The trial at the Old Bailey of Mr. Simple
Simonman for highway robbery with violence—Mr. Alibi
introduces himself to Mr. Bumpkin.
I next saw Mr. Bumpkin wandering about the precincts of that
Grand Institution, the Old Bailey, on a drizzly morning about the
middle of February, 187—, waiting to go before the Grand
Jury. As the famous prison in Scotland was called the
“Heart of Midlothian” so the Old Bailey may be
considered the Heart of Civilization. Its commanding
situation, in the very centre of a commercial population,
entitles it to this distinction; for nothing is supposed to have
so civilizing an influence as Commerce. I was always
impressed with its beautiful and picturesque appearance,
especially on a fine summer morning, during its sittings, when
the sun was pouring its brightest beams on its lively
portals. What a charming picture was presented to your
view, when the gates being open, the range of sheds on the left
met the eye, especially the centre one where the gallows is kept
packed up for future use. The gallows on the one side might
be seen and the stately carriages of my Lord Mayor and Sheriffs
on the other! Gorgeous coachmen and footmen in resplendent
liveries; magnificent civic dignitaries in elaborate liveries
too, rich with gold and bright with colour,
stepping forth from their carriages, amid loud cries of
“Make way!” holding in their white-gloved hands large
bouquets of the loveliest flowers, emblems of—what?
Crime truly has its magnificent accompaniments, and if it does
not dress itself, as of old, in the rich costumes of a Turpin or
a Duval, it is not without its beautiful surroundings.
Here, where the channels and gutters of crime converge, is built,
in the centre of the greatest commercial city in the world, the
Bailey. Mr. Bumpkin wandered about for hours through a
reeking unsavoury crowd of thieves and thieves’ companions,
idlers of every type of blackguardism, ruffians of every degree
of criminality; boys and girls receiving their finishing lessons
in crime under the dock, as they used to do only a few years ago
under the gallows. The public street is given over to the
enemies of Society; and Civilisation looks on without a shudder
or regret, as though crime were a necessity, and the Old Bailey,
in the heart of London, no disgrace.
And a little dirty, greasy hatted, black whiskered man, after
pushing hither and thither through this pestiferous crowd as
though he had business with everybody, but did not exactly know
what it was, at length approached Mr. Bumpkin; and after standing
a few minutes by his side eyeing him with keen hungry looks,
began that interesting conversation about the weather which seems
always so universally acceptable. Mr. Bumpkin was
tired. He had been wandering for hours in the street, and
was wondering when he should be called before the Grand
Jury. Mr. Alibi, that was the dark gentleman’s name,
knew all about Mr. Bumpkin’s case, his condition of mind,
and his impatience; and he said deferentially:
“You are waiting to go before the Grand Jury, I
suppose, sir?”
“I be,” answered Bumpkin.
“Where’s your policeman?” enquired
Alibi.
“I doant know,” said Bumpkin.
“What’s his number?”
“Sev’n hunderd and sev’nty.”
“O, I know,” said Alibi; “why not let me get
you before the Grand Jury at once, instead of waiting about here
all day, and perhaps to-morrow and the next day, and the day
after that; besides, the sooner you go before the Grand Jury, the
sooner your case will come on; that stands to common sense, I
think.”
“So ur do,” answered the farmer.
“You will be here a month if you don’t look
out. Have you got any counsel or solicitor?”
“Noa, I beant; my case be that plaain, it spaks for
itself.”
“Ah!” said Mr. Alibi; “they won’t
always let a case speak for itself—they very often stop
it—but if you can get a counsel for nothing, why not have
one; that stands to reason, I think?”
“For nothing? well that be the fust time I ever eeard
o’ a loryer as chape as thic.”
How it could pay was the wonder to Mr. Bumpkin. And what
a strange delusion it must seem to the mind of the general
reader! But wait, gentle peruser of this history, you shall
see this strange sight.
“If you like to have a counsel and a lawyer to conduct
your case, sir, it shall not cost you a farthing, I give you my
word of honour! What do you think of that?”
What could Mr. Bumpkin think of that? What a pity that
he had not met this gentleman before! Probably he would have brought several actions if he had; for if
you could work the machinery of the law for nothing, you would
always stand to win.
“O,” said Mr. Alibi, “here is seven hundred
and seventy! This gentleman wants a counsel, and I’ve
been telling him he can have one, and it won’t cost him
anything.”
“That’s right enough,” said the Policeman;
“but it ain’t nothin’ to do with me!”
