Episode 1 Garrow's Law


Episode 1

Drama set in the late 18th century. Pioneering barrister William Garrow returns to champion the rights of prisoners. Garrow risks his reputation to defend the indefensible.


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Transcript


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A writ for criminal conversation with the plaintiff's wife.

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He means to cut you off financially.

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Custody of Samuel shall reside with yourself...

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if you shall admit the child imposed upon your husband is the child of Mr Garrow.

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I would be broken because you had struck such a bargain!

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I will not sign what is not true.

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I believe I may have something that belongs to you.

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Keep it. You may need it.

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-You have bought me for a shilling.

-But at what cost to your life?

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GUNSHOT, BIRDS CRY OUT

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Morning.

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Garrow?

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BUZZ OF CONVERSATION

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HUBBUB FADES TO A HUSH

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Morning.

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I have not been smeared by Fleet Street or parodied by Grub Street.

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They will soon forget about it. You must hope.

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-Court in session!

->

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-Your credit's no good!

-Yes, sir.

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"Lady Sarah Hill has contracted diverse debts

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"and all shops and merchants are forbidden

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"from giving credit to her on her account."

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Issued by Sir Arthur as a public announcement.

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How civilised of the man not to bear a grudge(!)

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I would gladly starve for the one thing that would nourish me.

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Your son does not belong to you.

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Nothing belongs to you.

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Therefore, you must avail yourself of the charity of a third party...

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which you do.

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Will you ever approve of me, Mr Southouse?

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Duck eggs, samphire and...

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-Gourd.

-Gourd?

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It is...a form of marrow.

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It shall all make a very singular meal.

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-Did you not think to acquire some credit for me?

-I did forget.

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You did?

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How fares your credit?

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At the Old Bailey? I am bought in that place still.

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-I am as necessary as tea.

-Yet we can prevail and continue in this?

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Of course, if we can survive the gourd.

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I shall repel all callers.

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LOW MURMURS

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Be upstanding for the King!

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What's he doing?

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GASPING

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GUNSHOT, SHOUTING

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-Ugh!

-Kill him!

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COMMOTION AND SHOUTING

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You sirs, hold there!

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GASPING AND PANTING

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Who are you?

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My name is James Hadfield.

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And there is a great deal more and worst to come.

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MURMURING

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HOOVES CLATTER

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You will act for him and Mr Garrow to defend.

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Madam, your husband tried to kill the King.

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It is not an easy thing to defend.

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He is at Newgate. You will need no introduction from me.

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I do not understand your hurry.

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I must take my leave of you... and my husband also.

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What mean you?

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I hope that you and Mr Garrow will serve him well.

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I have loved this man so very dearly,

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but he is only sometimes the man I used to know,

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and it is for that man that I engage you. Thank you.

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Mrs Hadfield?

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I am not bound to defend an assassin merely because you pay me for it.

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Go to Newgate. You will not find a thwarted murderer, a martyr perhaps.

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A martyr to what, Mrs Hadfield?

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To his cause. And I beg that you save him from it.

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Your Highness, is this not the disease of the French Revolution

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transmitted to our shores?

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They execute their king

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and we must confront would-be assassins of our own?

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"The Rights Of Man",

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"A Vindication Of The Rights Of Woman".

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Hardly surprising that a pamphlet revolution begets a loaded gun.

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Your Highness, this is why this case must serve

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as a means of asserting the absolute authority of the Monarchy.

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And keep any Regency Bill at bay.

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And more, a salutary lesson to zealous Whigs,

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reformists and anyone who doubts the balance of our constitution.

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Which, in any case, should always weigh in favour of...order.

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ALL: Hear, hear.

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WATER DRIPS, METAL CLANKS

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RAIN PATTERS

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DISTORTED: ..Mr Hadfield...

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CHAINS CLANK

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MAN CLEARS THROAT, CHAINS CLANK ..Mr Hadfield...

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Mr Hadfield?

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Mr Hadfield?

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Mr Hadfield?

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WATER DRIPS, CHAINS CLANK

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Discharged from the Army, I came to London

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and made a living as a silversmith.

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But weary of life, I bought a pistol from a Mr Wakelin,

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borrowed a crown from Solomon Hougham

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-and bought some powder and cast some lead slugs...

-You were tired of life?

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I am as good a shot as any in England.

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I do not understand.

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I fired my pistol over the Royal box.

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You wished merely to be caught?

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I wish for death.

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To raise an alarm and then be set upon my fellow Englishmen

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who would beat me to death in their indignation,

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tear me apart with patriotic passion.

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But that did not happen, Mr Hadfield.

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Now I hope that my life shall be forfeited at the trial.

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I would still die but not by my own hands for suicide is a sin.

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You wish your existence destroyed?

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Mr Garrow, you understand what I am about.

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I cannot defend him. He does not want a defence.

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His wife did not identify his cause but I identify it now.

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His cause is his own death.

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A plan hatched by his madness.

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Therefore, he needs a defence from such lunacy.

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The law on madness as a defence requires total derangement,

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a continuous distemper of the mind. Hadfield has not such a condition.

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But he seeks oblivion.

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But half the time speaks in utter reason!

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I cannot defend him.

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The law on madness does not allow me.

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Allow you? Since when have you concerned yourself

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-with what you are allowed to do?

-True.

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But when I am required to defend the attempted assassination of the King,

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perhaps you will allow me a little circumspection.

