Episode 1 Garrow's Law


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Judas!

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My client's life is at stake!

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-Guilty.

-No!

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No! No!

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Are you the monster?

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SCREAMS

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Thou must be a ruffian to get at the truth.

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The court is yours not Garrow's.

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You are not sentenced yet.

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Are you aware of the role this trial will play in our nation's history?

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-He was slain by them!

-You may have trained me but you do not own me.

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Blast your eyes, you damned bitch!

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Mr Garrow!

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These are the men who will decide what charge you face.

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Your law is weak if men can bend it to their will.

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-Damn the lot of you!

-This is a lynching, not a trial!

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Next prisoner!

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Eliza Radnell, spinster was indicted for that she on the 26th of April...

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Oh, please take pity, sirs, tis my wife.

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..house of Thomas Langstaffe did breach and enter,

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no person being therein and stealing

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thence one linen shift, one pair of worsted stockings, twelvepence.

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I call the prosecutrix, Mrs Mary Langstaffe.

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Would that the jury concentrate as much as you.

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Then this would be a much improved place.

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-As for your place, it is not here alas.

-Just one more case!

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You are not employed here.

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Will!

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I came home and found her within.

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I asked her how she got in, she could not tell.

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I asked her what business she had with my things, she could not tell.

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I got assistance and kept her there until the parish beadle came over.

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Mr Crompton will not be pleased.

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It is drudgery there.

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I was not called to the bar to be buried in book dust.

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The prisoner shall speak for herself in her own defence.

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And again and as ever, no defence counsel for the prisoner.

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I beg your pardon, sir, but I had drunk part of four pints of two penny.

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I let myself in the house to sleep, I put the clothes on for warmth.

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LAUGHTER

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Jurymen, consider your verdict.

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-You have reached a verdict?

-Guilty!

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-No!

-CHEERING

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It did not take them long to confer.

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The sentence is branding.

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-No!

-Relative to transportation, it is a mercy.

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But she may have been telling the truth, that she was not guilty.

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The wisdom of the court observes that it requires no manner of skill to make a plain and honest defence.

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But it will, one day it will. SHE SCREAMS

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BRANDING HISSES JEERING

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An acquittal shall follow!

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Will, when you have a criminal brief, it will be your duty to address a court of law but not now.

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Nicholas Porter is indicted for stealing two fat hogs

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value 40 shillings and 18 live fowls value nine shillings...

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Mr Southouse!

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You have business in there this afternoon?

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A silk merchant prosecuted by a creditor with half a guinea to enlist me as his attorney.

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Is he in need of counsel, I should very much like to help.

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You should hurry.

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Mr Garrow?

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Mr Crompton.

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Brandy here. This man's not long been robbed at gunpoint!

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Come on. Come and sit down.

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The wretch clapped a pistol to my breast and demanded my money!

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Whoa!

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You robbed this gentleman, you wretch. And now you'll be brought to justice.

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Mr Southouse! I've never been inside Newgate, I would learn from it.

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I'm not there to furnish you with experience.

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-Well, what then?

-A very faithful and sincere young woman has

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sold half her possessions to pay for my service on behalf of her brother.

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It is a limited service, you cannot appear in court, you may tell him

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who and what is sworn against him and help prepare his speech...

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-And it may save his life.

-It may.

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Mr Southouse, I promise I will not speak I will merely observe.

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I have seen you observe at the Old Bailey.

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-Your eyes are very busy as is your mouth, unfortunately.

-I cannot stay in the Pleader's Office!

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Then head for Quarter Sessions.

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Pass paupers from one parish to another! Oppose dancing licences...

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I will be an Old Bailey barrister

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and I will seek any attorney for my briefs but I would rather you embraced me, dear mentor.

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Very well...

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but in silence.

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Mr Southouse, always a pleasure to see you going about your business.

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My er...

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His humble servant.

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Peter Pace, please.

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This way, gentlemen.

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So, the young lady's brother was brought before the justice for violent theft and highway robbery.

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Half a guinea is a not inconsiderable sum...

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but for his life, it may be a bargain.

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Thank you.

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Peter, this is Mr Southouse your attorney.

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I never saw my accusers at all until they come up to me and knocked me off my horse.

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They stamped on my head, they said they would butcher me for what I done.

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They said, "Damn his eyes, kill him!"

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My pen is not yet out of my pocket, Mr Pace.

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Please...

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Now then, tell me, at magistrate's court, what passed?

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I cannot exactly recall.

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My mind was not set right.

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Mr Grove, the prosecutor swore he was the highwayman.

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The charge says that two shillings were stolen.

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They did not find me two shillings richer.

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-You were searched immediately?

-I was more set upon...

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-and then brought along.

-You were in want of money?

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-Sir?

-Will!

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Did you see an opportunity?

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-A man, alone on a deserted road.

-You will wait outside!

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The man you overtook put a pistol to his cheek and then discarded it.

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-Never!

-Explain this! Who is this accuser?

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Mr Garrow. Apprentice to me at 15...

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But too gifted in law to be a mere attorney.

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Come, sir, you can speak freely. Black is white and white is black,

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according as we are paid, our loyalty is to the client, not to the truth.

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-William!

-Speak freely?

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Oh, I have a language for you, sir.

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Damn you both if you would take a guinea from me or my sister and think to have me lie.

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I will not have you!

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Good.

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Excellent. Well said.

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You will not give a better testimony.

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Oh! Oh, I see.

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-You do?

-He puts it to me and I...

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Excellent, sir.

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And am I blessed to have the both of you to serve me?

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A...not...

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Mr Garrow is a barrister.

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I would be bound to instruct him.

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Then do so. Mary?