“Just step this way, sir, we’ll soon have this
case on,” said Alibi; and he led the way to the back room
of a public-house, which seemed to be used as a
“hedge” lawyer’s office.
“Med I mak so bold, sir; be thee a loryer?”
“No,” answered Alibi, “I am clerk to Mr.
Deadandgone.”
“And don’t Mr. Deadandam charge
nothin’?”
“O dear, no!”
What a very nice man Mr. Deadandam must be!
“You see,” said Alibi, “the Crown pays
us!”
“The Crown!”
And here Mr. Alibi slipped a crown-piece into the artfully
extended palm of the policeman, who said:
“It ain’t nothin’ to do wi’ me; but
the gentleman’s quite right, the Crown pays.”
And he dropped the money into his leather purse, which he rolled
up carefully and placed in his pocket.
“You see,” said Alibi, “I act as the Public
Prosecutor, who can’t be expected to do
everything—you can’t grind all the wheat in the
country in one mill, that stands to common sense.”
“That be right, that’s werry good,”
“And,” continued Mr. Alibi, “the Government
allows two guineas for counsel, a guinea for the
solicitor, and so on, and the witnesses, don’t you
see?”
“Zactly!” said Bumpkin.
“And that’s quite enough,” continued Alibi;
“we don’t want anything from the
prosecutor—that’s right, policeman!”
“It ain’t nothink to do wi’ me,” said
the policeman; “but what this ’ere gentleman says is
the law.”
“There,” said Alibi, “I told you
so.”
“I spose,” said the policeman, “you
don’t want me, gentlemen; it ain’t nothink to do with
me?”
“Oh, no, Leary,” replied Alibi; “we
don’t want you; the case is pretty straight, I
suppose.”
“Oh, yes, sir; I expects it’ll be a plea of
guilty. There ain’t no defence, not as I’m
aware of.”
“Oh,” said Alibi, “that’s all
right—keep your witnesses together, Leary—don’t
be out of the way.”
“No, sir,” says Leary; “I thinks I knows my
dooty.”
And with this he slouched out of the room, and went and
refreshed himself at the bar.
In two or three minutes the policeman returned, and was in the
act of drawing the back of his hand across his mouth, when Alibi
said:
“Yes?”
“Beg pardin, sir; but there’s another gentleman
wants to see you—I thinks he wants you to defend ---; but
it ain’t nothink to do wi’ me, sir.”
“Very good,” answered Alibi, “very good; now
let me see—”
“You got the Baker’s case?” said Leary.
“Yes,” said Alibi; “O,
yes—embezzlement.”
Everything was thus far satisfactorily settled, and Mr. Bumpkin’s interests duly represented by Mr.
Deadandgone, an eminent practitioner. No doubt the services
of competent counsel would be procured, and the case fully
presented to the consideration of an intelligent jury.
Who shall say after this that the Old Bailey is not the
Heart of Civilization?
I pass over the preliminary canter of Mr. Bumpkin before the
Grand Jury; the decision of that judicial body, the finding of
the true bill, the return of the said bill in Court, the bringing
up of the prisoner for arraignment, and the fixing of the case to
be taken first on Thursday in deference to the wishes of Mr.
Nimble. I pass by all those preliminary proceedings which I
have before attempted to describe, and which, if I might employ a
racing simile, might be compared to the saddling of Mr. Bumpkin
in the paddock, where, unquestionably, he was first favourite for
the coming race, to be ridden by that excellent jockey, Alibi;
and come at once to the great and memorable trial of Regina on
the prosecution of Thomas Bumpkin against Simon Simpleman for
highway robbery with violence.
As the prisoner entered the dock there was a look of
unaffected innocence in his appearance that seemed to make an
impression on the learned Judge, Mr. Justice Technical, a
recently appointed Chancery barrister. I may be allowed to
mention that his Lordship had never had any experience in
Criminal Courts whatever: so he brought to the discharge of his
important duty a thoroughly unprejudiced and impartial
mind. He did not suspect that a man was guilty because he
was charged: and the respectable and harmless manner of the
accused was not interpreted by his Lordship as a piece of
consummate acting, as it would be by some Judges who have seen much of the world as it is exhibited in
Criminal Courts.
Many ladies of rank were ushered in by the Sheriff, all
looking as smiling and happy as if they were about to witness the
performance of some celebrated actress for the first time; they
had fans and opera-glasses, and as they took their places in the
boxes allotted to rank and fashion, there was quite a pleasant
sensation produced in Court, and they attracted more notice for
the time being than the prisoners themselves.