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Think of the attention the light from this trial will generate.

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Unless you no longer have a heart for it.

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Unless your heart beats only for the life domestic.

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You would not wish me happy, Mr Southouse?

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Always. But most especially when you stand up at the Old Bailey.

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To turn a jury, to confront a liar. Unmake a bad law.

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But only when I am briefed by you?

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Invariably.

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I will own to a curiosity here. but there is yet more work to do.

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Then do not delay me.

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I would gladly prosecute anyone who would threaten the life of the King.

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Of course I do so as a patriot,

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not for any preferment that such a case might bring.

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In order to prosecute this trial, you will be made King's Counsel.

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One of his majesty's counsels learned in law. KC.

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You shall now have that membership.

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You make this appointment obviously on the basis of merit?

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And a seat on the judge's bench will beckon eventually.

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Especially if a trial such as this goes well.

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For such an appointment I would hang the man myself, Lord Melville.

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My own court.

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And in my court, a trial in which Garrow is appearing.

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I would sustain every objection made against him.

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I would direct a jury not to find for him.

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Oh God, I'd make his life hell.

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Impartially and in full accordance to the strictures of the law.

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This is a political trial, Mr Silvester,

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you will not simply denounce the man in the dock.

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You must let the people realise how close this country came to calamity.

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John Redknapp?

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Follow me.

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You are very careful, sir?

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My neighbour tried to kill the King of England.

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Do you think that spies would not be sent here?

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He is sometimes like a man not for me to be with.

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-He runs on, talking a whole heap of stuff.

-Stuff?

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As if his brain is unsettled - as if he's flurried in the head.

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Be more specific.

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He would fly from one argument to another.

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Talk of his relationship with God.

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I am sure we all examine our relationship with God.

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And do we all insist that we must die for him?

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I know he wishes to die

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but do you know why he wishes to be God's martyr in particular?

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You look for reasons from such a man?

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No! I look for unreason. I look to see what depths it may plumb.

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Then you would reacquaint yourself with his wife

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but she has fled and won't return.

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Yet she pays me to save him. For the man he was.

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Ah, but may never forgive him for the man he was that night.

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Redknapp witnessed Hadfield in a terrible rage. His wife screaming

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and fleeing in terror with their child.

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And still fleeing, obviously.

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But if we cannot find her, we have him still to unravel.

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He speaks wildly to his neighbour, he makes his wife fearful.

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He wishes his own death.

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You think there may not be a method in his madness?

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Then find it and he is exposed.

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And you are spared his defence.

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Do you know the whereabouts of your wife, sir?

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-I think her lost to me.

-And your son also?

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He is not yet two years old and may never recall me.

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If your wife knows of the trial,

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we must hope she will come forward as witness for you.

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Or I could ask Mr Southouse to venture to any address...

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She has frustrated God's work.

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By which you mean?

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She did prevent me from acting in obedience to the superior commands of heaven.

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She is not so devout a believer?

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He did not call upon her.

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-By which you mean, sir?

-I knew I was to be a martyr and persecuted,

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like my great master Jesus Christ.

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I shall have my trial, as Jesus did before he was crucified.

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This commission coming from where, Mr Hadfield?

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I am in constant contact with the Author of All Things.

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He has warned me that at the beginning of the 19th century,

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the world will perish unless I sacrifice myself for his salvation.

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I see.

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I see.

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If you are to play this part, sir, do you not think it requires

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something more in the way of an antic disposition, hm?

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Some more acting out?

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Suicide being a crime and a sin, I went to the theatre

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and shot towards the King in the hope that by my crime

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my life would otherwise be taken from me.

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As it is death I wish for, death I seek.

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For nothing but death will satisfy God, who calls me to his presence,

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where I shall witness his Second Coming as his true descendant and loyal son.

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Your words run together like a fervent prayer, sir,

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but I see no drool.

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No raving frenzy that will convince me.

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You mock me, sir? Is this all counterfeit?

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It is a solemn promise to God.

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You think to kill the King from some vile opinion

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and then feign that your mind is not your own.

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But a plea of insanity would require something more in the way

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of constancy of that condition. Do you understand?

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You are not a madman, sir.

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But a failed assassin who has the wits to try a defence.

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Then would I not wish its success?

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But I do not because I must be found guilty, Mr Garrow.

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Well then, plead so, sir! Plead so!

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You have no need of me! You have no need of a jury!

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Let the judge dispatch you.

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I loyally served my country in the 15th Light Dragoons

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and I will never plead guilty to treason.

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It was not my aim to kill the King

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and I will not be known in history as such a man.

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But you still wish a jury to find you guilty?

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-And so dispatch you?

-I'm sorry if I confound you.

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Sarah?

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Sarah?

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Samuel is not here, Sarah.

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Three months we have been in Europe.

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Was my absence not meant to quieten this...ridicule?!

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How do they draw you?

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Show me!

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Variously.

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Here...with my arse set on both sides of the Channel.

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And how do they write about me?

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As someone who has worshipped at the shrine of Venus.

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As a lover of variety.

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Well, there is not much variety to be had here in Bramber.

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I think you know they mean the beaux you've...

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..recruited to your cause.

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And you know I mean that we are a very long way from any theatre

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and from the tables at Brookes.

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Then promenade in Brighton!

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I cannot be in London. I cannot stoke their contemptuous attention.

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This may be your constituency but must it also be your exile?