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But the cost of a barrister, madam.

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Half a guinea?

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-I'm afraid that will not...

-Half a guinea.

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Half a guinea.

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You are instructed.

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-I am instructed.

-Attorney and counsel.

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-This goes well.

-This goes very well.

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-SHUFFLES PAPER

-Mr Garrow?

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Mr Crompton.

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Will... William!

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You will concentrate here.

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-This is the brief.

-It is.

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-It s very thin.

-Well, you're not allowed to see the indictment.

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You are refused copies of the deposition sworn against your client.

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You are not permitted to visit your client while he is in Newgate.

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When you are at the Old Bailey you will not be allowed to address the jury, make an opening statement

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or a closing speech.

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You may call witnesses as to the prisoner's character but they are not bound to appear.

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In fact, not only is it impermissible for counsel to make a full defence,

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it is barely allowable for them to actually win a case.

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Hence the thinness of your papers.

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But in the meantime, Mr Southouse, what have I to save Mr Pace from the rope?

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The prosecution's testimony.

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You must find a weakness in it.

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Study your brief. I shall see you at court.

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Goodnight, Will.

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And if you cannot sleep, let us hope it's from anticipation and not fear.

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Good night.

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William!

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You look splendid.

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Oh, no. Edward Forrester. A renowned thief-taker.

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If he's involved in the prosecution, this goes not so well.

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-Mr Southouse, if a thief-taker is at the heart of this that will help make our defence.

-Or our damnation.

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Good luck, Will.

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Mary!

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Who's this?

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-William Garrow from Lincoln's Inn.

-By way of?

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-Sir?

-Well, not Oxford or I'd know you.

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Articled to an attorney, John Southouse of Milk Street.

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You received your education in Billingsgate.

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Oh, dear...

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Silvester.

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Middle Temple.

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Come to condemn the wretches or confound the jury today?

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I've come to defend a man.

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-First case?

-Peter Pace.

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You're against me. And the facts.

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Court shall rise.

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Still, they'd need only detain for us for a few hours, then what's next?

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Oh, a coining. Well, that will make two hangings before lunch.

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-I recommend the broth.

-I recommend you read your brief again.

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The prisoner, Peter Pace, is indicted for that he,

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in the King's highway in and upon William Grove, feloniously

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did make an assault, putting him in corporeal fear and danger of his life and stealing from his person

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two shillings in monies numbered the property of the said William Grove.

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Call William Grove.

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So, the alarm being raised, we gave chase.

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Mr Forrester, myself and Mr Stoddert who'd witnessed the assault upon me.

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Mr Grove, at the magistrate's committal you swore to the identity of the fellow.

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Could you please do so now again for the benefit of this court?

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-You lie!

-Behold the prisoner!

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A humour not to be encountered on any lonely by-way.

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No more questions.

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You know this man?

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I know this is the man that robbed me.

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You swore before the magistrate,

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-that the man who robbed you covered his face with a handkerchief.

-Yes.

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Yes.

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So how were you able to swear to Mr Pace?

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This man rode a grey mare.

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Is there a horse in the dock, Mr Grove?

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-TITTERING

-Sir?

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A grey mare accused of robbery?

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I do not know what you mean, sir.

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Well, your only means of identification is by way of the horse my client was riding.

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You could not swear to his face, only to his horse. LAUGHTER

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What words did your attacker make use of?

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He demanded my money or my life.

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-Those were the very words, your money or your life?

-Well, he expressed it in that manner.

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He came up, shows me the pistol and he says...

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Your money or your life, remarkable. LAUGHTER

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-You were robbed of two shillings?

-I was.

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Oh, dear, still £40 is better than two shillings.

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-Well, I don't know that it is under a wrong cause.

-A wrong cause.

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You know it is not every day that one gets £40 reward for hanging a man? Is that not your cause?

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M'lord. My learned friend Mr Garrow has a very rude approach.

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Mr Garrow...

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do not speculate.

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Interrogate. And do so with a little delicacy.

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Hear, hear!

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Who paid for this prosecution?

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-Mr Forrester.

-Mr Forrester - the renowned thief-taker.

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Yes, sir.

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And who paid for your expenses to attend this business?

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-Mr Forrester.

-What assistance that man does provide.

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No further questions, my lord.

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Thank you, Mr Grove.

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Do you think Mr Garrow makes an impression on the jury?

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Forrester appears next and he has made an impression on many juries.

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Call Edward Forester!

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A robbery takes place on the road

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from Hounslow to Hanworth

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where a thief-taker is dining at that very hour. A rare convenience?

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The good fortune of those in need.

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You had no fear to pursue a man who would wield a pistol.

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I had a pistol of my own, sir.

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Who paid for this prosecution?

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-I paid half a guinea.

-Who paid for the indictment?

-I did.

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To see justice done?

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To obtain the conviction of a guilty man who would put others in fear and danger of their life.

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-You are quoting the indictment.

-It is also my belief.

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-As a thief-taker?

-And as a man.

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But as the former, you are a taker of rewards for the apprehension

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and conviction of those found guilty of serious crimes.

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As the government sees fit.

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And are you hoping for a reward here?

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I would not presume on the judge, the jury or the law.

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I put it to you that this crime did not take place.

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A man was caught, brought before the magistrate and stands here now.

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I put it to you that you paid Grove to make a hue and cry against an innocent man,

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-turn him all at once into a highwayman.

-Innocence is the jury's business.

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I put it to you that you invented this robbery. MURMURING

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I put it to you that...

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the victim and the witness are schemes of your own fiction

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as is the blameless prisoner you accuse as your robber!

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JUDGE BANGS GAVEL

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Mr Garrow, it is your job to excite distrust of the evidence not to make a speech on your client's behalf.

