48:32 | 0:48:36 | |
I have never before engaged professionally on an inquiry of this nature. | 0:48:41 | 0:48:48 | |
-Oh, really, then you are some kind of beginner? Your experience doesn't mean much. -Mr Garrow? | 0:48:48 | 0:48:53 | |
If you have the work of Professor Taylor alongside you, | 0:48:53 | 0:48:57 | |
may I suggest you read out the relevant excerpt in court. | 0:48:57 | 0:49:00 | |
Yes, your honour. | 0:49:04 | 0:49:06 | |
Who is this man? Is this man an attorney? | 0:49:13 | 0:49:16 | |
Junior counsel, my lord. | 0:49:16 | 0:49:18 | |
"The majority of those who have made experiments upon this subject have only pretended to show, | 0:49:25 | 0:49:31 | |
"by the use of this and other tests, whether or not a child has breathed." | 0:49:31 | 0:49:35 | |
Is that you, sir? Conducting unreliable experiments? | 0:49:35 | 0:49:39 | |
Pronouncing solemnly on scientific advancements that actually advance nothing? | 0:49:39 | 0:49:43 | |
The child breathed with some force - it was a vital act. | 0:49:43 | 0:49:47 | |
And how would it have breathed with a cord around its neck? | 0:49:47 | 0:49:50 | |
Enough for the lungs to inflate! | 0:49:50 | 0:49:52 | |
Dear me, sir, how your lungs inflate. | 0:49:52 | 0:49:55 | |
LAUGHTER | 0:49:55 | 0:49:58 | |
-Do you recognise these, Mr Herring? -Yes. | 0:50:08 | 0:50:12 | |
They're used in some deliveries. | 0:50:12 | 0:50:13 | |
They are used, are they not, in cases where the navel string, | 0:50:13 | 0:50:18 | |
the umbilical cord, is twisted around the neck of the child. | 0:50:18 | 0:50:22 | |
-I believe so. -You believe so? -I have not used them. | 0:50:22 | 0:50:25 | |
I believe the process of cutting the cord in such circumstances is considered so hazardous | 0:50:25 | 0:50:31 | |
that this peculiar pair of scissors is manufactured for the purpose, is it not? | 0:50:31 | 0:50:36 | |
To prevent, by accident, an incision in the throat of a child? | 0:50:36 | 0:50:41 | |
Mr Garrow... | 0:50:41 | 0:50:42 | |
-I have never cut the cord from a child's neck. -From design? | 0:50:46 | 0:50:49 | |
I have never had the experience of such an event. | 0:50:49 | 0:50:52 | |
Really? Oh, dear, oh, dear. | 0:50:52 | 0:50:54 | |
-Precisely how many children have you delivered? -Several. | 0:50:54 | 0:50:58 | |
-A dozen or... -Well, one or the other, Mr Herring. | 0:50:58 | 0:51:01 | |
It is not my specialism. | 0:51:01 | 0:51:03 | |
Poor fellow, you are without the necessary competence again. | 0:51:03 | 0:51:06 | |
-My lord, this is bullying. -Curb your tongue, Mr Garrow. | 0:51:06 | 0:51:10 | |
Yes, your honour. | 0:51:10 | 0:51:12 | |
Despite your lack of expertise, | 0:51:12 | 0:51:15 | |
you do acknowledge that cutting the cord from a child's neck | 0:51:15 | 0:51:19 | |
-may cause an incision there. -It's a possibility. | 0:51:19 | 0:51:22 | |
Very well. | 0:51:23 | 0:51:26 | |
Can you not say... | 0:51:26 | 0:51:29 | |
that a female in such circumstances as unassisted labour may, | 0:51:29 | 0:51:33 | |
from pain and anxiety, | 0:51:33 | 0:51:35 | |
become deprived of all judgment, | 0:51:35 | 0:51:38 | |
cause an incision by accident in the throat of a child? | 0:51:38 | 0:51:42 | |
A child who was fatally compromised by the cord around its neck... | 0:51:42 | 0:51:47 | |
and therefore dead | 0:51:47 | 0:51:50 | |
and from whom this poor mother was naturally anxious to remove herself? | 0:51:50 | 0:51:55 | |
My lord, my learned friend is addressing the jury. | 0:51:55 | 0:51:59 | |
My lord, I'm merely looking their way. | 0:51:59 | 0:52:01 | |
You may not address them with your mouth or your eyes. | 0:52:01 | 0:52:04 | |
-I know the limitations of my defence. -As do I! | 0:52:04 | 0:52:07 | |
Perhaps you would like the witness to provide an answer to your...speech. | 0:52:08 | 0:52:13 | |
-It is my fervent wish. -Then put it to him more succinctly. | 0:52:13 | 0:52:16 | |
I put it to you, Mr Herring, | 0:52:19 | 0:52:21 | |
that the wound to the child's throat was not a mark of violence at all | 0:52:21 | 0:52:25 | |
but a sad sign of desperation. | 0:52:25 | 0:52:28 | |
She cut her offspring's neck because she did not know what she was doing. | 0:52:28 | 0:52:33 | |
-It may be so. -HUBBUB IN COURT | 0:52:39 | 0:52:42 | |
Court will adjourn for a short time. | 0:52:46 | 0:52:49 | |
Court shall rise. | 0:52:49 | 0:52:51 | |
I was earlier detained by some doubtful lamp chops and I fear they may detain me again. | 0:52:54 | 0:52:59 | |