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Well, it does seem so.

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Arthur...

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I care not for my disgrace

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and find ways to content myself despite it.

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You must either face down your reputation or rehabilitate it.

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If not, you will never come to anyone's attention.

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You are a very rare mistress.

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A bird of paradise cannot survive in Sussex.

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BABY CRIES

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Sound of a cuckoo.

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-Sir Arthur is in Bramber?

-Yes, m'lady.

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M'lady?

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I hope Bedlam can offer you enlightenment.

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This way, gentlemen.

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A place where muddled minds may find refuge and understanding

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and so might we.

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The incurables, gentlemen.

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A sorry spectacle, I'm sure you'll agree.

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And are inmates held communally?

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Ladies' ward and men's ward - where I reside.

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Mr Creighton's office is just here, gentlemen.

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Thank you, Vincent.

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Vincent. Resident of the men's ward, apparently.

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Vincent is enjoying a sunnier day than is usual.

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He can, in his darker moods, foam like Niagara,

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and has to be restrained with a jacket

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for the purpose to prevent the ebullitions of his anger.

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His anger must indeed be fierce. What occasions it?

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He thinks himself cheated of his fortune by a lawyer.

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We shall not broach that subject on the way out.

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James Hadfield is to be prosecuted

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for the attempted assassination of the King.

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Previous defences of insanity are based on the idea of men having a deprivation of reason,

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memory and understanding. The law requires it.

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Thank you. In other words, the accused has to be demonstrably mad.

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The mind stormed in its citadel, quite defeated by frenzy.

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Reason not merely disturbed but wholly driven from her seat.

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We do not defend such a man.

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And I have rarely experienced such a madness in men.

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So madness, as defined in law, is simply wrong?

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"I am but mad north/north-west but when the wind is southerly

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"I can tell a hawk from a handsaw".

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Hamlet telling Rosencrantz and Guildenstern

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that although he may act the part of a lunatic,

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he still has his wits about him.

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And often times the genuinely mad do also have their wits.

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Vincent, for instance?

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Yes. He is not today in the grip of his delusion.

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-Delusion?

-A false impression.

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Which sits alongside other views that are not false at all?

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Which are quite correct.

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And so ability is not proof of sanity?

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No. Delusions exist at the utmost state of ability.

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So a man may show proper sentiment in one instance

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and on another subject...

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The subject of his lunacy.

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Complete irrationality.

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I think we make progress.

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Our defence is not merely madness

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but setting about the understanding of madness!

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-Better described as a malady.

-Exactly.

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-It will put us in dangerous territory.

-What mean you?

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Have you not heard the King described as afflicted in that way?

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Then we are in very good company.

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-This cannot be!

-You think it so unnatural?

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I think it is beyond sense.

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Success is unlikely,

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the cost astronomical, and you do not possess the means.

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I have acquired the means, so issue the writ.

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-How did you acquire them?

-In a way that is right.

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-In a way that is legal?

-I will have my son.

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Does William know you intend this?

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Issue the writ, Mr Southouse.

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You think to save me?

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I think to save you from your madness.

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Madness?

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I behold a glorious calling, Mr Garrow. A life everlasting

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in the brilliance of God's countenance.

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And the countenance of your wife?

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You do not linger ever on that?

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The love that she has shown for you.

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I so do wish to see her.

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You do?

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In order that I may say goodbye.

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Before you embrace the greater glory of your sacrifice?

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I cannot ignore it.

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And I must do my duty

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and save you from yourself.

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There he is!

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CROWDS CLAMOUR

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The court shall rise.

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What madness lies abroad,

0:28:200:28:23

when our good King can be shot at in a public theatre?

0:28:230:28:26

MURMURS OF AGREEMENT

0:28:260:28:28

What atrocities lie in wait for us, when the Royal Box

0:28:280:28:32

of the Drury Lane theatre is assailed by gunshot

0:28:320:28:35

that has our monarch falling to his knees to escape his death?

0:28:350:28:39

CROWD SHOUTS IN AGREEMENT

0:28:390:28:43

And although we may give thanks that the King may live and thrive still,

0:28:430:28:46

society demands that this assassin be exposed in all his darkness.

0:28:460:28:52

SHOUTS OF AGREEMENT

0:28:520:28:54

If a man is completely deranged,

0:29:000:29:02

so that he does not know what he does nor its consequences,

0:29:020:29:06

is lost to all sense,

0:29:060:29:08

is incapable of distinguishing between good and evil,

0:29:080:29:11

then the mercy of our law says that he cannot be guilty of a crime.

0:29:110:29:15

Even one so monstrous

0:29:170:29:19

as the attempted murder of the King of England.

0:29:190:29:22

But I do not defend such a man.

0:29:240:29:26

He's not completely deranged.

0:29:270:29:29

He did know what he tried to do and he has not lost all sense.

0:29:290:29:33

According to our law, my client is guilty

0:29:330:29:37

because he is not mad enough,

0:29:370:29:38

he is not demonstrably mad.

0:29:380:29:40

He is not mad at all times. He is not mad now.

0:29:400:29:44

But it will be my defence, gentlemen, my argument, to show that

0:29:440:29:48

madness is not some wild land

0:29:480:29:51

to which those afflicted are forever banished

0:29:510:29:55

but that it is a bewildering place...

0:29:550:29:58

..to visit and to return from, sometimes in a matter of hours.