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Please forgive my learned friend, m'lord.

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Until today he's never actually been in the law.

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GALLERY LAUGH

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How long have you been in the business of thief-taking?

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Um... I can't rightly tell.

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Well, guess a little, how long?

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Well, clearly some time longer than you've been a counsellor.

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LAUGHTER

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-How many...

-Sir?

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-How many trials did you appear upon last sessions?

-Never a one.

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There was no blood money last sessions?

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If there were no thieves, how would you get a brief?

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Unless this be your last.

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LAUGHTER

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No more questions.

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Thank you, Mr Forrester.

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Gentlemen, you will consider your verdict.

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You may wish to leave this place.

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I cannot until I know my brother's fate.

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You have reached a verdict?

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-Unanimously.

-How do you find the prisoner?

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Guilty.

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No!

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-No!

-SHE SOBS

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No! Please! God have mercy!

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Judge, your Lord, I beseech you!

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The sentence is death.

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Death by hanging.

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Take the prisoner down.

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No! No!

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JEERING AND SHOUTING

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It troubles you not to derive your living from the groans of the gallows?

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Mr Garrow!

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The man is all a-flutter, my lord.

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I should demand satisfaction if I had not already found it in the verdict.

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-You will apologise to Mr Silvester.

-I will only apologise to my client.

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-Then I shall commit you!

-So your lordship may!

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Mr Garrow, you are hot-headed and intemperate.

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This is your first case here and you have lost it.

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So, I forgive you.

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Now sit down.

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Next prisoner.

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May I?

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Eat! Broth.

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You need food, man.

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That, and a stronger constitution.

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It is the lot of defence counsel to see their clients carried off to Tyburn.

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I was determined mainly to prosecute, far more congenial.

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And as for the rights of prisoners, that's a very irregular income.

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-You will learn that the law is not a game for gentlemen.

-Will I?

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And you shall learn to become a gentleman or there shall be no law for you at all.

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Mr Garrow.

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Sir Arthur Hill MP invites you to dinner.

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Now you have an opportunity, Garrow.

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Are you familiar with the phenomenon of cutlery?

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I have made law and order my business in parliament, Mr Garrow,

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but I fear I understand the law only as we legislate and not as it is practised.

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Even an MP should not be quite so narrow.

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So you do attend the Old Bailey, Sir Arthur?

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I am fortunate to have the attendance of my wife there.

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-Mr Garrow, we are grateful that you did accept our invitation.

-Lady Sarah.

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Well, I imagine those that see me at the bench would consider me there for my leisure and sport

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and Judge Buller certainly does think me very elegant alongside him.

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And how could you not look so, beside him!

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I'm not there for his decoration.

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But on my behalf, so that I'm informed from the very place where justice is dealt.

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The law be dealt there but no justice.

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You will enlighten us?

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I am sorry if you feel a source of enquiry for a good dinner but

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I think at least you should have your dinner before you feel so used.

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The law is the concern of us all here.

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We are under siege in London from ruffianism.

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From Chick Lane to the Ratcliffe Highway.

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We all do well to employ our own watchmen.

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And form our own societies.

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You have heard of the Society for the Reformation of Manners, Mr Garrow?

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You campaign, Mrs Browning?

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We bring prosecutions in the hope that it will be...improving.

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Improving manners in illegitimacy, adultery, bawdy houses, molly houses, prostitution.

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-What's a molly house?

-And what do you know of such?

0:25:430:25:47

I pay attention at the Old Bailey as you would have me do is all.

0:25:470:25:50

Pay attention to...?

0:25:500:25:51

Sodomy, Mr Sowerby. Sodomy and catamites.

0:25:510:25:55

Please sir, you may examine me.

0:25:550:25:58

My wife did remark that your...

0:26:000:26:04

defence of the prisoner was very...

0:26:040:26:07

singular.

0:26:080:26:09

It was why we did invite you here.

0:26:090:26:12

You do not favour the protection of our society in prosecution?

0:26:120:26:16

The Bloody Code upheld?

0:26:160:26:18

The terror of the rope, the branding iron,

0:26:180:26:21

the thief-takers' corruption that sends innocent men to Tyburn?

0:26:210:26:24

And you think a battle amongst counsel the best way of arriving at the truth?

0:26:240:26:28

The prisoner in the dock has been too long left to his fate for want of counsel.

0:26:280:26:32

And is your loyalty to the prisoner,

0:26:320:26:34

-or your fee?

-My loyalty is to the truth.

0:26:340:26:37

-But you'll settle for a 'not guilty' regardless of the truth?

-You think we should eke out injustice all day

0:26:370:26:41

for one wrong verdict that may come between?

0:26:410:26:44

I will not believe that the law is a lie.

0:26:440:26:46

And I think I may be better minded to listen to talk of reform were it

0:26:460:26:50

not so bound up with the burgeoning prospects of defence counsel.

0:26:500:26:53

Now there's a truth for you.

0:26:530:26:55

"Did not the felon firmly fix his hope on flaw or jaw and so escape the rope?

0:26:550:27:02

"Justly he'd meet that fate without reprieve that comes when the Advocate fails to deceive."

0:27:020:27:08

LAUGHTER

0:27:080:27:10

A good satire, sir.

0:27:100:27:13

It seems your investigations into the law were concluded before they had begun.

0:27:130:27:18

If I am not a source of satire for a good dinner, I will also not be a source of amusement for it.

0:27:180:27:24

I remember my father teaching in the school where my education was under his superintendence.

0:27:360:27:41

We were both mocked - him by his better born pupils for the plainness of his background

0:27:420:27:49

and myself for the fact that no fee was paid for my education.

