Episode 4 Garrow's Law


Episode 4

Garrow wins the case of a prostitute accused of murdering her client. A desperate Mary Hamer arrives, begging for Garrow to defend her husband Joseph.


Similar Content

Browse content similar to Episode 4. Check below for episodes and series from the same categories and more!

Transcript


LineFromTo

William!

0:00:020:00:03

The duel, it was over Lady Sarah.

0:00:030:00:05

Damn you!

0:00:050:00:06

-Runners!

-You bitch!

0:00:060:00:09

-Am I a cuckold?

-No, sir, you are not.

0:00:090:00:12

-The way you shot at me marks you as a loathsome cad.

-Steady, Garrow, I could challenge you.

0:00:120:00:16

-This is torment.

-For now, yes, but given time.

-William, there is no hope.

0:00:160:00:21

You are ill-prepared...

0:00:210:00:23

Be reckless with your own life, not your client's.

0:00:230:00:25

Filthy murderer! Poacher!

0:00:250:00:28

You have trained me but you do not own me!

0:00:280:00:31

If this association is no longer beneficial...

0:00:310:00:33

Very well.

0:00:330:00:35

Susannah Wagstaffe is indicted for that she, on the 27th October,

0:01:300:01:35

in the parish of St Clement Danes,

0:01:350:01:38

not having the fear of God before her eyes,

0:01:380:01:41

but being moved and seduced by the instigation of the Devil,

0:01:410:01:45

on Francis Kotzwara - composer, musician -

0:01:450:01:48

feloniously, wilfully, and with malice, did make an assault.

0:01:480:01:53

And that she,

0:01:530:01:54

with use of a length of cord,

0:01:540:01:56

valued one penny, did strangle and murder

0:01:560:01:59

the said Francis Kotzwara.

0:01:590:02:01

-You bought brandy, porter, ham and beef with two shillings given you by Mr Kotzwara?

-I did.

0:02:040:02:09

You then returned with it to the back room at number five Vine Street?

0:02:090:02:14

And was it at this point that he asked you to cut off his member?

0:02:140:02:17

Yes, sir.

0:02:180:02:20

-And you refused?

-I did.

0:02:200:02:22

Mr Kotzwara then produced a length of cord and expressed the wish to be hanged for five minutes.

0:02:230:02:28

He said...

0:02:280:02:30

it would raise his passions.

0:02:300:02:32

By which he intended...?

0:02:320:02:35

My Lord, it was long observed true at Tyburn

0:02:350:02:37

that while in every other region of the hanged man's

0:02:370:02:40

stretched and nerveless body

0:02:400:02:41

the vital sparks were entirely extinguished.

0:02:410:02:44

In those other areas and centrical

0:02:440:02:47

and critical parts that Mr Kotzwara had in mind,

0:02:470:02:52

the symptoms of life and vigour were...

0:02:520:02:55

..expressly evident.

0:02:570:02:59

The cock

0:03:000:03:01

was upstanding?

0:03:010:03:04

LAUGHTER

0:03:040:03:06

My Lord, yes.

0:03:120:03:14

Were you then instructed by Mr Kotzwara on how to hang him?

0:03:140:03:18

No, he tied himself up to the back parlour door.

0:03:180:03:20

He tied HIMSELF to the door handle.

0:03:200:03:23

My Lord, this surely must reduce the indictment

0:03:230:03:25

which is already unsteady in its foundation, from murder to manslaughter?

0:03:250:03:29

My Lord, how unsteady?

0:03:290:03:31

-Meaning what by that?

-My Lord, I am mindful of the hour.

0:03:310:03:33

Perhaps a few moments in camera might hasten my Lord's dinner?

0:03:330:03:39

Very well. Mr Silvester?

0:03:390:03:41

Joseph?

0:03:490:03:50

Joseph, do you hear me?

0:03:500:03:51

-Mary, are the children well?

-They're fine, don't worry.

0:03:510:03:56

They kept it from me you were moved from the Tower!

0:03:560:03:59

-Did my letters not get to you?

-No!

0:03:590:04:01

Come on. Out of the way.

0:04:010:04:02

The petition for your release holds 1,500 names.

0:04:020:04:07

Support stays strong from the North!

0:04:070:04:08

Still no news of a date to face the court?

0:04:080:04:11

Go on, that's enough!

0:04:110:04:12

-I should not have put you through this Mary!

-They say

0:04:120:04:15

our case must be put before the Prime Minister himself!

0:04:150:04:18

The point of law is surely assistance

0:04:310:04:34

to suicide, itself a criminal act, must make this woman also culpable.

0:04:340:04:39

My Lord, this was a grossly immoral act, but suicide was not the intention

0:04:390:04:44

and so culpability cannot be attached.

0:04:440:04:46

-How may the prisoner not be culpable?

-No more than were I to sell Mr Silvester a horse

0:04:460:04:51

and he, seeking pleasure, jumps a ditch and breaks his neck. Where is my culpability?

0:04:510:04:55

And you have a second contention?

0:04:550:04:57

My Lord, I have a fear for the moral climate should this episode

0:04:570:05:02

catch the public's attention via the excitable press

0:05:020:05:07

and encourage the depraved part of mankind

0:05:070:05:10

from seeking similar... indecent stimulatives.

0:05:100:05:14

And you would have me do what?

0:05:150:05:17

I propose this charge be dismissed and suppression of this material.

0:05:190:05:24

My Lord, I trust you to remind

0:05:240:05:26

Mr Garrow he does not decide what is or is not a trial!

0:05:260:05:29

Thank you, Mr Silvester.

0:05:290:05:32

All records of the proceedings to be struck.

0:05:380:05:41

None to be reproduced whatsoever, that includes you, Mr Rawlings.

0:05:410:05:47

The Crown versus Wagstaffe is dismissed.

0:05:470:05:50

The accused is free to go.

0:05:500:05:53

Am I to take this as fraud Mr Southouse?

0:05:590:06:01

Or will your genius Mr Garrow stand up to his self-proclaimed reputation?

0:06:010:06:05

Madam, I cannot speak for Mr Garrow. We have, quite recently parted our...

0:06:050:06:09

This bill states you as his procurer.

0:06:090:06:12

It does. I was.

