Blackwood's Edinburgh Magazine, Vol. 68, No 420, October 1850

Under the mortal pressure of this capital sentence remained these three unhappy and misguided men, from the 16th till the 28th of January. On the 25th, an elaborate argument was had at Westminster before the fifteen judges, which lasted till the 28th, on a case framed by Lord Chief-Justice Tindal for their opinion, on the point which had been raised at the trial by Sir Frederick Pollock. The Chief-Justice submitted these two questions for consideration, – "First, whether the service of the list of witnesses was a good service, under the statute 7 Anne, c. 21, § 11; secondly, whether, at all events, the objection was taken in due time." There was a great array of counsel on both sides; but the argument was conducted by the Attorney-General alone, on behalf of the Crown; and by Sir Frederick Pollock, Sir William Follett, and Mr Kelly on behalf of the prisoners. The utmost possible ingenuity was displayed on both sides; and with such effect, that at the close of the argument the Lord Chief-Justice of the Common Pleas wrote a letter to the Secretary of State for the Home Department, (the Marquis of Normanby,) announcing the following somewhat perplexing result, – that, "first, a majority of the Judges, in the proportion Of NINE to SIX, were of opinion that the delivery of the list of witnesses was NOT a good delivery in point of law:

"But, secondly, a majority of the Judges, in the proportion of nine to six, are of opinion that the OBJECTION to the delivery of the list of witnesses was not taken in due time.

"All the Judges agreed, that if the objection had been made in time, the effect of it would have been a postponement of the trial, in order to give time for a proper delivery of the list."

The Ayes on this occasion were —

Justices Littledale, Patteson, Williams, Coleridge, Colins, Erskine; Barons Parke, Alderson, Rolfe.

The Noes —

Lord Chief-Justice Denman, Lord Chief-Justice Tindal, Lord Chief-Baron Abinger; Justices Bosanquet and Maule, and Baron Gurney.

Those last (the Noes) decided also that the objection had not been taken in time; and three of the former class, (the Ayes,) viz. Baron Alderson, Baron Rolfe, and Justice Coleridge, concurred in that decision.14

Here was a question for the Executive to decide! A capital conviction for high treason, with a decision of the majority of the Judges of the land, that a statutory requisition as to the period for delivery of a list of the witnesses had not been exactly complied with, but that the prisoner did not make the objection till the time had gone by for making it; and that, had he made it in time, the utmost effect would have been to cause a postponement of the trial for a few days. The prisoner's objection was avowedly strictissimi juris; and he did not affect to show that he had suffered the slightest detriment from the over-anxious kindness of the Crown solicitor. That, under these circumstances, the lives of the three traitors were absolutely at the mercy of the Ministry, is indisputable; and no one, we conceive, could have censured them, if they had allowed the capital sentence to be carried into effect. They inclined, however, to the merciful exercise of their anxious discretion; and the capital sentence was remitted, on the condition of the three prisoners being transported for the term of their natural lives. They have now been ten years at the Antipodes; and how many times, during that lengthened period of bitter, dishonoured existence, they have cursed their own folly and crime, who can tell?

Have they ever appreciated the skill and vigilance with which they were defended? It is true that this one chance objection – which it is wonderful should have occurred to any one at all – was ultimately pronounced, but only by a majority of the Judges after lengthened debate, to have been taken too late; but if it had not occurred to the vigilant advocate when it did – if no one had taken it at any time – would not the three traitors have been executed? Unquestionably: public justice, the public safety required it. Whether Sir Frederick Pollock purposely delayed making the objection till the moment when he did, (and the Attorney-General insinuated, before the fifteen Judges, that such was the case,15) thinking that course more advantageous to the prisoners, or whether the objection had not, in fact, occurred to him till it was too late, we cannot at present say. This much, however, we can say in conclusion, that we are very much indebted to the late Mr Townsend for having enabled us to present this entertainment – for such we hope it has proved – to our readers; who may hereafter look with great interest on a great trial, especially if they have the opportunity of witnessing it. They may then appreciate the exquisite anxieties and responsibilities imposed on those concerned in conducting it – the difficulties with which they have to contend on the spot, without time for consideration, though life itself be the stake played for. They will also, probably, be of the opinion, that in the great game at Monmouth all the players played their parts well – may we not say admirably? – that the uttermost justice was done on both sides. Two practical deductions from the whole may yet be made: first, have a look-out, gentlemen prosecutors, in taking every single step of your course, however apparently unimportant at the time it may seem to you; bearing in mind that, in proportion to the desperate exigencies of the defence, will be the piercing scrutiny to which every formality will be subjected; so that a blot may be hit which might easily have been avoided, but, when hit, is fatal. Secondly, in your turn, gentlemen counsel, be encouraged by the result of this interesting and instructive trial, to watch every single step of your opponents – even those in which error, omission, or miscarriage is least likely – with sleepless vigilance, and be prompt in action. Thus much for the trial of John Frost.