0:27:490:27:53

My father's service was the fee.

0:27:550:27:58

He suffered their insults behind his back, he never turned to face them down.

0:27:580:28:02

And you were taken out?

0:28:020:28:05

Because I would bite and scratch.

0:28:050:28:07

They were for Oxford, I was articled.

0:28:070:28:10

And I was grateful for it.

0:28:100:28:13

And now?

0:28:160:28:18

My dear friend, I thank you for your trust but you should not have instructed me with the case.

0:28:180:28:22

Well, now you are instructed at least.

0:28:220:28:25

-But I was undone by my arrogance, my inexperience.

-You lack manners.

0:28:250:28:30

You were too angry.

0:28:300:28:32

You lost control.

0:28:320:28:34

And what did you mean to challenge Judge Buller?

0:28:340:28:37

You are in the law, you cannot be in contempt of it.

0:28:370:28:40

The law is itself contemptible.

0:28:400:28:41

Then perhaps you are not ready to practise it.

0:28:410:28:44

Your new chambers are very commodious.

0:28:490:28:52

If I still have use for them.

0:28:540:28:57

LABOURED BREATHING

0:29:000:29:03

SHE CRIES OUT IN PAIN

0:29:070:29:09

SHE PANTS AND GROANS

0:29:280:29:31

SHE SOBS

0:29:310:29:33

It is a vile day at the Old Bailey when we are in want of eleventh-hour briefs from attorneys.

0:30:100:30:16

A state of affairs you may well have to get used to permanently unless you begin to win.

0:30:160:30:22

More than agreeable.

0:30:220:30:24

Mr Silvester.

0:30:260:30:29

A murder!

0:30:290:30:30

And all prosecution witnesses already called before the coroner.

0:30:310:30:36

Lunch will come early.

0:30:360:30:37

Will! It was a prosecution brief.

0:30:400:30:42

You could not trust me with such a case?

0:30:420:30:45

I think... I think things came a little too quickly.

0:30:450:30:49

"Here and there in the crowd we mark with pity,

0:30:490:30:53

"for his too certain fate,

0:30:530:30:56

"the careworn face of some self-educated peasant.

0:30:560:31:02

"The ambition which has aspired his toil in the unwonted field of legal labour

0:31:020:31:07

"is doomed to inevitable blight."

0:31:070:31:10

So, Mrs Tarling, the prisoner Elizabeth Jarvis

0:31:130:31:17

came into your service as a servant some three weeks since?

0:31:170:31:21

Yes, your honour. After a few days I suspected she was with child.

0:31:210:31:25

She insisted she was not.

0:31:250:31:28

If the magistrate thinks the case strong enough to go to trial,

0:31:280:31:32

the Society will bring a prosecution upon this wretch.

0:31:320:31:36

..And found blood on the kitchen table and on the floor.

0:31:360:31:40

I took a candle and followed the spots of blood

0:31:400:31:44

into the coal cellar... Sorry.

0:31:440:31:47

Pray continue, Mrs Tarling.

0:31:470:31:49

I hope you will not find this too distressing.

0:31:490:31:51

I am not concerned about myself.

0:31:510:31:53

Who will defend her?

0:31:540:31:56

She may ask God's mercy.

0:31:560:31:59

A pair of stockings soaked in blood and...

0:31:590:32:03

as I moved a box... the body of a dead child.

0:32:030:32:07

Her name is Elizabeth Jarvis.

0:32:310:32:35

She is committed for trial - infanticide.

0:32:350:32:38

-And you will pay for counsel?

-I will pay for Mr Garrow.

0:32:380:32:42

Mr Garrow?

0:32:440:32:46

No other.

0:32:460:32:47

MEN LAUGH AND CHATTER

0:32:540:32:57

-Will.

-Mr Southouse.

0:32:590:33:01

You have a brief for me and I am like a dog called to its bowl. Thank you.

0:33:030:33:08

-A tankard of ale, please.

-Of course.

0:33:080:33:11

How has a maidservant a guinea for her defence?

0:33:160:33:19

A lady has a guinea and an inclination to help her.

0:33:190:33:24

And you have an inclination to help me?

0:33:240:33:26

We have to prove that the child was born dead.

0:33:260:33:30

Otherwise the mother be presumed guilty of its murder.

0:33:300:33:33

The presumption of innocence not applying in infanticide.

0:33:330:33:36

Particularly when she is unmarried.

0:33:360:33:38

Particularly when the birth was concealed.

0:33:380:33:41

Regarded as usually conclusive evidence of the woman's guilt.

0:33:410:33:46

And the evidence that would be in her favour?

0:33:460:33:50

Did she confess the pregnancy?

0:33:500:33:52

Did she seek assistance in labour?

0:33:520:33:55

Did she prepare for birth by the collection of linen?

0:33:550:33:58

And the answer to all three be no?

0:33:580:34:00

And there is the presence of a bloody knife

0:34:010:34:05

and a surgeon attesting to marks of violence.

0:34:050:34:07

Mr Southouse, this is an unwinnable case.

0:34:070:34:10

Previously you were a barrister with too much confidence,

0:34:100:34:13

now you are one with none.

0:34:130:34:15

All right, I will earn my guinea. But who has pledged it?

0:34:150:34:18

Who has better faith than I that we can obtain an acquittal here?

0:34:180:34:21

Her name is Lady Sarah Hill

0:34:210:34:23

and she attended the magistrate's committal for her education.

0:34:230:34:27

-Lady Sarah Hill instructed you?

-And most expressly asked for you.

0:34:270:34:32

Mrs Browning did almost drop her spoon when you left the room.

0:34:360:34:41

Well, at least she will not try to enlist me for her society.