Now these ladies were not there to witness the first piece,
the mere trial of Simpleman for highway robbery, although the
sentence might include the necessary brutality of flogging.
The afterpiece was what they had come to see—namely, a
fearful tragedy, in which two men at least were sure of being
sentenced to death. This is the nearest approach to
shedding human blood which ladies can now witness in this
country; for I do not regard pigeon slaughtering, brutal and
bloodthirsty as it is, as comparable to the sentencing of a
fellow-creature to be strangled. And no one can blame
ladies of rank if they slake their thirst for horrors in the only
way the law now leaves open to them. The Beauty of Spain is
better provided for. What a blessed thing is humanity!
It is due to Mr. Newboy, the counsel for the prosecution in
the great case of Regina v. Simpleman, to say that
he had only lately been called to the Bar, and only
“instructed,” as the prisoner was placed in
the dock. Consequently, he had not had time to read his
brief. I do not know that that was a disadvantage, inasmuch
as the brief consisted in what purported to be a copy of the
depositions so illegibly scrawled that it would have required the most intense study to make out the meaning
of a single line.
Mr. Newboy was by no means devoid of ability; but no amount of
ability would give a man a knowledge of the facts of a case which
were never communicated to him. In its simplicity the
prosecution was beautifully commonplace, and five minutes’
consideration would have been sufficient to enable counsel to
master the details and be prepared to meet the defence.
Alas, for the lack of those five minutes! The more Mr.
Newboy looked at the writing (?) the more confused he got.
All he could make out was his own name, and Reg. v.
Somebody on the back.
Now it happened that Mr. Alibi saw the difficulty in which Mr.
Newboy was, and knowing that his, Alibi’s, clerk, was not
remarkable for penmanship, handed to the learned counsel at the
last moment, when the last juryman was being bawled at with the
“well and truly try,” a copy of the depositions.
The first name at the top of the first page which caught the
eye of the learned counsel, was that of the prisoner; for the
depositions commence in such a way as to show the name of the
prisoner in close proximity to, if not among the names of
witnesses.
So Mr. Newboy, in his confusion, taking the name of the
prisoner as his first witness, shouted out in a bold voice, to
give himself courage, “Simon Simpleman.”
“’Ere!” answered the prisoner.
The learned Judge was a little astonished; and, although, he
had got his criminal law up with remarkable rapidity, his
lordship knew well enough that you cannot call the prisoner as a
witness either for or against himself. Mr. Newboy perceived
his mistake and apologised. The laugh,
of course, went round against him; and when it got to Mr. Nimble,
that merry gentleman slid it into the jury-box with a turn of his
eyes and a twist of his mouth. The counsel for the
prosecution being by this time pretty considerably confused, and
not being able to make out the name of a single witness on the
depositions (there were only two) called out, “The
Prosecutor.”
“Here, I be,” said a voice from the crowd in a
tone which provoked more laughter, all of which was turned into
the jury-box by Mr. Nimble. “Here I be”
struggled manfully with all his might and main to push through
the miscellaneous crowd of all sorts and conditions that hemmed
him in. All the arrangements at the Old Bailey, like the
arrangements at most Courts, are expressly devised for the
inconvenience of those who have business there.
All eyes were turned towards “Here I be,”
as, after much pushing and struggling as though he were in a
football match, he was thrust headlong forward by three policemen
and the crier into the body of the Court. There he stood
utterly confounded by the treatment he had undergone and the
sight that presented itself to his astonished gaze.
Opera-glasses were turned on him from the boxes, the gentlemen on
the grand tier strained their necks in order to catch a glimpse
of him; the pit, filled for the most part with young barristers,
was in suppressed ecstasies; while the gallery, packed to the
utmost limit of its capacity, broke out into unrestrained
laughter. I say, unrestrained; but as the Press truly
observed in the evening papers, “it was immediately
suppressed by the Usher.”