0:29:590:30:05

Buller, call an adjournment.

0:30:050:30:07

Mr Silvester,

0:30:070:30:09

you will call your first witness.

0:30:090:30:11

My Lord, there is some new development that requires...

0:30:110:30:16

Adjournment?!

0:30:160:30:18

If I may beg your indulgence.

0:30:180:30:20

MUTTERING

0:30:220:30:24

If Hadfield is found to be mad,

0:30:280:30:30

then the nature of his lunacy may be said to be shared

0:30:300:30:33

by others of a, ahem, nervous disposition that does afflict them.

0:30:330:30:37

You talk of the King?

0:30:370:30:38

How fares he, your Highness?

0:30:380:30:41

He's been out of sorts.

0:30:410:30:43

-Oh.

-We allowed him to walk in the grounds at Kew Gardens

0:30:430:30:47

but he did spy Fanny Burney there and...

0:30:470:30:49

And...then, your Highness?

0:30:510:30:54

He spoke to her of all manner of things.

0:30:560:30:58

All manner of things?

0:30:580:31:01

His physician calls it a derangement of his faculties,

0:31:010:31:04

that he suffers from a bilious fever.

0:31:040:31:06

But at other times, he has a very sound perception.

0:31:060:31:08

Imagine this! A monarch removed not by the guillotine

0:31:080:31:12

but by the comings and goings of his mind.

0:31:120:31:15

Then I must refute the condition of Mr Hadfield's mind.

0:31:150:31:18

He must be shown to be as sane as any one of us.

0:31:180:31:20

And I must find out who Mr Garrow calls for the defence.

0:31:200:31:23

To what purpose?

0:31:250:31:26

John Redknapp?

0:31:400:31:41

I saw the prisoner raise a horse pistol in the auditorium

0:31:460:31:50

and then take aim at the King.

0:31:500:31:52

SHOCKED MUTTERING

0:31:520:31:54

And before the first shot was fired, your Highness?

0:31:540:31:57

As the shot was fired, a stagehand raised the arm of the assassin

0:31:570:32:00

so as to direct the contents of the pistol into the roof of the Royal box.

0:32:000:32:05

Then, your Royal Highness,

0:32:050:32:08

he did not aim to miss?

0:32:080:32:10

The King was saved by a stagehand and a patriot.

0:32:100:32:13

-ALL:

-Hear, hear!

0:32:130:32:15

And then, your Highness?

0:32:150:32:17

-The orchestra played God Save The King.

-Ha!

0:32:170:32:20

Mr Garrow...

0:32:210:32:22

In the whole of the conversation which your Highness had with this man,

0:32:240:32:29

did he betray in his answers any irregularity

0:32:290:32:32

in which you could collect

0:32:320:32:34

a then existing derangement of his understanding?

0:32:340:32:38

Not the least.

0:32:380:32:40

No more questions, my lord.

0:32:400:32:43

Your Highness, how fares the King after his ordeal?

0:32:490:32:53

Quite recovered.

0:32:530:32:54

I understand he has been cupped, purged and blistered of late.

0:32:540:32:58

I trust that has quickened his recovery?

0:32:580:33:01

Thank you, yes, that is so.

0:33:010:33:03

Mr Garrow, you will address yourself

0:33:030:33:06

to the facts of the night in question.

0:33:060:33:08

My lord, of course.

0:33:080:33:10

Will your Highness have the goodness to recollect

0:33:100:33:13

whether there was anything more said by Mr Hadfield?

0:33:130:33:17

He said something like, "The worst had not happened yet",

0:33:170:33:21

or "More is to come."

0:33:210:33:23

So the act about which he was most deliberate

0:33:230:33:25

was the destruction of his own life?

0:33:250:33:29

A happy consequence of assassinating the King, perhaps?

0:33:290:33:32

That does not seem like a very collected state of mind, would you agree?

0:33:350:33:38

You will address the witness as your Royal Highness, Mr Garrow!

0:33:380:33:42

Will it please your Royal Highness to address the question?

0:33:420:33:46

The enormity of the crime he had embarked on had,

0:33:460:33:50

perhaps, shaken him.

0:33:500:33:53

MURMURS OF AGREEMENT

0:33:530:33:55

Had you previously encountered the prisoner?

0:33:560:33:59

His face seemed familiar.

0:33:590:34:00

He reminded me he'd been one of my orderlies at the battle of Freymar.

0:34:000:34:04

And you recollect him loyal, your Royal Highness?

0:34:040:34:07

-A good soldier.

-A good soldier?

0:34:070:34:10

A good soldier.

0:34:100:34:13

In battle against the French, in service of the King.

0:34:150:34:19

And now with some rational motive to kill him? I think not.

0:34:190:34:23

Are assassins ever rational?

0:34:230:34:26

If their design is to kill someone.

0:34:260:34:28

It may be alarming but it has reason.

0:34:280:34:31

Such as when the King believes

0:34:310:34:33

the nation is about to be inundated in a great flood.

0:34:330:34:37

His warning alarming but his reason, surely,

0:34:370:34:40

to strengthen our flood defences?

0:34:400:34:42

You will not compare the King and the man who tried to destroy him.

0:34:420:34:46

Mr Garrow, I do hope you have no further questions!

0:34:460:34:51

Mr Silvester, you may call your next witness.

0:35:140:35:18

My Lord, I call Mr John Redknapp.

