Episode 4 Garrow's Law


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William!

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The duel, it was over Lady Sarah.

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Damn you!

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-Runners!

-You bitch!

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-Am I a cuckold?

-No, sir, you are not.

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

-Steady, Garrow, I could challenge you.

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-This is torment.

-For now, yes, but given time.

-William, there is no hope.

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You are ill-prepared...

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

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Filthy murderer! Poacher!

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You have trained me but you do not own me!

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If this association is no longer beneficial...

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Very well.

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

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in the parish of St Clement Danes,

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not having the fear of God before her eyes,

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

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on Francis Kotzwara - composer, musician -

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

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And that she,

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with use of a length of cord,

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valued one penny, did strangle and murder

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the said Francis Kotzwara.

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

-I did.

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

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

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Yes, sir.

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-And you refused?

-I did.

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

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He said...

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it would raise his passions.

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By which he intended...?

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My Lord, it was long observed true at Tyburn

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

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stretched and nerveless body

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the vital sparks were entirely extinguished.

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In those other areas and centrical

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and critical parts that Mr Kotzwara had in mind,

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the symptoms of life and vigour were...

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..expressly evident.

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The cock

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was upstanding?

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LAUGHTER

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My Lord, yes.

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

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

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He tied HIMSELF to the door handle.

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My Lord, this surely must reduce the indictment

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

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My Lord, how unsteady?

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-Meaning what by that?

-My Lord, I am mindful of the hour.

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

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Very well. Mr Silvester?

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Joseph?

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Joseph, do you hear me?

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-Mary, are the children well?

-They're fine, don't worry.

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

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-Did my letters not get to you?

-No!

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Come on. Out of the way.

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The petition for your release holds 1,500 names.

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Support stays strong from the North!

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Still no news of a date to face the court?

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Go on, that's enough!

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-I should not have put you through this Mary!

-They say

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our case must be put before the Prime Minister himself!

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The point of law is surely assistance

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

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

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and so culpability cannot be attached.

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-How may the prisoner not be culpable?

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

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

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And you have a second contention?

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

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catch the public's attention via the excitable press

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and encourage the depraved part of mankind

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from seeking similar... indecent stimulatives.

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And you would have me do what?

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

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My Lord, I trust you to remind

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

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Thank you, Mr Silvester.

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All records of the proceedings to be struck.

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

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The Crown versus Wagstaffe is dismissed.

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The accused is free to go.

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Am I to take this as fraud Mr Southouse?

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

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

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This bill states you as his procurer.

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It does. I was.

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-And as I have tried to explain...

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

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

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

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

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

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

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

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But that is my despair.

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

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You have my sincere sympathies.

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

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BABY GURGLES

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Sir? I owe you my life.

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-I thank you.

-I have my fee and you have your freedom.

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But I might give you such satisfaction with a screw.

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

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so I can eat?

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I will decline your extravagant offer.

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But perhaps this will suffice instead.

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Thank you, sir.

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Sir, this was not as it may seem.

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Of course not and we are both worldly men.

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Although she is more travelled than us.

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

-Please, I make sport of you.

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

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And why do you seek me out?

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

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

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

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Excellent.

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Then you must share in my good news.

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News, sir?

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Yes, I heard today from my wife.

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Sarah carries my child.

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William!

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Did you think I would despise you?

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

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

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to let me torment myself with all manner of speculation?

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

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I wonder - am I necessary to this conversation?

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Or will you play both parts?

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A child?

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

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

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Forgive me if...

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I led you to any false understanding.

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Leave him.

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SHE SCOFFS

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We are of common mind about this world and although

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I cannot offer all a man of his position can,

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

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This is a madness!

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Is it?

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Tell me you that you cannot imagine a life

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other than the one you have.

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

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-will love you for all that you are.

-For all that I am?

-Yes.

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

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Yes.

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Yes, truly yes.

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I cannot see this...

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this life that you paint for me.

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You are an unconvincing witness Sarah Hill.

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I am no witness. And this is no trial.

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You have my answer.

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BACKGROUND CHATTER AND LAUGHTER

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Mr Southouse?

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-Mr Garrow.

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

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I think that, if...

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

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the journey is largely mine to make.

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Largely?!

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Entirely mine to make.

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I feel an undoubted and dispiriting absence since our dispute.

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If I have tested your patience

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

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-it causes me regret.

-Regret?

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

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How far would you have me go?

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

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

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-Madam, are we familiar? Forgive me.