Mr. Bumpkin climbed into the witness-box (as though he
were going up a rick), which was situated between the Judge and
the jury. His appearance again provoked a titter through
the Court; but it was not loud enough to call for any further
measure of suppression than the usual
“Si—lence!” loudly articulated in two widely
separated syllables by the crier, who had no sooner pronounced it
than he turned his face from the learned Judge and pressed his
hand tightly against his mouth, straining his eyes as if he had
swallowed a crown-piece. Mr. Bumpkin wore his long drab
frock overcoat, with the waist high up and its large flaps; his
hell-fire waistcoat, his trousers of corduroy, and his
shirt-collar, got up expressly for the occasion as though he had
been a prime minister. The ends of his neckerchief bore no
inconsiderable likeness to two well-grown carrots. In his
two hands he carefully nursed his large-brimmed well-shaped white
beaver hat; a useful article to hold in one’s hands when
there is any danger of nervousness, for nothing is so hard to get
rid of as one’s hands. I am not sure that Mr. Bumpkin
was nervous. He was a brave self-contained man, who had
fought the world and conquered. His maxim was, “right
is right,” and “wrong is no man’s
right.” He was of the upright and down-straight
character, and didn’t care “for all the counsellors
in the kingdom.” And why should he? His cause
was good, his conscience clear, and the story he had to tell
plain and “straightforrard” as himself. No
wonder then that his face beamed with a good old country smile,
such as he would wear at an exhibition where he could show the
largest “turmut as ever wur growed.” That was
the sort of smile he turned upon the audience. And as the
audience looked at the “turmut,” it felt that it was
indeed the most extraordinary specimen of
field culture it had ever beheld, and worthy of the first
prize.
“What is your name?” inquired Mr. Newboy; “I
mustn’t lead.”
“Bumpkin, and I bearned asheamed on ’im,”
answered the bold farmer.
“Never mind whether you are ashamed or not,”
interposed Mr. Nimble; “just answer the
question.”
“You must answer,” remarked the learned Judge,
“not make a speech.”
“Zackly, sir,” said Bumpkin, pulling at his
hair.
Another titter. The jury titter and hold down their
heads. Evidently there’s fun in the case.
Then Mr. Newboy questioned him about the occurrence; asked him
if he recollected such a day, and where he had been, and where he
was going, and a variety of other questions; the answer to every
one of which provoked fresh laughter; until, after much
floundering on the part of both himself and Mr. Newboy, as though
they were engaged in a wrestling match, he was asked by the
learned Judge “to tell them exactly what happened.
Let him tell his own story,” said the Judge.
“Ha!” said everybody; “now we shall hear
something!”
“I wur a gwine,” began Bumpkin,
“hoame—”
“That’s not evidence,” said Mr. Nimble.
“How so?” asks the Judge.
“It doesn’t matter where he was going to, my lord,
but where he was!”
“Well, that is so,” says the Judge; “you
mustn’t tell us, Mr. Bumpkin, whither you were going, but
where you were!”
Bumpkin scratched his head; there were too many
where’s for him.
“Can’t yon tell us,” says Mr. Newboy,
“where you were?”
“Where I were?” says Bumpkin.
A roar of laughter greeted this statement. Mr. Nimble
turning it into the jury-box like a flood.
“I wur in Lunnun—”
“Yes—yes,” says his counsel; “but what
locality?”
You might just as well have put him under a mangle, as to try
to get evidence out of him like that.
“Look,” says the Judge, “attend to me; if
you go on like that, you will not be allowed your
expenses.”
“What took place?” asks his counsel;
“can’t you tell us, man?”
“Why the thief cotch—”
“I object,” says Mr. Nimble; “you
mustn’t call him a thief; it is for the jury, my lord, to
determine that.”
“That is so,” says my lord; “you
mustn’t call him a thief, Mr. Bumpkin.”
“Beg pardon, your lord; but ur stole my
watch.”
“No—no,” says Mr. Newboy; “took your
watch.”
“An if ur took un, ur stole un, I allows,” says
Bumpkin; “for I never gin it to un.”
There was so much laughter that for some time nothing further
was said; but every audience knows better than to check the
source of merriment by a continued uproar; so it waited for
another supply.
“You must confine yourself,” says the Judge,
“to telling us what took place.”
“I’ll spak truth and sheam t’ devil,”
says Bumpkin.
“Now go on,” says Newboy.
“The thief stole my watch, and that be t’
plain English on ’t.”
“I shall have to commit you to prison,” says the
Judge, “if you go on like that; remember you are upon your
oath, and it’s a very serious thing—serious for you
and serious for the young man at the bar.”
At these touching words, the young man at the bar burst out
crying, said “he was a respectable man, and it was all got
up against him;” whereupon Mr. Nimble said “he must
be quiet, and that his lordship and the gentlemen in the box
would take care of him and not allow him to be trampled
on.”
“You are liable,” said the Judge, “to be
prosecuted for perjury if you do not tell the truth.”
“Well, then, your lord, if a man maun goo to prison for
losin’ his watch, I’ll goo that’s all; but that
ere man stole un.”
Mr. Newboy: “He took it, did he?”