0:35:180:35:21

I swear by almighty God

0:35:330:35:35

to tell the truth, the whole truth and nothing but the truth.

0:35:350:35:40

Can you say something of the mood and bearing of your neighbour

0:35:400:35:47

on the day in question, Mr Redknapp?

0:35:470:35:50

He was as well as I've ever seen him.

0:35:500:35:52

And, um, how did he go about his business?

0:35:520:35:55

Nothing but as usual.

0:35:550:35:57

Conversation disjointed in any way?

0:35:570:36:00

He spoke of going to attend a performance

0:36:000:36:03

at the Drury Lane Theatre.

0:36:030:36:06

SHOCKED MUTTERING

0:36:060:36:07

And your acquaintance with him previously,

0:36:070:36:09

-any evidence of lunacy?

-Never.

0:36:090:36:13

Liar! Perjurer!

0:36:130:36:15

Southouse! One more outburst like that and I'll have you removed!

0:36:150:36:18

Mr Hadfield procures a firearm.

0:36:180:36:20

Mr Hadfield positions himself at the Drury Lane Theatre,

0:36:200:36:25

in order to get the best possible shot at the King.

0:36:250:36:28

In short, Mr Hadfield exhibits a steady and resolute design,

0:36:280:36:33

requiring planning, precision and pinpoint timing.

0:36:330:36:37

Is this a madman in a frenzy?

0:36:390:36:42

Is this a man so deprived of understanding

0:36:420:36:45

that he knows no more of what he is doing than a brute,

0:36:450:36:49

or a wild beast? He purchased powder and shot!

0:36:490:36:53

Do wild beasts negotiate commercial transactions?

0:36:530:36:57

LAUGHTER

0:36:570:36:59

I am a little confused, Mr Redknapp.

0:37:010:37:04

You were to appear here as witness for the defence.

0:37:040:37:07

I wish to retract the statement I had previously made.

0:37:070:37:11

That is quite evident. Your previous statement not merely retracted,

0:37:110:37:15

rather turned on its head.

0:37:150:37:17

I had been mistaken.

0:37:170:37:19

And I too, then. For my attorney took you as an honest man.

0:37:190:37:22

Mr Garrow, let the court condemn or commend.

0:37:220:37:26

Mr Redknapp. Mr Redknapp!

0:37:260:37:29

Have you ever seen the prisoner exhibit any kind of disturbance?

0:37:320:37:37

Only when his blood has been inflamed through drink!

0:37:410:37:44

CHUCKLING

0:37:440:37:46

You've seen him drunk on many occasions?

0:37:460:37:50

He likes his liquor, sir.

0:37:500:37:52

You do realise that Mr Hadfield has in recent years been temperate,

0:37:540:37:58

as required by his religious convictions.

0:37:580:38:01

You are aware of the prisoner's religious convictions?

0:38:010:38:05

No, sir, no.

0:38:050:38:08

He's not drunk beer or liquor in five years.

0:38:080:38:10

So perhaps you may help me wonder what else might cause

0:38:100:38:14

this "inflammation of the blood" that you speak of?

0:38:140:38:19

I cannot venture.

0:38:220:38:23

I do not know.

0:38:260:38:27

We adjourn.

0:38:290:38:31

My lord!

0:38:310:38:32

For refreshment.

0:38:320:38:33

The court shall rise.

0:38:330:38:35

We must hope that Mr Creighton can convince

0:38:450:38:47

that an all-or-nothing definition of madness is a nonsense.

0:38:470:38:51

Or else... or else if I could demonstrate

0:38:510:38:55

the nature of Hadfield's mind to the jury.

0:38:550:38:58

Alas, it is his wife who knows best the mind of her husband.

0:38:580:39:01

Yes, but she is gone.

0:39:010:39:03

I will speak to Redknapp again.

0:39:030:39:04

-You thought him in difficulty about it?

-Some may call it that.

0:39:040:39:09

-KNOCKING

-You will allow me entry here,

0:39:270:39:29

or I will see you taken to the magistrates for perjury.

0:39:290:39:32

And make it known to your neighbours of Southwark

0:39:320:39:35

that you are a government spy and in their pay.

0:39:350:39:39

You think they will allow such a man to live peaceably here?

0:39:390:39:42

-You mean to have me killed?

-I mean to have Hadfield saved.

0:39:420:39:46

Were you not threatened by Lord Melville?

0:39:460:39:50

Yes! But I am a worthy man despite my testimony.

0:39:500:39:54

Worthy?

0:39:540:39:55

Worthy of what, Mr Redknapp?

0:39:550:39:57

A woman flees her husband's madness,

0:39:570:40:00

carrying her child.

0:40:000:40:01

She would look for safety, sanctuary, soonest and nearest.

0:40:010:40:05

You have seen his humours and as you say, you are not without virtue.

0:40:050:40:09

-And so you open your door to her.

-Such a woman should not suffer so.

0:40:090:40:14

Such a woman, no.

0:40:140:40:16

I begged her to stay with me.

0:40:170:40:19

Alas, I could not persuade her.

0:40:190:40:21

Where did she go to?

0:40:210:40:23

I hoped her refusal to stay on with me merely a practical matter...

0:40:230:40:29

Where to, Mr Redknapp?

0:40:290:40:30

..but I saw her return to him again.

0:40:300:40:33

Where, when?

0:40:330:40:35

-At the Bailey.

-She is in there?!