0:06:120:06:14

-And as I have tried to explain...

-Then why will you not show my trouble to him?

0:06:140:06:18

This great city is aflood with a thousand tales of innocence, madam.

0:06:180:06:21

At every turn, I hear fresh accounts of this or that desperate husband stealing to feed his family.

0:06:210:06:27

You do not listen, sir. My husband was dragged from his home and put in the Tower. Why?

0:06:270:06:34

For meeting with like-minded men to exercise his freedom to speak.

0:06:340:06:38

And now, without charge, they throw him in Newgate amongst common, unprincipled criminals.

0:06:380:06:43

In which case there is nothing I might do until your husband has charges against him.

0:06:430:06:48

But that is my despair.

0:06:480:06:50

Joseph is held in this limbo while his children starve and his business dies.

0:06:500:06:55

You have my sincere sympathies.

0:06:550:06:57

Truly. But until your husband stands before a judge there is nothing even the great Mr Garrow can do.

0:06:570:07:04

BABY GURGLES

0:07:040:07:07

Sir? I owe you my life.

0:07:290:07:32

-I thank you.

-I have my fee and you have your freedom.

0:07:320:07:36

But I might give you such satisfaction with a screw.

0:07:360:07:39

Sir, some small coin for a pleasure I might give,

0:07:390:07:43

so I can eat?

0:07:430:07:45

I will decline your extravagant offer.

0:07:450:07:47

But perhaps this will suffice instead.

0:07:470:07:50

Thank you, sir.

0:07:500:07:52

Sir, this was not as it may seem.

0:07:540:07:58

Of course not and we are both worldly men.

0:07:580:08:00

Although she is more travelled than us.

0:08:000:08:02

-What I mean to say she is my client, I'm not hers.

-Please, I make sport of you.

0:08:020:08:06

Mr Silvester already told me of your victory today and where I might find you.

0:08:060:08:11

And why do you seek me out?

0:08:110:08:13

Only to satisfy myself that there is no animosity between us.

0:08:130:08:18

Nothing grown out of our differences in politics that might overcome our commonalities as men.

0:08:180:08:23

Well, I hope not, certainly none on my part.

0:08:230:08:26

Excellent.

0:08:260:08:28

Then you must share in my good news.

0:08:280:08:30

News, sir?

0:08:300:08:31

Yes, I heard today from my wife.

0:08:310:08:33

Sarah carries my child.

0:08:350:08:38

William!

0:09:130:09:15

Did you think I would despise you?

0:09:150:09:17

Did you think that if you told me why my feelings for you could not be returned

0:09:180:09:22

that I would in some way think less of you, and instead thought it better

0:09:220:09:25

to let me torment myself with all manner of speculation?

0:09:250:09:28

You are determined to tell me what I thought and think.

0:09:280:09:32

I wonder - am I necessary to this conversation?

0:09:320:09:35

Or will you play both parts?

0:09:350:09:36

A child?

0:09:360:09:37

I must confess that this news, brought to me by your husband,

0:09:400:09:43

gave me an idea of your marriage other than you led me to believe.

0:09:430:09:46

Forgive me if...

0:09:480:09:50

I led you to any false understanding.

0:09:500:09:53

Leave him.

0:09:550:09:57

SHE SCOFFS

0:09:590:10:00

We are of common mind about this world and although

0:10:000:10:04

I cannot offer all a man of his position can,

0:10:040:10:08

we will be well together, we... we will begin anew.

0:10:080:10:12

This is a madness!

0:10:120:10:13

Is it?

0:10:130:10:15

Tell me you that you cannot imagine a life

0:10:150:10:18

other than the one you have.

0:10:180:10:20

With a man who sees you, and accepts you and...

0:10:200:10:24

-will love you for all that you are.

-For all that I am?

-Yes.

0:10:240:10:28

And will you play father to another man's child?

0:10:280:10:31

Yes.

0:10:310:10:33

Yes, truly yes.

0:10:330:10:36

I cannot see this...

0:10:360:10:39

this life that you paint for me.

0:10:390:10:41

You are an unconvincing witness Sarah Hill.

0:10:410:10:44

I am no witness. And this is no trial.

0:10:440:10:46

You have my answer.

0:10:480:10:50

BACKGROUND CHATTER AND LAUGHTER

0:11:140:11:17

Mr Southouse?

0:11:210:11:23

-Mr Garrow.

-Please! I feel that perhaps this meeting is a little fortunate.

0:11:230:11:26

I think that, if...

0:11:290:11:31

If there is a distance to make up between us...

0:11:310:11:34

the journey is largely mine to make.

0:11:340:11:36

Largely?!

0:11:360:11:37

Entirely mine to make.

0:11:380:11:40

I feel an undoubted and dispiriting absence since our dispute.

0:11:400:11:46

If I have tested your patience

0:11:460:11:49

by my enthusiasm for the irregular execution of my trade and of my life...

0:11:490:11:55

-it causes me regret.

-Regret?

0:11:560:11:59

That is as far as you will go on this journey?

0:11:590:12:01

How far would you have me go?

0:12:010:12:03

-Please, let us put it behind us...

-It's a great thing isn't it? To come and go as you please?

0:12:030:12:08

-Madam, are we familiar? Forgive me.

-You're Mr Garrow?

0:12:080:12:11

-I am.

-Madam, I told you clearly...

0:12:110:12:13

Don't let me prick at your conscience, sir.

0:12:130:12:15

Please, block your eyes and ears to the world beyond your privilege. Enjoy your leisure.

0:12:150:12:20

If one of us has lost their wits, please say it's not me.

0:12:240:12:27

She came looking for you.

0:12:270:12:29

I heard her out and told her there was nothing to be done. Her husband it seems.

0:12:290:12:33

< How can we say that we are free men

0:12:330:12:36

when by Royal proclamation our letters may be seized?

0:12:360:12:39

Spies sent to infiltrate our most innocent meetings,

0:12:390:12:42

when the King's government supports those who attack us in the press?

0:12:420:12:46

This woman's husband -

0:12:460:12:48

for campaigning for what we all know is just.

0:12:480:12:51

Votes - not only for the wealthy, a fair representation in Parliament,

0:12:510:12:55

and a right to the protection of a secret ballot!