MY NOVEL; OR, VARIETIES IN ENGLISH LIFE

BY PISISTRATUS CAXTON

CHAPTER X

In my next chapter I shall present Squire Hazeldean in patriarchal state – not exactly under the fig-tree he has planted, but before the stocks he has reconstructed. – Squire Hazeldean and his family on the village green! The canvass is all ready for the colours.

But in this chapter I must so far afford a glimpse into antecedents as to let the reader know that there is one member of the family whom he is not likely to meet at present, if ever, on the village green at Hazeldean.

Our squire lost his father two years after his birth; his mother was very handsome – and so was her jointure; she married again at the expiration of her year of mourning – the object of her second choice was Colonel Egerton.

In every generation of Englishmen (at least since the lively reign of Charles II.) there are a few whom some elegant Genius skims off from the milk of human nature, and reserves for the cream of society. Colonel Egerton was one of these terque, quaterque beati, and dwelt apart on a top shelf in that delicate porcelain dish – not bestowed upon vulgar buttermilk – which persons of fashion call The Great World. Mighty was the marvel of Pall Mall, and profound was the pity of Park Lane, when this supereminent personage condescended to lower himself into a husband. But Colonel Egerton was not a mere gaudy butterfly; he had the provident instincts ascribed to the bee. Youth had passed from him – and carried off much solid property in its flight; he saw that a time was fast coming when a home, with a partner who could help to maintain it, would be conducive to his comforts, and an occasional humdrum evening by the fireside beneficial to his health. In the midst of one season at Brighton, to which gay place he had accompanied the Prince of Wales, he saw a widow who, though in the weeds of mourning, did not appear inconsolable. Her person pleased his taste – the accounts of her jointure satisfied his understanding; he contrived an introduction, and brought a brief wooing to a happy close. The late Mr Hazeldean had so far anticipated the chance of the young widow's second espousals, that, in case of that event, he transferred, by his testamentary dispositions, the guardianship of his infant heir from the mother to two squires whom he had named his executors. This circumstance combined with her new ties somewhat to alienate Mrs Hazeldean from the pledge of her former loves; and when she had born a son to Colonel Egerton, it was upon that child that her maternal affections gradually concentrated.

William Hazeldean was sent by his guardians to a large provincial academy, at which his forefathers had received their education time out of mind. At first he spent his holidays with Mrs Egerton; but as she now resided either in London, or followed her lord to Brighton to partake of the gaieties at the Pavilion – so, as he grew older, William, who had a hearty affection for country life, and of whose bluff manners and rural breeding Mrs Egerton (having grown exceedingly refined) was openly ashamed, asked and obtained permission to spend his vacations either with his guardians or at the old hall. He went late to a small college at Cambridge, endowed in the fifteenth century by some ancestral Hazeldean; and left it, on coming of age, without taking a degree. A few years afterwards he married a young lady, country born and bred like himself.