0:40:350:40:38

In the gallery. She loves him still.

0:40:380:40:41

You lied in court that he may be killed and his widow turn to you?

0:40:420:40:47

Such a man should not live.

0:40:490:40:52

"We command you that you bring before us in the Court of Chancery

0:41:090:41:13

"the body of Samuel Hill,

0:41:130:41:15

"who is detained in your custody."

0:41:150:41:17

So not only does she break into my house to steal my property,

0:41:180:41:22

she thinks to have Samuel returned to her!

0:41:220:41:24

You think it not part of some bargain

0:41:260:41:28

she aims to negotiate with you?

0:41:280:41:31

If it were me, I would be seeking considerably more pin money.

0:41:310:41:35

She funds her action with stolen jewellery.

0:41:350:41:37

I wonder she could not attach herself to a wealthy benefactor.

0:41:370:41:41

Well, she's not you, Henrietta. She has Mr Garrow for company.

0:41:410:41:44

Well, then, they collude here.

0:41:440:41:47

You think it so?

0:41:490:41:51

Why else would an adulterous woman presume to take a child

0:41:510:41:55

away from its father with Garrow to encourage her?

0:41:550:41:59

The Crim Con trial turned out to be the most pyrrhic victory.

0:41:590:42:03

I shall confound them here far more unequivocally.

0:42:030:42:06

It may also restore your reputation.

0:42:060:42:09

She would not only be challenging your authority

0:42:090:42:12

but the authority of all men who are fathers.

0:42:120:42:15

And you...would quickly gain the sympathy of all men.

0:42:150:42:20

And you offer this remedy because of your great feeling for me?

0:42:220:42:26

I offer this remedy because it must take us back to London.

0:42:270:42:31

-Soonest!

-Ahh.

0:42:310:42:34

SHE WHOOPS WITH DELIGHT

0:42:410:42:43

BABY CRIES

0:42:450:42:47

Mr Creighton, would you please name the usual symptoms of lunacy?

0:42:530:42:58

Uncommon fury, jealousy or suspicion without cause or grounds.

0:42:580:43:03

Simply symptoms of a vicious character then?

0:43:030:43:06

Mr Silvester, wait your turn!

0:43:060:43:08

Mr Creighton, you have carried out an examination of the prisoner.

0:43:080:43:12

Please afford the Court an opinion, or rather an insight,

0:43:120:43:15

based on your considerable experience.

0:43:150:43:17

The condition of Mr Hadfield does not manifest itself constantly.

0:43:170:43:22

I see.

0:43:220:43:24

-And so there is no total deprivation of memory and reason?

-Correct.

0:43:240:43:28

Then how or when does his condition manifest itself?

0:43:280:43:33

If any question concerning common matters is put to him,

0:43:330:43:39

he answers very correctly. But if any question is put to him

0:43:390:43:43

which refers to the subject of his lunacy, he answers irrationally.

0:43:430:43:48

Delusions are very powerful forces.

0:43:480:43:52

They cannot be shaken by perception or sense.

0:43:520:43:55

Delusion sets in like a disease?

0:43:550:43:59

It infects just as much.

0:43:590:44:01

Can the delusion appear in the utmost state of ability?

0:44:010:44:04

The ability to purchase pistol and shot and take one's place at the theatre?

0:44:040:44:08

Yes. Even when the delusion which propels the action

0:44:080:44:12

has no foundation or existence.

0:44:120:44:15

This argument is somewhat...new.

0:44:150:44:19

That madness is, if not also occasional,

0:44:190:44:24

then somehow the false reality of a diseased mind?

0:44:240:44:28

My Lord, I contend that the total deprivation

0:44:300:44:34

of understanding and memory is a legal fiction.

0:44:340:44:39

Mr Creighton, if, as you suggest, madness is not a total state,

0:44:450:44:51

do you mean by that then that the insane suffer periods

0:44:510:44:55

when they are not themselves?

0:44:550:44:58

Yes, I agree with that.

0:44:580:45:00

Good! Then during other times,

0:45:000:45:04

if I am to understand you,

0:45:040:45:06

they show a partial degree of reason?

0:45:060:45:10

Yes.

0:45:100:45:12

Then can we not say that the prisoner WAS in his true state

0:45:120:45:15

when he committed the crime?

0:45:150:45:17

Not if we accept the real motivation for the action.

0:45:170:45:21

The satisfactions and fulfilment of the delusion

0:45:210:45:24

that brought Mr Hadfield before the King.

0:45:240:45:27

Ah! Is it every frantic and idle humour

0:45:270:45:31

of a man to be exempted from justice and the law?

0:45:310:45:35

Are there not many circumstances that can displace a "good self"?

0:45:350:45:40

Greed...

0:45:400:45:42

envy...

0:45:420:45:44

malice...

0:45:440:45:46

the coveting of another man's horse?

0:45:460:45:48

LAUGHTER

0:45:480:45:51

You could not take your leave of him after all.

0:45:570:46:00

I am loyal still but I feel I must hide in plain sight.

0:46:000:46:05

You can be more loyal yet.

0:46:050:46:07

If you give some understanding to the jury about the nature of your husband's madness,

0:46:090:46:13

-then we may have a compelling defence.

-I do not wish his death!

0:46:130:46:17

Your attendance here speaks of your heart.

0:46:170:46:19

You think that so? I am as afraid of the pardon that may be granted him!