0:34:410:34:43

You could not join the Reformation of Manners because you have none.

0:34:430:34:47

I refuse to be reformed. And your husband?

0:34:470:34:51

-He did not object.

-Because he thinks I fled the argument.

0:34:510:34:55

His beliefs are sincere and certain.

0:34:550:34:58

But you do not share them?

0:34:580:35:00

On this particular cause, no.

0:35:000:35:02

My husband sat on a parliamentary committee

0:35:080:35:12

with the aim of reforming the law on infanticide.

0:35:120:35:15

It was suggested that a lesser charge - concealment - be instigated in its place.

0:35:150:35:20

Your husband was an opponent?

0:35:200:35:21

Concealment carries a two-year sentence.

0:35:210:35:23

He was still of the opinion that women who bring forth bastards should be hung.

0:35:230:35:29

-You have read on the subject?

-Secretly,

0:35:290:35:32

from the papers that lay in my husband's study.

0:35:320:35:36

Mrs Browning is convinced that in Elizabeth Jarvis

0:35:360:35:39

they will punish sexual licentiousness and loose morals.

0:35:390:35:43

I only saw a young woman trapped and overwhelmed with fear.

0:35:430:35:48

But you are not afraid yourself, I think?

0:35:490:35:52

My husband would consider my participation in this an infidelity.

0:35:530:35:58

Well, it shall remain a confidence we share.

0:35:580:36:00

But in defence, and in this case above all, I am disadvantaged in law.

0:36:000:36:05

Then you shall have all the evidence I noted in the magistrate's parlour.

0:36:050:36:10

I believe I am fortunate to have made your acquaintance.

0:36:100:36:13

And fortune may allow us to prevail.

0:36:130:36:15

-To Newgate! But it's not permissible.

-Why?

0:36:190:36:22

-It's not etiquette.

-You would prefer taste to justice?

0:36:220:36:26

I must know more. I must see the prisoner!

0:36:260:36:29

I am the attorney. I talk to the client, I make the preparation!

0:36:290:36:33

You do not trust my services all of a sudden?

0:36:330:36:36

I do not trust myself, Mr Southouse.

0:36:360:36:39

It is not a wish to flout conventions,

0:36:390:36:42

it is simply thoroughness to ensure all ground is covered in this case.

0:36:420:36:46

And that I am truly prepared - where before I was not.

0:36:460:36:50

-Well, if it comes from humility, then happily.

-Good, excellent.

0:36:500:36:54

Lady Sarah will meet us there.

0:36:540:36:57

Lady Sarah, how so?

0:36:570:36:59

Elizabeth... you lied about not being pregnant.

0:37:030:37:08

You then attempted to conceal the birth.

0:37:080:37:12

Explain to me as counsel for the prosecution would have you do.

0:37:120:37:16

The knowledge of my pregnancy would bring about my dismissal, sir.

0:37:160:37:20

And I would have left that residence with no character reference

0:37:200:37:24

and little chance I'd be taken into service again.

0:37:240:37:29

-And I did not want to own my shame.

-You prepared no linen.

0:37:290:37:33

I had not the wits or the wherewithal to plan anything.

0:37:330:37:37

You had the wherewithal for a knife, Elizabeth.

0:37:370:37:40

You had the wits to know that you would cut the navel string. That was cold experience.

0:37:400:37:44

-Well?

-I knew I had to separate the child from me.

0:37:460:37:51

Bodily, yes. And in life? Did you want it dead so you could live?

0:37:510:37:55

The child was already dead, sir! But if it had lived...

0:37:550:37:59

Would you have killed it? Would you? Look at me?!

0:37:590:38:03

I would have hid it, in the hope that it would be found alive and well and looked after.

0:38:040:38:10

And never have to follow in the low ways of its mother.

0:38:100:38:12

Gaoler?

0:38:150:38:17

You would go there for thoroughness?

0:38:220:38:24

You simply convinced her of her own worthlessness.

0:38:240:38:26

And convinced myself of her innocence.

0:38:260:38:28

You think to play rough tricks?

0:38:280:38:30

I am in want of rough tricks. I am learning some.

0:38:300:38:33

-Her innocence may be established in court, not in Newgate.

-Maybe?

0:38:330:38:38

By casting polite doubt on the eyesight of the prosecutrix?

0:38:380:38:41

Or the obtaining of an acquaintance of Elizabeth as character witness? That will not suffice!

0:38:410:38:45

-You cannot insult to an acquittal. It was your mistake before.

-That I was not rude enough was my mistake!

0:38:450:38:50

I have no means but to destroy the prosecutrix

0:38:500:38:53

and make war with her counsel. What would you have me say?

0:38:530:38:56

"I am in no way satisfied the jury were right in finding her guilty

0:38:560:39:00

"but at least everything was carried out with the utmost decorum."

0:39:000:39:03

The life of Elizabeth Jarvis is at stake

0:39:030:39:06

in solemn and polished injustice.

0:39:060:39:08

I must be a ruffian to get the truth,

0:39:080:39:10

I must confront the Gentlemen of the Old Bailey to save her life.

0:39:100:39:14

-Lady Sarah.

-Lady Sarah.

-I am sorry you were in attendance.

0:39:170:39:21

Nonsense!

0:39:210:39:22

I am gratified to hear it.

0:39:220:39:25

Well, then, if you are going to insult,

0:39:250:39:30

your tongue must at least be well prepared with the sharpest of facts.

0:39:300:39:34

Which it is my job, as attorney, as your attorney...

0:39:340:39:37

I've already arranged an appointment.

0:39:370:39:39

Oh? Where?

0:39:390:39:41

We are to meet a surgeon.