Meanwhile his half-brother, Audley Egerton, may be said to have begun his initiation into the beau monde before he had well cast aside his coral and bells; he had been fondled in the lap of duchesses, and galloped across the room astride on the canes of ambassadors and princes. For Colonel Egerton was not only very highly connected – not only one of the Dii majoris of fashion – but he had the still rarer good fortune to be an exceedingly popular man with all who knew him; – so popular, that even the fine ladies whom he had adored and abandoned forgave him for marrying out of "the set," and continued to be as friendly as if he had not married at all. People who were commonly called heartless, were never weary of doing kind things to the Egertons. – When the time came for Audley to leave the preparatory school, at which his infancy budded forth amongst the stateliest of the little lilies of the field, and go to Eton, half the fifth and sixth forms had been canvassed to be exceedingly civil to young Egerton. The boy soon showed that he inherited his father's talent for acquiring popularity, and that to this talent he added those which put popularity to use. Without achieving any scholastic distinction, he yet contrived to establish at Eton the most desirable reputation which a boy can obtain – namely, that among his own contemporaries – the reputation of a boy who was sure to do something when he grew to be a man. As a gentleman commoner at Christ Church, Oxford, he continued to sustain this high expectation, though he won no prizes and took but an ordinary degree; and at Oxford the future "something" became more defined – it was "something in public life" that this young man was to do.

While he was yet at the university, both his parents died – within a few months of each other. And when Audley Egerton came of age, he succeeded to a paternal property which was supposed to be large, and indeed had once been so, but Colonel Egerton had been too lavish a man to enrich his heir, and about £1500 a-year was all that sales and mortgages left of an estate that had formerly approached a rental of ten thousand pounds.

Still, Audley was considered to be opulent, and he did not dispel that favourable notion by any imprudent exhibition of parsimony. On entering the world of London, the Clubs flew open to receive him: and he woke one morning to find himself, not indeed famous – but the fashion. To this fashion he at once gave a certain gravity and value – he associated as much as possible with public men and political ladies – he succeeded in confirming the notion that he was 'born to ruin or to rule the State.'

Now, his dearest and most intimate friend was Lord L'Estrange, from whom he had been inseparable at Eton; and who now, if Audley Egerton was the fashion, was absolutely the rage in London.

Harley Lord L'Estrange was the only son of the Earl of Lansmere, a nobleman of considerable wealth, and allied by intermarriages to the loftiest and most powerful families in England. Lord Lansmere, nevertheless, was but little known in the circles of London. He lived chiefly on his estates, occupying himself with the various duties of a great proprietor, and rarely came to the metropolis; so that he could afford to give his son a very ample allowance, when Harley, at the age of sixteen, (having already attained to the sixth form at Eton,) left school for one of the regiments of the Guards.

Few knew what to make of Harley L'Estrange – and that was, perhaps, the reason why he was so much thought of. He had been by far the most brilliant boy of his time at Eton – not only the boast of the cricket-ground, but the marvel of the school-room – yet so full of whims and oddities, and seeming to achieve his triumphs with so little aid from steadfast application, that he had not left behind him the same expectations of solid eminence which his friend and senior, Audley Egerton, had excited. His eccentricities – his quaint sayings and out-of-the-way actions, became as notable in the great world as they had been in the small one of a public school. That he was very clever there was no doubt, and that the cleverness was of a high order might be surmised not only from the originality but the independence of his character. He dazzled the world, without seeming to care for its praise or its censure – dazzled it, as it were, because he could not help shining. He had some strange notions, whether political or social, which rather frightened his father. According to Southey, "A man should be no more ashamed of having been a republican than of having been young." Youth and extravagant opinions naturally go together. I don't know whether Harley L'Estrange was a republican at the age of eighteen; but there was no young man in London who seemed to care less for being heir to an illustrious name and some forty or fifty thousand pounds a-year. It was a vulgar fashion in that day to play the exclusive, and cut persons who wore bad neckcloths and called themselves Smith or Johnson. Lord L'Estrange never cut any one, and it was quite enough to slight some worthy man because of his neckcloth or his birth, to ensure to the offender the pointed civilities of this eccentric successor to the Dorimonts and the Wildairs.