-You think it goes well, Mr Southouse? -I think we head towards acquittal. | 0:53:09 | 0:53:14 | |
-The judge is determined that you shall lose. -How so? | 0:53:14 | 0:53:18 | |
In the way he will direct the jury. | 0:53:18 | 0:53:20 | |
What can be done, Mr Southouse? | 0:53:25 | 0:53:27 | |
If he is determined, there is nothing to be done. | 0:53:27 | 0:53:29 | |
Will? | 0:53:33 | 0:53:34 | |
Court shall rise. | 0:53:40 | 0:53:41 | |
I cannot address the jury directly so the court must hear your voice. | 0:53:43 | 0:53:48 | |
-What do I say? -How you did defend yourself to me in Newgate. | 0:53:48 | 0:53:52 | |
Remember how you were in Newgate. | 0:53:52 | 0:53:54 | |
-Mr Silvester. -My lord? -Do you wish to call any more witnesses? -None. | 0:53:54 | 0:53:59 | |
-Mr Garrow, any witnesses as to the defendant's character? -None, my lord. | 0:53:59 | 0:54:04 | |
Very well. | 0:54:05 | 0:54:07 | |
Sir... | 0:54:07 | 0:54:10 | |
if I may... | 0:54:10 | 0:54:12 | |
I could not own to the pregnancy | 0:54:19 | 0:54:21 | |
because I could not bear it to be true. | 0:54:21 | 0:54:24 | |
But I held... | 0:54:26 | 0:54:28 | |
..I held my child in the cellar | 0:54:30 | 0:54:34 | |
as its flesh grew colder and colder... | 0:54:34 | 0:54:38 | |
..until I grew cold next to her. | 0:54:39 | 0:54:42 | |
I did not sleep that night. | 0:54:44 | 0:54:47 | |
I did not wash her blood from me. I would not. | 0:54:47 | 0:54:51 | |
It was also my blood. | 0:54:51 | 0:54:53 | |
My baby did not suffer in life. | 0:54:55 | 0:54:59 | |
My baby was born at peace. | 0:54:59 | 0:55:02 | |
The single question here is whether the mother has proved that the infant was born dead. | 0:55:13 | 0:55:20 | |
I draw your attention to grievous wounds at the child's throat. | 0:55:20 | 0:55:23 | |
I draw your attention to the fact the young woman had provided no things for the child - | 0:55:23 | 0:55:30 | |
no clothing, no linen. | 0:55:30 | 0:55:32 | |
It suggests that she was in no way prepared | 0:55:32 | 0:55:36 | |
for the arrival of the child, had no intention of keeping it. | 0:55:36 | 0:55:41 | |
To be sure, there is evidence to convict of the crime of wilful murder. | 0:55:41 | 0:55:46 | |
You will confer and reach a verdict. | 0:55:46 | 0:55:51 | |
JURY CONFERS IN WHISPERS | 0:55:53 | 0:55:56 | |
-You have reached a verdict? -We have. | 0:56:14 | 0:56:17 | |
How do you find the prisoner charged with this indictment? Guilty or not guilty? | 0:56:17 | 0:56:21 | |
Not guilty. HUBBUB IN COURT | 0:56:21 | 0:56:24 | |
The prisoner is free to go. | 0:56:30 | 0:56:33 | |
You think I play the law as a game for gentlemen. | 0:56:44 | 0:56:47 | |
You're not wrong. | 0:56:47 | 0:56:49 | |
But now, sir, you will find me in earnest. | 0:56:49 | 0:56:52 | |
Mr Garrow, you are also free to go, | 0:57:03 | 0:57:05 | |
unless of course you intend to defend every prisoner here today? | 0:57:05 | 0:57:09 | |
Not today, my lord, but perhaps tomorrow. | 0:57:09 | 0:57:13 | |
Next prisoner! | 0:57:17 | 0:57:20 | |
I owe you my life, Mr Garrow. | 0:57:23 | 0:57:25 | |
It should not have been at stake. But you will thrive now. | 0:57:25 | 0:57:28 | |
-With a reference, I may have hope of some employment. -Mr Southouse? -Gladly. | 0:57:28 | 0:57:34 | |
Thank you... | 0:57:35 | 0:57:38 | |
Thank you, both. | 0:57:38 | 0:57:41 | |
Thank God you did not disappoint me. | 0:57:51 | 0:57:54 | |
And now perhaps by association with me, you will not be blackened further as a Newgate solicitor. | 0:57:54 | 0:57:59 | |
By association with you I may find some other trouble altogether. | 0:57:59 | 0:58:02 | |
I shall change the trial forever. | 0:58:02 | 0:58:04 | |
Then you shall make enemies, Mr Garrow. | 0:58:04 | 0:58:08 | |
I hope there shall be some who will favour me. | 0:58:09 | 0:58:12 | |
-Oh! -WOMAN SCREAMS | 0:58:31 | 0:58:33 | |
I cannot do what is not in my heart. | 0:58:33 | 0:58:35 | |
You were called to the bar - they do not announce your heart there! | 0:58:35 | 0:58:38 | |
That man is the monster! He is the monster that did attack me! | 0:58:38 | 0:58:41 | |
You no longer find favour with the public gallery, Mr Garrow. | 0:58:41 | 0:58:46 | |
I would happily lay hands on you, Rawlings! | 0:58:46 | 0:58:48 | |
Madam, your agitation seems to occur at the most convenient time! | 0:58:48 | 0:58:52 | |
Subtitles by Red Bee Media Ltd 2009 | 0:59:13 | 0:59:17 | |
E-mail [email protected] | 0:59:17 | 0:59:21 |