0:39:410:39:43

WOMAN SCREAMS IN AGONY

0:39:510:39:53

And these?

0:40:080:40:10

Well, these are the forceps.

0:40:100:40:13

And these?

0:40:150:40:17

-To cut the navel string, in certain circumstances.

-Such as?

0:40:170:40:23

-When it's around the baby's throat.

-SCREAMING CONTINUES

0:40:230:40:26

-Now, you wish to see the mortuary?

-Hm.

0:40:280:40:31

In particular, the lungs of infants recently dead.

0:40:320:40:36

Certainly, there are new cadavers there now.

0:40:360:40:39

By preparation I meant black letter law and statutes not this atrocity!

0:40:400:40:46

Elizabeth Jarvis was indicted for that she, on the 29th April last,

0:41:160:41:22

at the parish of Marylebone, being big with a certain female child,

0:41:220:41:26

the said female child, alone and secretly from her body

0:41:260:41:30

by the providence of God, did bring forth alive,

0:41:300:41:34

which said child, being so born alive...

0:41:340:41:37

Everybody does look at me. Where do I look?

0:41:370:41:40

Fix your eyes on me, in hope you see your acquittal.

0:41:400:41:43

..But being moved and seduced by the instigation

0:41:430:41:46

of the devil feloniously and wilfully

0:41:460:41:49

and of her malice aforethought...

0:41:490:41:51

You listen for some mistake in the indictment to get the case thrown out?

0:41:510:41:56

A forlorn hope but at least you are learning your law , Mr Garrow.

0:41:560:42:00

Improvement will surely follow,

0:42:000:42:02

if not quite enough for acquittal of this careless spinster.

0:42:020:42:06

Mrs Tarling, could you tell me what happened that morning?

0:42:120:42:16

I went to the prisoner's room with my niece.

0:42:160:42:19

I found the prisoner in bed.

0:42:190:42:21

And you found her, apart from horizontal...

0:42:210:42:24

LAUGHTER

0:42:240:42:26

-Sir?

-Her manner?

-She said she felt better.

0:42:260:42:30

She felt better.

0:42:300:42:32

The baby was downstairs dead and she felt better?

0:42:320:42:36

By this, presumably, you mean she felt relieved and glad?

0:42:360:42:40

-I mean she...

-Sanguine and very calm...

0:42:400:42:43

-May the witness not be the subject of ventriloquism.

-I put no words into the mouth of the witness.

0:42:430:42:48

-You lead her like a farmer brings a cow to market!

-He speaks of his former calling.

0:42:480:42:52

-The cow very sickly, the farmer selling it hasty.

-Mr Garrow!

0:42:520:42:57

-Continue, Mr Silvester.

-My lord.

0:43:000:43:03

You addressed her in her room...

0:43:030:43:05

as she lay there...

0:43:050:43:07

feeling better?

0:43:070:43:09

Yes, sir.

0:43:090:43:11

And what did you say to her?

0:43:110:43:13

I told her it was a very sad thing

0:43:130:43:17

-and how could she do so cruel an act?

-And her reply?

0:43:170:43:21

"Do what, Mrs Tarling?" she said.

0:43:210:43:24

She would not own it?

0:43:240:43:26

I spoke more plain. I asked her how she could destroy the poor little creature.

0:43:260:43:30

And she responded?

0:43:300:43:32

She made no answer.

0:43:320:43:34

She made no answer.

0:43:350:43:39

I have no more questions, my lord.

0:43:410:43:42

Mrs Tarling...

0:43:440:43:48

-do you remember the account of this you gave to the magistrate?

-I do.

0:43:480:43:52

Do you remember that you swore it?

0:43:520:43:54

I do.

0:43:540:43:56

I've just heard you tell my learned friend the prisoner gave you no answer.

0:43:560:44:01

-Is that the end of what passed between you?

-I cannot recall.

0:44:010:44:05

You say you asked her how she could destroy the poor creature and she gave you no answer.

0:44:050:44:10

I put it to you that you then asked her why she did so.

0:44:130:44:17

-That may be so.

-Please try to recall what you have already sworn to.

0:44:170:44:21

I think I asked her if...

0:44:220:44:25

if she destroyed it to prevent its crying.

0:44:250:44:29

You asked her if she destroyed it to prevent its crying, yes or no?

0:44:290:44:33

-Yes, I did, sir.

-And how did the prisoner respond?

0:44:330:44:36

-I cannot recall.

-Please try!

-I cannot.

0:44:360:44:39

That this young woman may be executed in consequence of your evidence, would you not venture to recall?!

0:44:390:44:44

-My lord, this is very rough!

-Why do you tremble so?

0:44:440:44:46

-This is an onerous occasion.

-Yes, my client's life is at stake!

0:44:460:44:51

Now would you please recall what you swore in front of the magistrate?

0:44:510:44:55

-Or is the truth now too inconvenient to own?

-No.

-Good.

0:44:550:44:59

Please look at the jury as you do so.

0:44:590:45:01

Very well.

0:45:030:45:05

She said...

0:45:060:45:08

it did not cry.

0:45:080:45:11

It never cried.

0:45:110:45:14

It did not cry.

0:45:210:45:23

It never cried.

0:45:230:45:26

It had no breath to cry.

0:45:260:45:29

It was still and silent and unmoving.

0:45:290:45:33

It was dead when it was born.

0:45:330:45:35

-Court shall adjourn for lunch.

-Court shall rise.

0:45:350:45:39

My lord, I have not finished cross-examining the witness.

0:45:390:45:41

It is MY court Mr Garrow and I shall determine the fate of my lamb chops

0:45:410:45:46

as ruthlessly as I determine the law here.

