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Blackwood's Edinburgh Magazine — Volume 54, No. 335, September 1843 by Various
page 12 of 330 (03%)
and a beggar who had passed the night in the hut when the murder was
perpetrated, were the principal witnesses against the infanticide, and
their depositions could not be shaken. I waited with anxiety and great
irritability for the sentence which should remove the prisoner from the
bar. The earth seemed polluted as long as he breathed upon it; he could
not be too quickly withdrawn, and hidden for ever in the grave. The case
for the prosecution being closed, a young barrister arose, and there was
a perfect stillness in the court. My curiosity to know what this
gentleman could possibly urge on behalf of his client was extreme. To me
"the probation bore no hinge, nor loop to ban a doubt on." But the
smoothfaced counsellor, whose modesty had no reference to his years,
seemed in no way burdened by the weight of his responsibility, nor to
view his position as one of difficulty and risk. He stood, cool and
erect, in the silence of the assembly, and with a self-satisfied _smile_
he proceeded to address the judge. Yes, he laughed, and he had heard that
heart-breaking recital; and the life of the man for whom he pleaded was
hardly worth a pin's fee. The words of the poet rushed involuntarily to
my mind. "Heaven!" I mentally exclaimed, "_Has this fellow no feeling of
his business--he sings at grave-making_!" He made no allusion to the
evidence which had been adduced, but he spoke of INFORMALITY. I trembled
with alarm and anger. I had often heard and read of justice defeated
by such a trick of trade; but I prayed that such dishonour and public
shame might not await her now. Informality! Surely we had heard of the
cold-blooded cruelty, the slow and exquisite torture, the final
deathblow; there was no informality in these; the man had not denied his
guilt, his defender did not seek to palliate it. Away with the juggle, it
cannot avail you here! But in spite of my feverish security, the shrewd
lawyer--well might he smile and chuckle at his skill--proceeded calmly to
assert the prisoner's right to his immediate _discharge! There was a flaw
in the declaration, and the indictment was invalid_. And thus he proved
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