0:12:550:12:58

I told the woman that, since we no longer work as attorney and barrister...

0:12:580:13:02

I've heard of this tale. Do they talk of Hamer? Joseph Hamer?

0:13:020:13:05

He did find himself arrested and imprisoned without charge these three months.

0:13:050:13:10

Members of the London Corresponding Society,

0:13:100:13:13

I have words from your secretary, my husband.

0:13:140:13:17

-The law demands a prisoner be brought before the court...

-Enough!

-..pro...

0:13:170:13:22

Enough! As messenger for the Secretary of State I call an end to this seditious assembly.

0:13:220:13:28

--

-This is an outrage!

--

-All these so named to be charged with breaking the peace.

0:13:280:13:32

-You can't do this!

-Benjamin Winthrop.

0:13:320:13:34

-Edward Ironside.

->

0:13:340:13:35

Samuel Cuff. Mary Hamer.

0:13:350:13:39

What spy gave you these names?!

0:13:390:13:41

That's enough!

0:13:410:13:43

Take care, sir!

0:13:430:13:44

Would you add your name to this list, sir?

0:13:440:13:47

-You have go to the magistrate and plead her case!

-I will not!

0:13:480:13:51

-Al that I ask...

-All that you ask is that I act as your puppet once more

0:13:510:13:55

and make a nuisance of myself such as will unfriend the magistrate.

0:13:550:13:58

But I will do you no favour. However,

0:13:580:14:01

to help Mary Hamer I will act according to my judgment

0:14:010:14:07

as an attorney.

0:14:070:14:09

And if you are sincere you will act against your nature,

0:14:090:14:13

recognise your limits and stay away until I have done it.

0:14:130:14:17

Edward Ironside accused, what charge?

0:14:290:14:31

Meeting as a society to break the peace.

0:14:310:14:33

So charged.

0:14:330:14:36

Robert Boddam,

0:14:360:14:38

-what charge?

-Meeting as a society to break the peace.

-So charged.

0:14:380:14:43

Mary Hamer, what charge?

0:14:430:14:45

Intervention, sir, on behalf of Mary Hamer.

0:14:450:14:48

Mr Southouse, what objection have you?

0:14:480:14:52

That the charge cannot apply.

0:14:520:14:55

This woman was present at the coffee house.

0:14:550:14:58

But Mary Hamer, the records will show, is not a member of the Corresponding Society.

0:14:580:15:03

And you contend what?

0:15:030:15:05

That she was no more than a bystander to this meeting.

0:15:050:15:09

-As was I.

-Hmm.

0:15:090:15:11

Mary Hamer, are you a member of the society?

0:15:110:15:15

No, sir, not signed.

0:15:150:15:18

But I will not be treated other than all these arrested.

0:15:180:15:21

That will not be yours to decide.

0:15:210:15:24

Mary Hamer dismissed.

0:15:260:15:28

Next.

0:15:290:15:31

-Charles Lynam. Lynam is a member, sir.

-He may be but his name I think is missing here.

0:15:310:15:37

On which grounds he is also entitled to be dismissed.

0:15:370:15:40

Mr Southouse, if you wish to play the barrister, I recommend the Bailey.

0:15:400:15:45

-Mr Garrow.

-Mr Southouse.

0:15:500:15:52

Mr Lynam, Mrs Hamer.

0:15:520:15:55

It seems you have done well.

0:15:550:15:57

Though I fear my performance will not fill the newspapers.

0:15:580:16:02

Here is proof an attorney works best when allowed to do his job.

0:16:020:16:06

And now I must do mine. Madam, we shall go to Newgate and speak with your husband.

0:16:080:16:12

Joseph, Joseph!

0:16:270:16:29

Joseph, this is Mr Garrow.

0:16:430:16:46

I have little faith in the law.

0:16:460:16:49

All I want from you is to give me the chance to say my piece in court.

0:16:490:16:53

I am resigned to what will come.

0:16:530:16:56

And I will be plain. If I let you speak your mind, you will put a noose around your own neck.

0:16:560:17:02

And I think your wife would prefer you a little less resigned.

0:17:020:17:05

Joseph, Mr Garrow's a fine barrister.

0:17:050:17:08

I have no doubt. But this is a matter of politics, not law.

0:17:080:17:13

If news comes that the King exiles his government and wants me

0:17:150:17:18

as Prime Minister then I will show you some optimism.

0:17:180:17:21

And I will be first in line to vote for you.

0:17:210:17:23

But be sure that my own optimism is not born out of ignorance.

0:17:230:17:27

You see your case Joseph, is played out in the shadow of the guillotine.

0:17:270:17:31

They fear you.

0:17:310:17:33

Tom Paine, the American revolutionary, published The Rights of Man.

0:17:350:17:40

He was tried in his absence for sedition.

0:17:400:17:42

The prosecution had no need to rebut the arguments.

0:17:420:17:46

The jury decided Paine guilty.

0:17:460:17:49

John Frost, when drunk was heard to cry out "Equality and no King".

0:17:490:17:53

Tried for sedition. Found guilty.

0:17:530:17:56

The game, Mr Hamer, is tilted against us.

0:17:560:18:00

And yet still you would take up my cause?

0:18:000:18:02

I would.

0:18:020:18:05

I feel that when two souls are of common mind, they should work together.

0:18:050:18:09

And are we two such souls?

0:18:090:18:11

I believe we are both fleas in the ear of the same horse.

0:18:110:18:16

Will you not accept that when the laws that we now examine

0:18:190:18:23

were first coined we did not face such modern perils

0:18:230:18:28

as we do now from the likes of Joseph Hamer, that threaten our security as a nation?

0:18:280:18:32

But Secretary of State, this idea that the looming threat almost upon us is surely old news?

0:18:320:18:40

I did find the Secretary of State's argument quite persuasive, sir.

0:18:400:18:43

But we must show a healthy caution.

0:18:430:18:46

By us forcing through these laws that allow imprisonment

0:18:460:18:50

without charge, will only bring us more trouble!

0:18:500:18:52

Shall we have another show of hands, gentlemen?

0:18:520:18:55

Against the recommendation of Parliament?

0:18:550:18:58

Let the record show three against.

0:19:020:19:05

And for?