“I object,” said Mr. Nimble; “that is a
leading question.”
“Yes,” said the Judge; “I think that is
rather leading,” Mr. Newboy; “you may vary the form
though, and ask him whether the prisoner stole it.”
“Really, my lord,” said Mr. Nimble, “that,
with very great respect, is as leading as the other
form.”
“Not quite, I think, Mr. Nimble. You see in the
other form, you make a positive assertion that he did steal it;
in this, you merely ask the question.”
And I saw that this was a very keen and subtle distinction,
such as could only be drawn by a Chancery Judge.
“Would it not be better, my lord, if he told us what
took place?”
“That is what he is doing,” said the Judge;
“go on, witness.”
“I say as ’ow thic feller comed out and hugged up
aginst I and took ’t watch and runned away. I
arter’d him, and met him coomin’ along wi’ it
in ’s pocket; what can be plaainer an thic?”
There was great laughter as Mr. Bumpkin shook his head at the
learned counsel for the defence, and thumped one hand upon the
ledge in front of him.
“That will do,” said Mr. Newboy, sitting down
triumphantly.
Then the counsel for the defence arose, and a titter again
went round the Court, and there was a very audible adjustment of
persons in preparation for the treat that was to come.
“May the prisoner have a seat, my lord?”
“Oh, certainly,” said his lordship; “let an
easy-chair be brought immediately.”
“Now then, Mr. Bumpkin, or whatever your name is,
don’t lounge on the desk like that, but just stand up and
attend to me. Stand up, sir, and answer my
questions,” says Mr. Nimble.
“I be standin’ oop,” said Bumpkin,
“and I can answer thee; ax away.”
“Just attend,” said the Judge. “You
must not go on like that. You are here to answer questions
and not to make speeches. If you wish those gentlemen to
believe you, you must conduct yourself in a proper manner.
Remember this is a serious charge, and you are upon your
oath.”
Poor Bumpkin! Never was there a more friendless position
than that of Ignorance in the witness-box.
“Just attend!” repeated Mr. Nimble; this
was a favourite expression of his.
“How may aliases have you?”
“Ow many who?” asked Bumpkin. (Roars of
laughter.)
“How many different names?”
“Naames! why I s’pose I got two, like moast
people.”
“How many more?”
“None as iver I knowed of.”
“Wait a bit, we shall see. Now, sir, will you
swear you have never gone by the name of Pumpkin?”
Loud laughter, in which the learned judge tried not to
join.
“Never!”
“Do you swear it?”
“I do.”
“My lord, would you kindly let me see the
depositions. Now look here, sir, is that your
signature?”
“I ain’t much of a scollard.”
“No; but you can make a cross, I suppose.”
“Ay, I can make a cross, or zummut in imitation as well
as any man.”
“Look at that, is that your cross?”
“It look like un.”
“Now then, sir; when you were before the Lord Mayor, I
ask you, upon your oath, did you not give the name of
Pumpkin?”
“Noa, I din’t!”
“Was this read over to you, and were you asked if it was
correct?”
“It med be.”
“Med be; but wasn’t it? You know it was, or,
don’t you?”
Bumpkin seemed spiked, so silent; seemed on fire, so
red.
“Well, we know it was so. Now, my lord, I call
your lordship’s attention to this remarkable fact; here in
the depositions he calls himself Pumpkin.”
His lordship looks carefully at the depositions and says that
certainly is so.
Mr. Newboy rises and says he understands that it may be a
mistake of the clerk’s.
Judge: “How can you say that, Mr. Newboy, when
it’s in his affidavit?”
(Clerk of Arraigns whispers to his lordship.) “I
mean in his depositions, as I am told they are called in this
Court; these are read over to him by the clerk, and he is asked
if they are correct.” Shakes his head.
(So they began to try the prisoner, not so much on the merits
of the case as on the merits of the magistrate’s
clerk.)
“You certainly said your name was Pumpkin,” said
the Judge, “and what is more you swore to it.”
(“They’ve got the round square at work,”
muttered a voice in the gallery.)
Mr. Nimble: “Now just attend; have you ever gone so far
as to say that this case did not refer to you because your name
was not Bumpkin?”
The witness hesitates, then says “he b’leeves
not.”
“Let those two gentlemen, Mr. Crackcrib and Mr.
Centrebit, step forward.”
There was a bustle in Court, and then, with grinning faces, up
stepped the two men who had visited Mr. Bumpkin at the
“Goose” some days before.
“Have you ever seen these gentlemen before?” asks
the learned counsel.