It was the wish of his father that Harley, as soon as he came of age, should represent the borough of Lansmere, (which said borough was the single plague of the Earl's life.) But this wish was never realised. Suddenly, when the young idol of London still wanted some two or three years of his majority, a new whim appeared to seize him. He withdrew entirely from society – he left unanswered the most pressing three-cornered notes of inquiry and invitation that ever strewed the table of a young Guardsman; he was rarely seen anywhere in his former haunts – when seen, was either alone or with Egerton; and his gay spirits seemed wholly to have left him. A profound melancholy was written in his countenance, and breathed in the listless tones of his voice. At this time the Guards were achieving in the Peninsula their imperishable renown; but the battalion to which Harley belonged was detained at home; and whether chafed by inaction or emulous of glory, the young Lord suddenly exchanged into a cavalry regiment, from which a recent memorable conflict had swept one half the officers. Just before he joined, a vacancy happening to occur for the representation of Lansmere, he made it his special request to his father that the family interest might be given to his friend Egerton – went down to the Park, which adjoined the borough, to take leave of his parents – and Egerton followed, to be introduced to the electors. This visit made a notable epoch in the history of many personages who figure in my narrative; but at present I content myself with saying, that circumstances arose which, just as the canvass for the new election commenced, caused both L'Estrange and Audley to absent themselves from the scene of action, and that the last even wrote to Lord Lansmere expressing his intention of declining to contest the borough.

Fortunately for the parliamentary career of Audley Egerton, the election had become to Lord Lansmere not only a matter of public importance, but of personal feeling. He resolved that the battle should be fought out, even in the absence of the candidate, and at his own expense. Hitherto the contest for this distinguished borough had been, to use the language of Lord Lansmere, "conducted in the spirit of gentlemen," – that is to say, the only opponents to the Lansmere interest had been found in one or the other of two rival families in the same county; and as the Earl was a hospitable courteous man, much respected and liked by the neighbouring gentry, so the hostile candidate had always interlarded his speeches with profuse compliments to his Lordship's high character, and civil expressions as to his Lordship's candidate. But, thanks to successive elections, one of these two families had come to an end, and its actual representative was now residing within the Rules of the Bench; the head of the other family was the sitting member, and, by an amicable agreement with the Lansmere interest, he remained as neutral as it is in the power of any sitting member to be amidst the passions of an intractable committee. Accordingly, it had been hoped that Egerton would come in without opposition, when, the very day on which he had abruptly left the place, a handbill, signed "Haverill Dashmore, Captain R.N., Baker Street, Portman Square," announced, in very spirited language, the intention of that gentleman to emancipate the borough from the unconstitutional domination of an oligarchical faction, not with a view to his own political aggrandisement – indeed, at great personal inconvenience – but actuated solely by abhorrence to tyranny, and patriotic passion for the purity of election.

This announcement was followed, within two hours, by the arrival of Captain Dashmore himself, in a carriage-and-four covered with yellow favours, and filled, inside and out, with harum-scarum looking friends who had come down with him to aid the canvass and share the fun.

Captain Dashmore was a thorough sailor, who had, however, taken a disgust to the profession from the date in which a Minister's nephew had been appointed to the command of a ship to which the Captain considered himself unquestionably entitled. It is just to the Minister to add, that Captain Dashmore had shown as little regard for orders from a distance, as had immortalized Nelson himself; but then the disobedience had not achieved the same redeeming success as that of Nelson, and Captain Dashmore ought to have thought himself fortunate in escaping a severer treatment than the loss of promotion. But no man knows when he is well off; and retiring on half-pay, just as he came into unexpected possession of some forty or fifty thousand pounds, bequeathed by a distant relation, Captain Dashmore was seized with a vindictive desire to enter parliament, and inflict oratorical chastisement on the Administration.