0:45:460:45:49

Sometimes a mouth must simply allow chewing as its function.

0:45:560:46:00

The prisoner used to speak to clear himself or hang himself.

0:46:060:46:10

Now the prisoner is silent, we have the eloquent hectoring of Mr Garrow.

0:46:100:46:15

-In a cause not his own.

-Judge, it may not be his cause

0:46:150:46:19

but surely the defence of the accused is progress and therefore some improvement?

0:46:190:46:23

Improvement, madam? How can it be improvement in my own court, where I play a lesser part?

0:46:230:46:30

Am I merely there to temper Mr Garrow's reign of terror?

0:46:310:46:35

I shall have to put out my leg to trip up the coming of these lawyers, or I will be trampled underfoot!

0:46:350:46:41

POLITE LAUGHTER

0:46:410:46:44

Doctor, after you made examination of the child,

0:46:510:46:55

would your opinion be that it was alive or dead

0:46:550:46:58

-at the time the wound to the throat was inflicted?

-Oh, alive.

0:46:580:47:02

In wounds made on a living subject, the edges are red and turned out

0:47:020:47:06

and there are little spots of coagulated blood

0:47:060:47:10

from the extremities of the blood vessels.

0:47:100:47:12

Now that would be caused by the coagulation of blood before death.

0:47:120:47:17

-Did you open the body of the child?

-I did.

0:47:170:47:19

It was the body of a full-grown, mature, healthy child.

0:47:190:47:23

The lungs were fully inflated which would not have been the case

0:47:230:47:26

had not the child breathed for some little time.

0:47:260:47:29

In other words, the child had been alive when it was cut with the knife.

0:47:290:47:34

That is so.

0:47:340:47:36

Poor little wretch.

0:47:360:47:37

SHOTS AND MURMURS FROM COURT

0:47:370:47:40

-Circulation continues after death, does it not?

-Yes.

0:47:450:47:49

So those appearances that you spoke of could equally occur after death?

0:47:490:47:52

I should say not. Unless...a very few minutes after death possibly.

0:47:520:47:58

My experience has not been such.

0:47:580:48:01

-And I understand the test to which you subjected the lungs is called the hydrostatic test?

-Yes.

0:48:010:48:06

-And you have read Beck and Taylor's work on medical jurisprudence?

-High authorities on that subject.

0:48:060:48:11

Indeed they are. Well, you will tell me whether you subscribe to this doctrine of Professor Taylor.

0:48:110:48:19

"The hydrostatic test is no more capable of showing that a child has been born alive

0:48:190:48:23

"than it is of proving whether it has been murdered or died of natural causes."

0:48:230:48:28

In other words, the exercise is worthless is it not?

0:48:280:48:30

My own experience tells me...

0:48:300:48:32

The high authority on this subject is incorrect?

0:48:320:48:36

I have never before engaged professionally on an inquiry of this nature.

0:48:410:48:48

-Oh, really, then you are some kind of beginner? Your experience doesn't mean much.

-Mr Garrow?

0:48:480:48:53

If you have the work of Professor Taylor alongside you,

0:48:530:48:57

may I suggest you read out the relevant excerpt in court.

0:48:570:49:00

Yes, your honour.

0:49:040:49:06

Who is this man? Is this man an attorney?

0:49:130:49:16

Junior counsel, my lord.

0:49:160:49:18

"The majority of those who have made experiments upon this subject have only pretended to show,

0:49:250:49:31

"by the use of this and other tests, whether or not a child has breathed."

0:49:310:49:35

Is that you, sir? Conducting unreliable experiments?

0:49:350:49:39

Pronouncing solemnly on scientific advancements that actually advance nothing?

0:49:390:49:43

The child breathed with some force - it was a vital act.

0:49:430:49:47

And how would it have breathed with a cord around its neck?

0:49:470:49:50

Enough for the lungs to inflate!

0:49:500:49:52

Dear me, sir, how your lungs inflate.

0:49:520:49:55

LAUGHTER

0:49:550:49:58

-Do you recognise these, Mr Herring?

-Yes.

0:50:080:50:12

They're used in some deliveries.

0:50:120:50:13

They are used, are they not, in cases where the navel string,

0:50:130:50:18

the umbilical cord, is twisted around the neck of the child.

0:50:180:50:22

-I believe so.

-You believe so?

-I have not used them.

0:50:220:50:25

I believe the process of cutting the cord in such circumstances is considered so hazardous

0:50:250:50:31

that this peculiar pair of scissors is manufactured for the purpose, is it not?

0:50:310:50:36

To prevent, by accident, an incision in the throat of a child?

0:50:360:50:41

Mr Garrow...

0:50:410:50:42

-I have never cut the cord from a child's neck.

-From design?

0:50:460:50:49

I have never had the experience of such an event.

0:50:490:50:52

Really? Oh, dear, oh, dear.

0:50:520:50:54

-Precisely how many children have you delivered?

-Several.

0:50:540:50:58

-A dozen or...

-Well, one or the other, Mr Herring.

0:50:580:51:01

It is not my specialism.

0:51:010:51:03

Poor fellow, you are without the necessary competence again.

0:51:030:51:06

-My lord, this is bullying.

-Curb your tongue, Mr Garrow.

0:51:060:51:10

Yes, your honour.

0:51:100:51:12

Despite your lack of expertise,

0:51:120:51:15

you do acknowledge that cutting the cord from a child's neck

0:51:150:51:19

-may cause an incision there.

-It's a possibility.

0:51:190:51:22

Very well.

0:51:230:51:26

Can you not say...