0:19:050:19:07

I believe there is no option for abstention, Sir Arthur.

0:19:130:19:17

Recall, sir, that those for and against must be recorded

0:19:170:19:23

and that the names will be put before the Prime Minister.

0:19:230:19:26

For.

0:19:290:19:31

The recommendation is carried.

0:19:310:19:33

Back for more punishment, Mr Sibley?

0:19:400:19:42

I will give you the advantage of three pieces that...

0:19:420:19:45

Where do they take me?

0:19:470:19:49

Is it the gallows?

0:19:490:19:52

Oh, for pity's sake, tell me!

0:19:520:19:54

Promise me you'll get word to my wife.

0:19:540:19:56

Sirs, you must forgive my wretched appearance.

0:20:200:20:23

You are here to answer questions relating to

0:20:230:20:26

the London Corresponding Society, concerning anti-Parliamentary plans. Plans to bring down the King.

0:20:260:20:33

I know of no such plans, I make shoes!

0:20:330:20:37

I see some of my best work in this room.

0:20:370:20:42

And I see you, sir.

0:20:420:20:43

Are you not Member of Parliament of the rotten borough of Bramber, West Sussex?

0:20:430:20:48

You are here to answer, sir.

0:20:480:20:49

A borough of not three houses, yet it sends two members to Westminster.

0:20:490:20:53

-While the town of Manchester...

-Sir, be aware

0:20:530:20:56

that these are the men who will decide what charge you face.

0:20:560:20:59

The town of Manchester, home to above 60,000, cannot send one!

0:20:590:21:04

Here is a letter addressed to Thomas Paine...

0:21:040:21:08

the radical,

0:21:090:21:11

a convicted seditionary. You admit that you wrote it?

0:21:110:21:14

I wrote to Thomas Paine, the philosopher and man of principle.

0:21:140:21:19

I wish to ask about the proposed convention of members. A gathering of...

0:21:190:21:24

And I ask you a famous question.

0:21:240:21:26

By what lawful authority do you bring me here?

0:21:260:21:30

God save! Who is this man?

0:21:410:21:43

Joseph Hamer, madam. Take him out.

0:21:430:21:46

-Sarah, it is not the moment for this.

-You think I haven't read what's happening in the newspapers?

0:21:470:21:52

These desperate times call for serious deliberation.

0:21:520:21:55

Assure me that you have spoken on the side of reason?

0:21:550:21:59

And not in support of this witch hunt?

0:21:590:22:01

KNOCKING AT DOOR

0:22:100:22:12

Charles?

0:22:180:22:19

Tell me, I must know.

0:22:250:22:27

Please?

0:22:270:22:28

Joseph is to be charged and tried.

0:22:280:22:31

Come.

0:22:340:22:37

Forgive me,

0:22:370:22:39

it's what we wanted.

0:22:390:22:40

But now I fear what will come.

0:22:440:22:46

What charge?

0:22:460:22:48

That we will not know until the indictment is read.

0:22:480:22:51

We expect either the publishing of libellous materials or sedition.

0:22:510:22:56

-Sedition?

-Mr. Southouse, having spent hours in his books, has found nothing in its support.

0:22:560:23:02

We are well prepared, Mary.

0:23:020:23:04

We will win.

0:23:040:23:06

May I introduce my wife, Sir John?

0:23:220:23:25

This is Sir John Scott, the Attorney General.

0:23:280:23:31

Lady Sarah.

0:23:310:23:32

I see you have the modern woman's habit.

0:23:320:23:35

A romance perhaps?

0:23:350:23:37

The Mysteries of Udolpho.

0:23:370:23:39

A tale of castles and night horrors.

0:23:390:23:42

Although I do hope its content is not seditious, Sir John.

0:23:420:23:46

Sir John is to lead the prosecution.

0:23:460:23:49

Your opponent is Mr Garrow?

0:23:490:23:50

It is. I understand he has unorthodox methods,

0:23:500:23:55

but a fragile grip on the law.

0:23:550:23:58

But we must not keep this Billingsgate man waiting.

0:23:590:24:03

Lady Sarah.

0:24:030:24:05

-You would do well not to underestimate Mr Garrow.

->

0:24:070:24:10

He has a devilish skill in digging out a witness.

0:24:100:24:13

Sarah, I must have your assurance that you will be civil to our guests.

0:24:130:24:16

And I must have yours, that all of this is about principle and about the law.

0:24:160:24:22

It is a matter of politics.

0:24:220:24:24

It's just politics.

0:24:240:24:26

I trust you know that if you lose this, you will be reduced

0:24:440:24:48

to defending cattle thieves in the provinces?

0:24:480:24:51

-Here to witness my fall?

-To wish you luck.

0:24:510:24:54

I hear all the best legal minds are ranked against you.

0:24:560:24:59

It is appreciated.

0:25:010:25:02

As I said,

0:25:340:25:35

ALL the best legal minds.

0:25:350:25:38

Be upstanding in court.

0:25:460:25:48

The prisoner, Joseph Hamer,

0:25:550:25:58

being a subject of the King,

0:25:580:25:59

not having the fear of God in his heart,

0:25:590:26:02

but being moved and seduced by the instigation of the Devil

0:26:020:26:06

did contrive, in concert with other persons, to disturb the peace of the kingdom,

0:26:060:26:11

to subvert the Government, to depose the King by force of arms

0:26:110:26:16

and to put him to death.

0:26:160:26:19

The indictment records the charge against the prisoner to be High Treason.

0:26:190:26:24

< Treason?

0:26:240:26:25

Surely he can be hanged on that charge?

0:26:270:26:29

They will not get opportunity, Mary.

0:26:290:26:31

But a guilty verdict brings the noose does it not? He would be hanged.

0:26:310:26:35

Hanged, drawn and quartered.

0:26:350:26:39

Gentlemen of the jury, I will show here by evidence

0:26:420:26:48

that this man, and others with him,

0:26:480:26:52

did plot to undermine Parliament.

0:26:520:26:55

Did arm themselves to make that intention manifest.

0:26:550:27:01

And that the express aim was to extinguish the monarchy and declare this nation a republic!