0:46:190:46:24

Because of the events of that night?

0:46:240:46:25

I would not be able to bear to recollect them in court.

0:46:250:46:29

In any case, they may condemn him.

0:46:290:46:32

Or save him, madam.

0:46:320:46:33

But I fear I will provoke him! Provoke what does afflict him!

0:46:330:46:37

You must allow me that provocation.

0:46:370:46:40

My Lord, I call Mrs Ann Hadfield.

0:46:440:46:47

I swear by Almighty God to tell the truth, the whole truth

0:47:060:47:09

and nothing but the truth.

0:47:090:47:12

Mrs Hadfield, could you please give a description

0:47:120:47:16

of your husband's true self?

0:47:160:47:18

-SHE CLEARS HER THROAT

-Most times he was good and kind.

0:47:180:47:22

And other times?

0:47:220:47:24

He would confound me.

0:47:240:47:27

Buy a new jacket

0:47:270:47:29

and then immediately part with it for an old and tattered one.

0:47:290:47:32

Or lie awake at night singing psalms and hymns,

0:47:320:47:37

or simply walk about in the middle of the night unable to sleep.

0:47:370:47:41

I had still only then thought his behaviour odd, or queer,

0:47:410:47:45

or flighty...

0:47:450:47:47

Until such time as when, Mrs Hadfield?

0:47:470:47:49

Something that you can not so easily give a name to?

0:47:540:47:59

I could give a name to it,

0:47:590:48:01

-but it is hardly to be thought about.

-Of course.

0:48:010:48:04

If you would try to recall, for your husband's sake.

0:48:040:48:08

-I will not send him to the gallows here?

-You will not.

0:48:090:48:13

You must simply speak the truth.

0:48:130:48:15

Then...

0:48:230:48:24

the night before he took the pistol to the theatre,

0:48:260:48:30

I knew what he had a mind to do,

0:48:300:48:34

and begged him to think of our son,

0:48:340:48:37

of the duty he had to him.

0:48:370:48:39

I was holding our infant in my arms...

0:48:430:48:47

and suddenly...

0:48:470:48:50

..my husband dragged the child from my arms...

0:48:510:48:56

Please try to continue.

0:48:580:49:01

-I saw him! I saw his purpose!

-Mr Hadfield...

0:49:010:49:04

His purpose? His purpose to thwart you?

0:49:040:49:07

Sent to confuse and detain me!

0:49:070:49:10

-A child held by his mother?

-A snake!

0:49:100:49:13

Writhing in the bosom of the devil!

0:49:130:49:16

Mr Garrow! Who do you examine?!

0:49:160:49:17

And you had to be worthy of Christ, did you not?

0:49:170:49:20

I could not delay to purify myself with death.

0:49:200:49:24

You could not allow the child to delay you.

0:49:240:49:26

The old ways of life must come to an end

0:49:260:49:30

before Christ can come

0:49:300:49:31

and bring about our resurrection and my renewal!

0:49:310:49:34

You sought to repel this awful creature who would prevent that?

0:49:340:49:38

I took the one that did pretend to be my son...

0:49:380:49:41

..from the one that did pretend to be his mother

0:49:430:49:46

and try to dash his brains against the wall!

0:49:460:49:48

SHOCKED EXCLAMATIONS

0:49:480:49:51

Until?

0:49:540:49:55

Until Ann rescued him from me.

0:50:010:50:03

And through my tears gave up my assault upon...

0:50:060:50:08

Upon?

0:50:080:50:10

Upon this snake, this tempter.

0:50:120:50:14

Who was also my beloved child.

0:50:170:50:19

At the moment that he tried to kill his son,

0:50:240:50:27

he could have had a rational conversation about

0:50:270:50:31

any circumstance of his past life.

0:50:310:50:33

and anything connected with his present.

0:50:330:50:35

Except only the quality of the act he was meditating.

0:50:350:50:40

James Hadfield knew perfectly well

0:50:400:50:42

that he was the husband of this woman and the father of the child.

0:50:420:50:46

And yet still he was in thrall to the over-ruling dominion

0:50:460:50:51

of a morbid imagination.

0:50:510:50:53

Did he not cry because he knew the evil he was doing and the consequences?

0:50:530:50:57

He cried because he could not stop what he was doing.

0:50:570:51:00

He could not stop his sickly purpose.

0:51:000:51:02

Mr Silvester, do you have any questions for the witness?

0:51:020:51:08

No, my Lord. I merely wish to address the jury

0:51:080:51:11

before you ask them to return a verdict.

0:51:110:51:13

As you wish.

0:51:140:51:16

We are told this is a man who, as manifestation of his lunacy,

0:51:180:51:24

wished nothing more than to bring about his own death.

0:51:240:51:29

If this be so, I have one very simple question.

0:51:290:51:33

Why did he not plead guilty?

0:51:330:51:36

Why avail himself of a defence?

0:51:360:51:38

If he wishes to ensure his own destruction,

0:51:380:51:42

why seek out the wiles and stratagems of Mr Garrow

0:51:420:51:45

to avert such a fate?

0:51:450:51:47

No, I would avert it!

0:51:470:51:49

I would have a defence for the sake of my husband, for the man he once was.

0:51:490:51:54

The man you can still sometimes be.

0:51:550:51:58

Mr Garrow.

0:52:040:52:06

Where James Hadfield bears the appearance of purpose and planning,

0:52:110:52:15

he retained no capacity to appreciate

0:52:150:52:18

the legal consequences of his behaviour.