-You're Mr Garrow?

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-I am.

-Madam, I told you clearly...

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

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

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

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She came looking for you.

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

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< How can we say that we are free men

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when by Royal proclamation our letters may be seized?

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Spies sent to infiltrate our most innocent meetings,

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

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This woman's husband -

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for campaigning for what we all know is just.

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

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and a right to the protection of a secret ballot!

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

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

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

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Members of the London Corresponding Society,

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I have words from your secretary, my husband.

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

-Enough!

-..pro...

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

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--

-This is an outrage!

--

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

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-You can't do this!

-Benjamin Winthrop.

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-Edward Ironside.

->

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Samuel Cuff. Mary Hamer.

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What spy gave you these names?!

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That's enough!

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Take care, sir!

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Would you add your name to this list, sir?

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

-I will not!

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-Al that I ask...

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

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

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But I will do you no favour. However,

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to help Mary Hamer I will act according to my judgment

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as an attorney.

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

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

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Edward Ironside accused, what charge?

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Meeting as a society to break the peace.

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So charged.

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Robert Boddam,

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-what charge?

-Meeting as a society to break the peace.

-So charged.

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Mary Hamer, what charge?

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Intervention, sir, on behalf of Mary Hamer.

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Mr Southouse, what objection have you?

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That the charge cannot apply.

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This woman was present at the coffee house.

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

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And you contend what?

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

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-As was I.

-Hmm.

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Mary Hamer, are you a member of the society?

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No, sir, not signed.

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

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That will not be yours to decide.

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Mary Hamer dismissed.

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Next.

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-Charles Lynam. Lynam is a member, sir.

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

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On which grounds he is also entitled to be dismissed.

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

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-Mr Garrow.

-Mr Southouse.

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Mr Lynam, Mrs Hamer.

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It seems you have done well.

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Though I fear my performance will not fill the newspapers.

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

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

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Joseph, Joseph!

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Joseph, this is Mr Garrow.

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I have little faith in the law.

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

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I am resigned to what will come.

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

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

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Joseph, Mr Garrow's a fine barrister.

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

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

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as Prime Minister then I will show you some optimism.

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

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

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

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They fear you.

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

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He was tried in his absence for sedition.

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The prosecution had no need to rebut the arguments.

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The jury decided Paine guilty.

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

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Tried for sedition. Found guilty.

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The game, Mr Hamer, is tilted against us.

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And yet still you would take up my cause?

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I would.

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

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And are we two such souls?

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

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

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were first coined we did not face such modern perils

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

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

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

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But we must show a healthy caution.

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By us forcing through these laws that allow imprisonment

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without charge, will only bring us more trouble!

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Shall we have another show of hands, gentlemen?

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Against the recommendation of Parliament?

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Let the record show three against.

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And for?

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

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

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

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For.

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The recommendation is carried.

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Back for more punishment, Mr Sibley?

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

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Where do they take me?

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Is it the gallows?

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Oh, for pity's sake, tell me!

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Promise me you'll get word to my wife.

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Sirs, you must forgive my wretched appearance.

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You are here to answer questions relating to

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

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I know of no such plans, I make shoes!

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I see some of my best work in this room.

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And I see you, sir.

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

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You are here to answer, sir.

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

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-While the town of Manchester...

-Sir, be aware

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

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

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Here is a letter addressed to Thomas Paine...

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the radical,

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a convicted seditionary. You admit that you wrote it?

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

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

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And I ask you a famous question.

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By what lawful authority do you bring me here?

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God save! Who is this man?

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Joseph Hamer, madam. Take him out.

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-Sarah, it is not the moment for this.

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

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These desperate times call for serious deliberation.

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

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And not in support of this witch hunt?

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KNOCKING AT DOOR

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Charles?

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Tell me, I must know.

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Please?

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Joseph is to be charged and tried.

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Come.

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Forgive me,

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it's what we wanted.

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But now I fear what will come.

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What charge?

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That we will not know until the indictment is read.

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We expect either the publishing of libellous materials or sedition.

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-Sedition?

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

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We are well prepared, Mary.

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We will win.

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May I introduce my wife, Sir John?

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This is Sir John Scott, the Attorney General.

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Lady Sarah.

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I see you have the modern woman's habit.

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A romance perhaps?

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The Mysteries of Udolpho.

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A tale of castles and night horrors.

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

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Sir John is to lead the prosecution.

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Your opponent is Mr Garrow?

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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

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