0:27:010:27:07

I will describe

0:27:100:27:12

plans uncovered

0:27:120:27:15

to summon a great convention of its members. A convention that sought

0:27:150:27:22

by its number and its ferocity,

0:27:220:27:25

to overawe Parliament at the very moment it made its demands.

0:27:250:27:31

The threat

0:27:310:27:32

behind a refusal

0:27:320:27:34

to meet with these demands

0:27:340:27:38

was armed rebellion.

0:27:380:27:40

War against the King.

0:27:400:27:43

High Treason.

0:27:430:27:44

And the constitution is so interwoven with the state that they cannot be separated.

0:27:480:27:54

Once again the 25th act of Edward III states -

0:27:540:28:00

"To compass or imagine the death of the King

0:28:000:28:04

"is held to be rebellious conspiracy."

0:28:040:28:09

I also shall call upon many witnesses who were employed by Government

0:28:130:28:18

to infiltrate these so-called friendly societies.

0:28:180:28:24

So now we are a nation of spies?

0:28:240:28:27

JUDGE CLEARS HIS THROAT

0:28:270:28:29

The prisoner will keep his tongue.

0:28:290:28:31

These men were determined

0:28:320:28:35

to meet to plot the undermining of the authority of Parliament.

0:28:350:28:42

I have gone through this awful business as well as I am able.

0:28:420:28:48

I am grateful for the court's patience.

0:28:480:28:50

I trust you will now do that which is your duty.

0:28:500:28:56

Pronounce a guilty verdict.

0:28:580:29:01

God send the prisoner a good deliverance.

0:29:030:29:06

I expect that everyone in this court was with you, Mr Scott,

0:29:100:29:15

until they heard your argument. My Lord, gentlemen,

0:29:150:29:18

the law says that proof of treason must stand out, be established on manifest facts,

0:29:180:29:24

not conjecture, inferences, or strains of wit.

0:29:240:29:26

I swear I never saw a case in which

0:29:260:29:30

such complicated facts were drawn out as makes necessary a speech of three hours.

0:29:300:29:34

Three hours.

0:29:340:29:36

Does that not tell us a great truth?

0:29:360:29:38

That there was no treason.

0:29:380:29:40

Mr Garrow?

0:29:480:29:50

Does the defence have no more?

0:29:500:29:52

I ask only that we adjourn, if only from pity for the jury's backsides.

0:29:520:29:55

The court adjourns.

0:29:580:29:59

Court shall rise.

0:29:590:30:01

Are they so hungry to hang my husband they make up high treason? How do they call it that?

0:30:120:30:17

They reach back 400 years and twist a law to their particular use.

0:30:170:30:23

The prosecution wishes to call the planned convention an armed insurrection.

0:30:230:30:28

-There was no insurrection.

-But that will be their attack.

0:30:280:30:30

And we will build a case that will defeat it. No matter what they throw at us.

0:30:300:30:36

This letter is signed "to my dear friend, Joseph Hamer.

0:30:360:30:42

"Sincerity, Maurice Margarot."

0:30:420:30:47

A convicted seditionist.

0:30:470:30:49

As you will hear, it describes plans

0:30:510:30:54

for an assembly of thousands in Southwark -

0:30:540:30:58

across the bridge from Westminster.

0:30:580:31:02

-This is not true!

-Mr Garrow, you will have your client quiet.

0:31:020:31:05

-I will, my Lord, although I share his frustration.

-Or see him removed.

0:31:050:31:10

One document after another to be read out in full. Letters. Reports on meetings

0:31:100:31:14

-in coffee houses and taverns across London.

-The defence will have chance to argue when the prosecution has...

0:31:140:31:20

Each tells what Tom said to Dick on the subject of Harry.

0:31:200:31:22

Nowhere do I see connection made to the innocent at the bar.

0:31:220:31:25

Excepting he also has two legs and two arms.

0:31:250:31:28

LAUGHTER

0:31:280:31:30

I object to this material being read unless it can be shown Mr Hamer knew the content of it.

0:31:300:31:34

What is declared by conspirators is evidence against those that ARE present,

0:31:340:31:37

-as well as those that are not.

-My Lord, surely not or where will this end?

0:31:370:31:41

There are those in the gallery ready to give their view of this fine man. Is that not evidence?

0:31:410:31:46

The law is clear. I will educate the gentleman opposite if he wishes.

0:31:460:31:50

This morning's Times suggests Mr Scott was less than succinct in his presentation. Is that evidence?

0:31:500:31:55

Mr Garrow will have his fun. But it does not mask his ignorance of the law.

0:31:550:31:59

A failing his client may not live to regret.

0:31:590:32:02

If the law calls this material evidence, then it is the law that is ignorant.

0:32:020:32:07

I believe there is Mr Garrow's argument.

0:32:070:32:10

I ask my Lord to make a ruling on the matter.

0:32:100:32:13

-JUDGE:

-This letter and others like it shall stand as evidence.

0:32:140:32:19

Perhaps my Lord feels that six on the other side isn't enough. Perhaps he would add himself as one more?

0:32:190:32:23

Mr Garrow!

0:32:230:32:25

My Lord, I humble myself. My passions had the better of me.

0:32:260:32:29

It shall not happen again.

0:32:290:32:31

And at this meeting in Silk Street, Mr Thoroughgood,

0:32:370:32:42

a transcript of which we have heard,

0:32:420:32:44

item 19,

0:32:440:32:47

a proposal for the manufacture and distribution of arms was made by Mr Scotney of Snow Hill?

0:32:470:32:54

It was. I was also present when King's messengers searched the workshop of Mr Scotney.

0:32:540:33:00

And there were found some 15 pikes.

0:33:000:33:03

-And these 15 long pikes were hidden?

-They were.

0:33:030:33:09

No further questions.

0:33:110:33:14

Fifteen pikes. All the agencies of Government set to the task and what do they find?

0:33:140:33:19

Fifteen pikes.

0:33:190:33:21

-They are weapons.

-They are.

0:33:210:33:23

But weapons enough to defeat the whole of the King's army?

0:33:230:33:27

-Where are the rest?

-I believe more to be still hidden.

0:33:270:33:31

You believe! You must not believe anything, sir!

0:33:310:33:33

You overstep your part!

0:33:330:33:35

I fear this is more of Mr Scott's so-called evidence. Again I ask, where is the crime?