0:51:260:51:29

that a female in such circumstances as unassisted labour may,

0:51:290:51:33

from pain and anxiety,

0:51:330:51:35

become deprived of all judgment,

0:51:350:51:38

cause an incision by accident in the throat of a child?

0:51:380:51:42

A child who was fatally compromised by the cord around its neck...

0:51:420:51:47

and therefore dead

0:51:470:51:50

and from whom this poor mother was naturally anxious to remove herself?

0:51:500:51:55

My lord, my learned friend is addressing the jury.

0:51:550:51:59

My lord, I'm merely looking their way.

0:51:590:52:01

You may not address them with your mouth or your eyes.

0:52:010:52:04

-I know the limitations of my defence.

-As do I!

0:52:040:52:07

Perhaps you would like the witness to provide an answer to your...speech.

0:52:080:52:13

-It is my fervent wish.

-Then put it to him more succinctly.

0:52:130:52:16

I put it to you, Mr Herring,

0:52:190:52:21

that the wound to the child's throat was not a mark of violence at all

0:52:210:52:25

but a sad sign of desperation.

0:52:250:52:28

She cut her offspring's neck because she did not know what she was doing.

0:52:280:52:33

-It may be so.

-HUBBUB IN COURT

0:52:390:52:42

Court will adjourn for a short time.

0:52:460:52:49

Court shall rise.

0:52:490:52:51

I was earlier detained by some doubtful lamp chops and I fear they may detain me again.

0:52:540:52:59

-You think it goes well, Mr Southouse?

-I think we head towards acquittal.

0:53:090:53:14

-The judge is determined that you shall lose.

-How so?

0:53:140:53:18

In the way he will direct the jury.

0:53:180:53:20

What can be done, Mr Southouse?

0:53:250:53:27

If he is determined, there is nothing to be done.

0:53:270:53:29

Will?

0:53:330:53:34

Court shall rise.

0:53:400:53:41

I cannot address the jury directly so the court must hear your voice.

0:53:430:53:48

-What do I say?

-How you did defend yourself to me in Newgate.

0:53:480:53:52

Remember how you were in Newgate.

0:53:520:53:54

-Mr Silvester.

-My lord?

-Do you wish to call any more witnesses?

-None.

0:53:540:53:59

-Mr Garrow, any witnesses as to the defendant's character?

-None, my lord.

0:53:590:54:04

Very well.

0:54:050:54:07

Sir...

0:54:070:54:10

if I may...

0:54:100:54:12

I could not own to the pregnancy

0:54:190:54:21

because I could not bear it to be true.

0:54:210:54:24

But I held...

0:54:260:54:28

..I held my child in the cellar

0:54:300:54:34

as its flesh grew colder and colder...

0:54:340:54:38

..until I grew cold next to her.

0:54:390:54:42

I did not sleep that night.

0:54:440:54:47

I did not wash her blood from me. I would not.

0:54:470:54:51

It was also my blood.

0:54:510:54:53

My baby did not suffer in life.

0:54:550:54:59

My baby was born at peace.

0:54:590:55:02

The single question here is whether the mother has proved that the infant was born dead.

0:55:130:55:20

I draw your attention to grievous wounds at the child's throat.

0:55:200:55:23

I draw your attention to the fact the young woman had provided no things for the child -

0:55:230:55:30

no clothing, no linen.

0:55:300:55:32

It suggests that she was in no way prepared

0:55:320:55:36

for the arrival of the child, had no intention of keeping it.

0:55:360:55:41

To be sure, there is evidence to convict of the crime of wilful murder.

0:55:410:55:46

You will confer and reach a verdict.

0:55:460:55:51

JURY CONFERS IN WHISPERS

0:55:530:55:56

-You have reached a verdict?

-We have.

0:56:140:56:17

How do you find the prisoner charged with this indictment? Guilty or not guilty?

0:56:170:56:21

Not guilty. HUBBUB IN COURT

0:56:210:56:24

The prisoner is free to go.

0:56:300:56:33

You think I play the law as a game for gentlemen.

0:56:440:56:47

You're not wrong.

0:56:470:56:49

But now, sir, you will find me in earnest.

0:56:490:56:52

Mr Garrow, you are also free to go,

0:57:030:57:05

unless of course you intend to defend every prisoner here today?

0:57:050:57:09

Not today, my lord, but perhaps tomorrow.

0:57:090:57:13

Next prisoner!

0:57:170:57:20

I owe you my life, Mr Garrow.

0:57:230:57:25

It should not have been at stake. But you will thrive now.

0:57:250:57:28

-With a reference, I may have hope of some employment.

-Mr Southouse?

-Gladly.

0:57:280:57:34

Thank you...

0:57:350:57:38

Thank you, both.

0:57:380:57:41

Thank God you did not disappoint me.

0:57:510:57:54

And now perhaps by association with me, you will not be blackened further as a Newgate solicitor.

0:57:540:57:59

By association with you I may find some other trouble altogether.

0:57:590:58:02

I shall change the trial forever.

0:58:020:58:04

Then you shall make enemies, Mr Garrow.

0:58:040:58:08

I hope there shall be some who will favour me.

0:58:090:58:12

-Oh!

-WOMAN SCREAMS

0:58:310:58:33

I cannot do what is not in my heart.

0:58:330:58:35

You were called to the bar - they do not announce your heart there!

0:58:350:58:38

That man is the monster! He is the monster that did attack me!

0:58:380:58:41

You no longer find favour with the public gallery, Mr Garrow.

0:58:410:58:46

I would happily lay hands on you, Rawlings!

0:58:460:58:48

Madam, your agitation seems to occur at the most convenient time!

0:58:480:58:52

Subtitles by Red Bee Media Ltd 2009

0:59:130:59:17

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0:59:170:59:21

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