A very few hours sufficed to show the sea-captain to be a most capital electioneerer for a small and not very enlightened borough. It is true that he talked the saddest nonsense ever heard from an open window; but then his jokes were so broad, his manner so hearty, his voice so big, that in those dark days, before the schoolmaster was abroad, he would have beaten your philosophical Radical and moralising Democrat hollow. Moreover he kissed all the women, old and young, with all the zest of a sailor who has known what it is to be three years at sea without sight of a beardless lip; he threw open all the public-houses, asked a numerous committee every day to dinner, and, chucking his purse up in the air, declared "he would stick to his guns while there was a shot in the locker." Till then, there had been but little political difference between the candidate supported by Lord Lansmere's interest and the opposing parties – for country gentlemen, in those days, were pretty much of the same way of thinking, and the question had been really local – viz., whether the Lansmere interest should or should not prevail over that of the two squirearchical families who had alone, hitherto, ventured to oppose it. But though Captain Dashmore was really a very loyal man, and much too old a sailor to think that the State (which, according to established metaphor, is a vessel, par excellence,) should admit Jack upon quarterdeck, yet, what with talking against lords and aristocracy, jobs and abuses, and searching through no very refined vocabulary for the strongest epithets to apply to those irritating nouns-substantive, his bile had got the better of his understanding, and he became fuddled, as it were, by his own eloquence. Thus, though as innocent of Jacobinical designs as he was incapable of setting the Thames on fire, you would have guessed him, by his speeches, to be one of the most determined incendiaries that ever applied a match to the combustible materials of a contested election; while, being by no means accustomed to respect his adversaries, he could not have treated the Earl of Lansmere with less ceremony if his Lordship had been a Frenchman. He usually designated that respectable nobleman by the title of "Old Pompous;" and the Mayor, who was never seen abroad but in top-boots, and the Solicitor, who was of a large build, received from his irreverent wit the joint soubriquet of "Tops and Bottoms!" Hence the election had now become, as I said before, a personal matter with my Lord, and, indeed, with the great heads of the Lansmere interest. The Earl seemed to consider his very coronet at stake in the question. "The man from Baker Street," with his preternatural audacity, appeared to him a being ominous and awful – not so much to be regarded with resentment, as with superstitious terror: he felt as felt the dignified Montezuma, when that ruffianly Cortez, with his handful of Spanish rapscallions, bearded him in his own capital, and in the midst of his Mexican splendour. – "The gods were menaced if man could be so insolent!" wherefore said my Lord, tremulously, – "The Constitution is gone if the Man from Baker Street comes in for Lansmere!"

But, in the absence of Audley Egerton, the election looked extremely ugly, and Captain Dashmore gained ground hourly, when the Lansmere Solicitor happily bethought him of a notable proxy for the missing candidate. The Squire of Hazeldean, with his young wife, had been invited by the Earl in honour of Audley; and in the Squire the Solicitor beheld the only mortal who could cope with the sea-captain, – a man with a voice as burly, and a face as bold – a man who, if permitted for the nonce by Mrs Hazeldean, would kiss all the women no less heartily than the Captain kissed them; and who was, moreover, a taller, and a handsomer, and a younger man – all three, great recommendations in the kissing department of a contested election. Yes, to canvass the borough, and to speak from the window, Squire Hazeldean would be even more popularly presentable than the London-bred and accomplished Audley Egerton himself.

The Squire, applied to and urged on all sides, at first said bluntly, "that he would do anything in reason to serve his brother, but that he did not like, for his own part, appearing, even in proxy, as a Lord's nominee; and moreover, if he was to be sponsor for his brother, why, he must promise and vow, in his name, to be staunch and true to the land they lived by; and how could he tell that Audley, when once he got into the House, would not forget the land, and then he, William Hazeldean, would be made a liar, and look like a turncoat!"

But these scruples being overruled by the arguments of the gentlemen and the entreaties of the ladies, who took in the election that intense interest which those gentle creatures usually do take in all matters of strife and contest, the Squire at length consented to confront the Man from Baker Street, and went accordingly into the thing with that good heart and old English spirit with which he went into everything whereon he had once made up his mind.

The expectations formed of the Squire's capacities for popular electioneering were fully realised. He talked quite as much nonsense as Captain Dashmore on every subject except the landed interest; – there he was great, for he knew the subject well – knew it by the instinct that comes with practice, and compared to which all your showy theories are mere cobwebs and moonshine.