0:33:370:33:41

We lose ground. Garrow proves himself a dangerous creature.

0:33:490:33:53

But the case is still strong.

0:33:530:33:54

We must act to stop further damage.

0:33:540:33:57

I believe the verdict can yet be won.

0:33:570:33:59

By Sir John Scott? I think not.

0:33:590:34:01

We must do what is necessary to keep our support.

0:34:010:34:04

Sir John! Another fine performance in court today!

0:34:040:34:06

Thank you. It goes well, I think.

0:34:060:34:09

When father comes home again, he'll want to know you were both good children.

0:34:120:34:16

POUNDING ON DOOR

0:34:220:34:24

-I have authority to search this place.

-What?

0:34:290:34:31

Why are you doing this?

0:34:310:34:33

-No! Not the children!

-Do not obstruct my men in their duties.

0:34:330:34:37

BABY CRIES

0:34:370:34:39

Why are you doing this?

0:34:460:34:47

Why?

0:34:480:34:50

Whatever it is you think you're going to find...

0:34:520:34:55

It is this!

0:34:550:34:57

The message was just that we meet them here.

0:35:010:35:03

And that they wish to discuss a matter.

0:35:030:35:07

Is it too much to speculate that Mr Scott intends a surrender?

0:35:090:35:13

Sirs.

0:35:170:35:19

There's been a development.

0:35:190:35:23

Prompted by new-gained intelligence, the Secretary of State ordered

0:35:230:35:27

Joseph Hamer's home searched once more.

0:35:270:35:30

A bill of sale for 100 muskets was found.

0:35:300:35:34

A witness, William Oakes, has come forward to testify that he sold 100 muskets to Mr Hamer.

0:35:340:35:43

And that they lie stored in a warehouse in Cheapside.

0:35:430:35:47

You no longer mock me, Mr Garrow, now your case is holed beneath the water line.

0:35:490:35:57

But the King has no intention in hanging every member of the London Corresponding Society.

0:35:570:36:04

Instruct your client to change his plea to guilty.

0:36:040:36:08

If he does that he will hang, and the rest of the Corresponding Society committee facing trial

0:36:080:36:14

will also hang if found guilty.

0:36:140:36:16

But a further 800 men on whom warrants have already been drawn up will face only charges of sedition.

0:36:160:36:25

And not high treason.

0:36:250:36:27

If found guilty, they will not hang.

0:36:270:36:31

Joseph Hamer cannot save himself, but he may save his army of followers.

0:36:310:36:37

Advise your client.

0:36:390:36:40

One hundred muskets? And you think I would have kept such a thing from you, if it were true?

0:36:480:36:52

-You say it's false?

-More than false - treacherous!

0:36:520:36:56

-A witness will swear to the sale of 100 muskets.

-You think then beyond manufacture of this witness?

0:36:560:37:01

Both Mary and Charles Lynam saw the bill of sale retrieved from the strongbox.

0:37:010:37:04

How can you ask me to do this?

0:37:090:37:11

If I change my plea to guilty, they will have beaten us by duplicity.

0:37:110:37:15

I did not come for that. I came to know the truth of your Society's intentions.

0:37:150:37:20

To know whether or not there was a plan.

0:37:200:37:22

Makeshift or not, theoretic or not, absurd or not,

0:37:220:37:26

-to arm yourself against the King and the King's Parliament.

-None!

0:37:260:37:30

-Beyond any doubt that a jury might be made to swallow.

-None.

0:37:300:37:35

The lives of many men are at stake here, Joseph.

0:37:350:37:39

More than that, sir! There is more at stake than that.

0:37:390:37:43

And I hear the fellow Washington's been elected Mr President a second time.

0:37:430:37:48

100% of the vote. All 13 states.

0:37:480:37:51

Something crooked there, eh?

0:37:510:37:55

I understand he declined the salary came with it. Some 20,000?

0:37:550:38:00

-Which makes him a crook and a fool.

-But did accept it when pressed.

0:38:000:38:05

There you have it, the man's a crook, a fool and a hypocrite!

0:38:050:38:08

I must say, gentlemen, I'm surprised to find you all in such high spirits.

0:38:100:38:14

I understand the press don't share your optimism for the outcome of this trial.

0:38:140:38:18

Madam, the press will sell you half of the story as if it were the whole tale. That is their trade.

0:38:180:38:25

And the whole story is what?

0:38:250:38:27

Oh, I'm afraid even our hostess will have to wait for that.

0:38:270:38:31

Until it comes out in court tomorrow.

0:38:310:38:34

And not even then.

0:38:340:38:36

Your husband makes comment on the difficulty of knowing the whole truth

0:38:380:38:42

in the heart of a man like Joseph Hamer.

0:38:420:38:45

-Fine bird, Hill.

-Indeed.

-Delicious.

0:38:540:38:58

Thank you.

0:38:590:39:01

One hundred muskets?

0:39:010:39:03

I tell you that because of another thing passed to me by Scott and Silvester.

0:39:030:39:08

Help me with this and you'll have the full account of the trial for your paper.

0:39:090:39:13

-In your own words?

-In my own words.

0:39:130:39:16

Agreed.

0:39:160:39:17

There are warrants already made out on 800 men, named as treasonous citizens.

0:39:170:39:25

-Eight hundred?

-The warrants will be exercised if Hamer is found guilty.

0:39:250:39:29

-I need to know who those citizens are.

-I have sources in Parliament who might help.

0:39:290:39:33

Drink when the errand is done. I need those names now!

0:39:330:39:36

How long will this continue?

0:39:400:39:43

If you will not speak to me, at least I should be allowed to know why!

0:39:480:39:52

-As you husband, I demand that you talk to me!

-I will not speak with you

0:39:580:40:02

until you decide you will deal with me honestly!

0:40:020:40:05

Honestly on what matter?

0:40:050:40:08

There is intrigue surrounding the trial of Joseph Hamer. And it has been manufactured in this house.

0:40:080:40:14

-I cannot discuss that.

-Please?

0:40:140:40:15

I know your part in this is poisoning you. Tell me of it.

0:40:170:40:21

What have you to gain from affecting this trial?

0:40:230:40:26

Is it to injure William Garrow?

0:40:280:40:30

To hell with Garrow.