0:52:180:52:21

And by the law's notion of intent,

0:52:210:52:25

James Hadfield had not chosen to kill the King.

0:52:250:52:28

I hope that your sound understandings, gentlemen,

0:52:280:52:32

will easily enable you to distinguish

0:52:320:52:36

infirmities which are misfortunes,

0:52:360:52:39

from motives which are crimes.

0:52:390:52:41

Well, gentlemen, depravity or disease?

0:52:440:52:48

The true self displaced,

0:52:480:52:51

or an act of wilful deliberation and wicked purpose?

0:52:510:52:56

Mr Garrow argues here for a change in the law on madness.

0:52:560:53:01

No small debate. Will you allow it?

0:53:010:53:04

The decision you reach today may... no, WILL have profound consequences.

0:53:040:53:10

Deliberate and we will have your verdict.

0:53:100:53:13

You've reached a verdict?

0:53:260:53:28

-We have.

-How do you find?

0:53:280:53:31

Not guilty.

0:53:310:53:32

LOUD MUTTERING

0:53:320:53:35

The prisoner, for his own sake and for the sake of society at large,

0:53:370:53:41

must not be discharged.

0:53:410:53:43

I suggest he be properly disposed of,

0:53:430:53:48

all mercy and humanity being shown this unfortunate creature.

0:53:480:53:52

The court shall rise.

0:53:550:53:56

Congratulations. You have made a successful defence,

0:53:590:54:02

and the reward for your client is indefinite incarceration.

0:54:020:54:06

You must know that it may be possible for patients to recover

0:54:100:54:13

if simply confined in peaceful surroundings.

0:54:130:54:18

And so I commend you to the care of Mr Creighton here.

0:54:180:54:21

I hope that one day I will be grateful to you, Mr Garrow.

0:54:210:54:25

Then I wish you peace, James.

0:54:300:54:32

Some resolution here at least, Mr Southouse.

0:54:410:54:44

And are you resolved and settled in your own house?

0:54:450:54:49

What mean you?

0:54:490:54:51

About the service I have performed for Lady Sarah in the way of Samuel.

0:54:510:54:55

I am in Parliament tomorrow to announce a new treason bill.

0:54:590:55:03

You propose to make such trials less likely to fail?

0:55:030:55:06

I propose to make it clear that we seek to circumscribe the rights

0:55:060:55:09

of all those who will announce their disenfranchisement.

0:55:090:55:13

Madmen, slaves, Irish, Catholics, women.

0:55:130:55:15

Gentlemen! We must press them down in their delirium.

0:55:150:55:20

A writ of Habeas Corpus against Hill?

0:55:210:55:24

It will require him to produce Samuel in court

0:55:240:55:27

and show cause why he should detain him.

0:55:270:55:30

You think he'll simply submit to you?

0:55:300:55:32

My Lord Melville?

0:55:430:55:45

-Hill?

-We may travel together, I think.

0:55:460:55:49

-Can that still be so?

-If you'll hear me.

0:55:510:55:54

I am called to a custody hearing.

0:56:030:56:05

My absolute right as a father is to be questioned. Challenged.

0:56:060:56:11

My God, the sickness of the age is truly upon us.

0:56:110:56:14

I will not let it overcome me.

0:56:140:56:16

And my defence is a remedy.

0:56:160:56:19

You seek not merely custody from this?

0:56:210:56:24

If the trial brings my rehabilitation as a man,

0:56:240:56:26

it must also bring it as a politician.

0:56:260:56:28

And Garrow in this?

0:56:280:56:31

Of course. She lives as his dependent since the trial.

0:56:310:56:34

Avenge it.

0:56:360:56:38

-Who to represent you?

-Not you in the cause of custody.

0:56:450:56:49

Your presence could be used to show Samuel lives with his mother and her lover.

0:56:490:56:53

You have given it some thought?

0:56:530:56:55

Have you paid as much attention to the bill that will be presented to you?

0:56:550:56:59

I went to the house. I took the jewels I used to wear

0:57:020:57:06

-and exchanged...

-Under the law, they do not belong to you!

0:57:060:57:09

He has stolen my son!

0:57:090:57:11

If I cannot represent you at Kings Bench, I may have cause to represent you

0:57:240:57:28

at the Bailey, as you stand in the dock.

0:57:280:57:30

I warn you, Hill will come for his retribution.

0:57:330:57:38

They are charged with breaking looms and cutting silk.

0:57:540:57:57

He has issued me with a writ.

0:57:570:57:59

All I ever had is his in law.

0:57:590:58:02

Am I still to call you uncle then?

0:58:020:58:04

You are my brother's son, what else should you call me?

0:58:040:58:07

Samuel's absence is a wound.

0:58:070:58:09

-Give him back to me.

-We shall see whom the law prefers.

0:58:090:58:12

These two are lost.

0:58:120:58:14

You think so?

0:58:140:58:15

Oh, I'm sure of it.

0:58:150:58:17

Subtitles by Red Bee Media Ltd

0:58:310:58:33

E-mail [email protected]

0:58:330:58:35

Pioneering eighteenth century barrister William Garrow returns to the Bailey to champion the rights of prisoners. Based on the true story of James Hadfield - accused of attempting to assassinate King George III - Garrow risks his reputation to defend the indefensible. And he changes British law forever.


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