0:40:300:40:32

-All roads do not lead to his door.

-Then what?

0:40:320:40:35

Everything that I have built, I stand to lose if men like Joseph Hamer get their way.

0:40:370:40:42

They would reform the boroughs. I would lose my seat, my influence.

0:40:420:40:46

Arthur, what have you done?

0:40:460:40:48

-Even if I tried, I could not stop them.

-Please, please tell me.

0:40:500:40:54

I am in danger of losing...

0:40:560:40:59

all I have.

0:41:010:41:04

You are in danger of losing your wife.

0:41:040:41:07

We will not change our plea.

0:41:110:41:12

Our aim is to control the damage this new evidence will cause.

0:41:120:41:15

And what of the witness Oakes who claimed he sold Hamer muskets?

0:41:150:41:19

We will undermine his testimony. Do all we can to support the character of Joseph Hamer.

0:41:190:41:23

We will call witnesses, Mr Lynam among them.

0:41:230:41:25

We'll say again and again that armed uprising was never in his mind.

0:41:250:41:29

Tell the court, Mr Oakes, when you met the prisoner Joseph Hamer on that day,

0:41:290:41:38

it was to complete a transaction.

0:41:380:41:40

A sale of goods.

0:41:440:41:47

Tell us...

0:41:470:41:49

what goods?

0:41:490:41:51

A sale of muskets, sir.

0:41:510:41:53

MURMURING

0:41:530:41:55

A hundred muskets.

0:41:550:41:58

All of this is lies!

0:41:580:42:01

SHOUTING

0:42:010:42:03

-No more questions.

-BANGS GAVEL

0:42:060:42:09

Mr Oakes,

0:42:100:42:13

did Mr Hamer's wife or any of his friends

0:42:130:42:15

ever meet you over the course of your supposed business with him?

0:42:150:42:18

They did not. Mr Hamer made particular point as I should not,

0:42:180:42:22

and that the business should be of a secret nature.

0:42:220:42:25

So, we are to take your word against Mr Hamer's that this business happened at all.

0:42:270:42:32

The bill of sale lies there for all to see, sir.

0:42:320:42:35

No further questions.

0:42:370:42:39

-And did you, Mr Lynam, in all the time spent with Joseph Hamer, ever see him strike a man?

-I did not.

0:42:490:42:56

Threaten to strike someone?

0:42:560:42:59

Or propose violence of any kind?

0:42:590:43:00

No.

0:43:000:43:02

Were you present at every meeting of the London Corresponding Society?

0:43:090:43:15

-Not all.

-So you cannot say that the arming of the Society was not discussed, can you?

0:43:150:43:22

-The only discussions were the self-defence of the members.

-So! The Society did discuss weapons?

0:43:220:43:30

By which I mean the 15 pikes already spoken of. There's such an example.

0:43:310:43:36

I will leave the court to wonder how many other muskets, pikes and such examples were gathered.

0:43:360:43:45

Mr Lynam!

0:43:520:43:54

This self-defence you spoke of?

0:43:540:43:58

Was it a defence against those violent groups who made it a habit

0:43:580:44:03

-to disrupt the peaceable meetings of the Society?

-Yes, exactly.

0:44:030:44:06

There was a lot of anger amongst the members on that count.

0:44:060:44:09

But not anger sufficient to change the law-abiding nature of the Society?

0:44:090:44:14

No, sir.

0:44:140:44:15

-My Lord, with your indulgence...

-Yes, yes, yes!

0:44:210:44:25

Mr Garrow!

0:44:490:44:50

Mr Lynam, we have heard much of a bill of sale found in Joseph Hamer's home.

0:45:030:45:07

Yes?

0:45:070:45:10

How do you imagine the Secretary of State's men knew where to find it?

0:45:100:45:14

Well, I don't know. They seemed to search all of the room.

0:45:140:45:18

And yet within two minutes

0:45:180:45:21

they came upon a hidden strong box - why was that?

0:45:210:45:24

The answer to this vexing question comes in three parts, does it not?

0:45:270:45:34

Firstly, that Mr Oakes, the salesman witness, is a fraud - a paid witness.

0:45:350:45:40

My lord!

0:45:400:45:42

And secondly, the bill of sale is also a fake, isn't it, Mr Lynam?

0:45:420:45:46

My Lord, I hope we are going to hear testimony to support this nonsense!

0:45:460:45:51

And finally, that the man who planted it in Joseph Hamer's home

0:45:510:45:54

was a spy working in the employ of the Government.

0:45:540:45:58

The spy,

0:45:580:46:00

claiming to be Joseph Hamer's true friend.

0:46:000:46:04

But betrayed him.

0:46:040:46:07

That man is you, Charles Lynam.

0:46:090:46:11

SHOUTING

0:46:110:46:13

No, Charles! Not you.

0:46:130:46:15

-I call an adjournment!

-Court shall rise.

0:46:180:46:21

Judas! Judas!

0:46:270:46:30

Lady Sarah.

0:46:430:46:45

I find I am indebted to you...again.

0:46:550:46:58

You need not thank me, Will. We wish the same outcome.

0:46:580:47:03

But you cannot be so outspoken?

0:47:050:47:08

Not in all my passions, no.

0:47:080:47:10

But I can at least act on them.

0:47:100:47:13

Well, for Joseph Hamer, it is his good fortune.

0:47:130:47:17

I have followed your career with immense interest, Mr Garrow.

0:47:540:48:00

I'm pleased we meet finally without the bench between us.

0:48:000:48:04

My Lord.

0:48:040:48:06

Your many sharp-witted performances, your obvious hunger for reforms.

0:48:060:48:10

-All have brought you deserved acclaim.

-Thank you, sir.

0:48:100:48:13

As Secretary of State for the Home Division, I have want of a robust judiciary.

0:48:130:48:20

-I have a post in mind for you, Mr Garrow.

-I enjoy my current position quite well, sir. Thank you.

0:48:200:48:25

Enjoy the constraints placed upon you?

0:48:250:48:29

For the first time, and only in this trial, you are permitted to address the jury.

0:48:290:48:33

Does that not give you appetite for more?

0:48:330:48:35

It is the rule for a barrister such as myself.

0:48:350:48:38

Would you not prefer King's Counsel?

0:48:380:48:41

On the side of the prosecution?

0:48:410:48:45

I fear you think yourself dreaming. Pinch me.

0:48:450:48:48

I am real, sir.

0:48:480:48:50

This sweetmeat I am offered.

0:48:510:48:53

What price am I to pay for it?

0:48:530:48:55

I will not desert my client and let him swing!

0:48:570:49:00

Please, do me some justice, William.

0:49:000:49:03

The jury will decide Mr Hamer's fate. The subject discussed is YOUR future.

0:49:030:49:09

And as King's Counsel, you would have the ear of the most powerful in Government.

0:49:090:49:14

None better placed to oversee reforms.

0:49:140:49:17

I appreciate you will have need to consider.

0:49:210:49:24

So I wait respectfully on your answer.

0:49:260:49:30

Yes, I will endeavour to arrange a meeting with the Prime Minister as early as possible.

0:49:500:49:56

Thank you, sir.

0:49:560:49:58

Lady Hill, Sir Arthur.

0:49:580:50:01

I was beginning to fear you might miss the final act.

0:50:010:50:04

We are intent on enjoying it together.

0:50:040:50:07

In spite of Mr Lynam's difficulties in court yesterday, I think we shall see Mr Garrow today possess his own.

0:50:070:50:15

-You mean, sir?

-I have offered Mr Garrow King's Counsel.

0:50:150:50:19

So, now we will see what a man might do for principle and what for glory.

0:50:190:50:24

And the witness, Mr Lynam, let us not forget,

0:50:340:50:41

was investigating high treason.

0:50:410:50:45

And Mr Lynam, like all the witnesses called, is a man of courage, of principle.

0:50:450:50:51

-A man...

-Who spies on his friends!

-A man who put the security of his country before his own safety!

0:50:510:50:59

Gentlemen...

0:51:040:51:07

now comes your judgement.

0:51:070:51:10

The object of every verdict is that the country sees public justice take its fair course.

0:51:100:51:20

I trust this task in your hands.

0:51:230:51:29

My Lords. Gentlemen of the jury.

0:51:380:51:41

Many say of this trial that Government oversteps its role in the lives of its citizens.

0:51:430:51:49

Mr Garrow?

0:52:090:52:11

Are you ill?

0:52:110:52:13

No. The answer is no.

0:52:200:52:23

I fear something sticks in my throat.

0:52:270:52:29

Mr Garrow?

0:52:380:52:39

Mr Garrow?

0:53:100:53:12

Are you revived?

0:53:120:53:15

I am, my Lord.

0:53:190:53:21

Gentlemen of the jury. When we speak of liberty, we speak of the liberty

0:53:220:53:27

of thought and speech and action that every Englishman was born with.

0:53:270:53:32

It is not a thing granted him by the King and his counsellors.

0:53:320:53:36

And not to be taken from him by those counsellors.

0:53:360:53:40

It must not be taken from him.

0:53:420:53:43

Beware the role that this trial will play in the history of our nation.

0:53:470:53:51

Be aware that if prosecution have their way,

0:53:510:53:53

each one of you will be seen as criminal first, citizen second.

0:53:530:53:57

Be aware that powers ceded to Government in times of fear are rarely removed from statute.

0:53:570:54:02

The power of the Government to arrest and imprison a man without charge.

0:54:020:54:08

This removal of his right to know what he is accused of,

0:54:080:54:12

if it achieves its aim today, be sure it will stay.

0:54:120:54:16

Be aware that if this imperfect trial finds this man guilty,

0:54:160:54:21

800 more will be given the same unjust treatment.

0:54:210:54:25

Eight hundred, whose names are on this list.

0:54:250:54:29

My Lord, I must object to this

0:54:290:54:31

-and demand Mr Garrow reveal where he obtained this secret document!

-It is of no matter, my Lord.

0:54:310:54:36

Although it is good fortune, for the Government and its secret committees,

0:54:390:54:43

that it fell into my safe hands.

0:54:430:54:44

Eight hundred warrants for the arrest of innocent men

0:54:460:54:50

assumed to be guilty.

0:54:500:54:53

Some of those named are in this court today.

0:54:530:54:56

I see names here of those in the public gallery.

0:54:580:55:00

Names of others on the lawyers' bench.

0:55:020:55:05

I even see my own name among them.

0:55:050:55:09

There is even the name of one sat before me in the jury.

0:55:090:55:13

Be aware

0:55:180:55:19

that if you send this man to the gallows today, you should be prepared to follow him tomorrow.

0:55:190:55:27

I trust in God you will give your verdict of acquittal for the prisoner.

0:55:270:55:31

Jurymen, consider your verdict.

0:55:400:55:43

-You have reached a verdict?

-We have.

0:56:110:56:14

How do you find the prisoner, guilty or not guilty?

0:56:140:56:18

-Not guilty.

-SHOUTING

0:56:180:56:22

My fellow Englishmen!

0:56:220:56:23

The prisoner must be discharged.

0:56:290:56:32

CHEERING

0:56:320:56:35

You wish to change the law?

0:57:240:57:26

Well, you have made a mortal enemy of the Attorney General, so there is some progress.

0:57:260:57:32

I no longer make an enemy of you, at least.

0:57:320:57:35

Of course not.

0:57:350:57:37

I fear you shall find trouble enough.

0:57:370:57:41

WE shall find it, Mr Southouse.

0:57:410:57:44

We.

0:57:440:57:45

Subtitles by Red Bee Media Ltd

0:58:030:58:06

E-mail [email protected]

0:58:060:58:10

William Garrow continues to defend the victms of rough justice when he wins the case of a prostitute accused of murdering a client.

Garrow and Southouse's association is still strained until a desperate Mary Hamer arrives in Southouse's office, begging for Garrow to defend her husband. Joseph Hamer has been languishing in Newgate Prison without charge for many months after being arrested on suspicion of sedition.

Joseph's case is followed closely by the Secretary of State, Viscount Melville, and Sir Arthur Hill, who engineer charges of high treason against him.

Lady Sarah admits to a devastated Garrow that they have no future together. After learning of her husband's role in the plot against Joseph Hamer, she intervenes and the trial takes a surprising turn.


Download Subtitles

SRT

ASS