The gentlemen alluded to looked up as if they had practised it together, and both grinned. How can
Mr. Bumpkin’s confusion be described? His under jaw
fell, and his head drooped; he was like one caught in a net
looking at the fowler.
The question was repeated, and Mr. Bumpkin wiped his face and
returned his handkerchief into the depths of his hat, into which
he would have liked to plunge also.
Question repeated in a tone that conveyed the impression that
witness was one of the biggest scoundrels in the Heart of
Civilization.
“You must really answer,” says the Judge.
“They be put on, your lordship.”
“No, no,” says the counsel, “you
mustn’t say that, I’ll have an answer. Have you
seen them before?”
“Yes,” muttered the prosecutor.
“Let them go out of Court. Now then,” says
the counsel, extending his right hand and his forefinger and
leaning towards the witness,
“have—you—not—told—them—that—this
case was nothing to do with you as your name wasn’t
Bumpkin?”
“My lord,” says the witness.
“No, no; you must answer.”
The witness stood confounded.
“You decline to answer,” says the counsel.
“Very well; now then, let me see if you will decline to
answer this. When you were robbed, as you say, was anybody
with you?”
“Be I obligated to answer, my lord?”
“I think you must answer,” said his lordship.
“There wur.”
“Who was it?”
“A companion, I s’poase.”
“Yes, but who was he? what was his name?”
No answer.
“You’d rather not answer; very well. Where
does he live?”
“I doant know. Westmunster, I believe.”
“Is he here?”
“Not as I knows on.”
(“What a lark this is,” chuckled the Don, as he
sat in the corner of the gallery peeping from behind the front
row.)
“Did he see the watch taken?”
“He did, leastways I s’poase so.”
“And has never appeared as a witness?”
“How is that?” asks his lordship.
“He axed me, m’lud, not to say as ’ow he wur
in it.”
Judge shakes his head. Counsel for the prisoner shakes
his head at the jury, and the jury shake their heads at one
another.
Now in the front row of the gallery sat five young men in the
undress uniform of the hussars: they were Joe and his brother
recruits come to hear the famous trial. At this moment Mr.
Bumpkin in sheer despair lifted his eyes in the direction of the
gallery and immediately caught sight of his old servant. He
gave a nod of recognition as if he were the only friend left in
the wide world of that Court of Justice.
“Never mind your friends in the gallery,” said Mr.
Nimble; “I dare say you have plenty of them about; now
attend to this question:”—Yes, and a nice question it
was, considering the tone and manner with which it was
asked. “At the moment when you were being robbed, as
you say, did a young woman with a baby in her arms come
up?”
The witness’s attention was again distracted, but this
time by no such pleasing object as on the former
occasion. He was dumbfoundered; a sparrow facing an owl
could hardly be in a greater state of nervousness and
discomfiture: for down in the well of the Court, a place where he
had never once cast his eyes till now, with a broad grin on his
coarse features, and a look of malignant triumph, sat the
fiendlike Snooks! His mouth was wide open, and
Bumpkin found himself looking down into it as though it had been
a saw-pit. By his side sat Locust taking notes of the
cross-examination.
“What are you looking at, Mr. Bumpkin?” inquired
the learned counsel.
Mr. Bumpkin started.
“What are you looking at?”
“I wur lookin’ doun thic there hole in thic
feller’s head,” answered Bumpkin.
Such a roar of laughter followed this speech as is seldom
heard even in a breach of promise case, where the most touching
pathos often causes the greatest amusement to the audience.
“What a lark!” said Harry.
“As good as a play,” responded Dick.
“I be sorry for the old chap,” said Joe;
“they be givin’ it to un pooty stiff.”
“Now attend,” said the counsel, “and never
mind the hole. Did a young woman with a baby come
up?”
“To the best o’ my b’leef.”
“Don’t say to the best of your belief; did she or
not?”
“He can only speak to the best of his belief,”
said the Judge.
(“There’s the round square,” whispered
O’Rapley.)
“Did she come up then to the best of your
belief?”
“Yes.”
“And—did—she—accuse—you—to
the best of your belief of assaulting her?”
“I be a married man,” answered the witness.
(Great laughter.)
“Yes, we know all about you; we’ll see who you are
presently. Did she accuse you, and did you run
away?”
“I runned arter thic feller.”
“No, no; did she accuse you?”
“She might.”
The learned counsel then sat down with the quickest motion
imaginable, and then the policeman gave his evidence as to taking
the man into custody; and produced the huge watch. Mr.
Bumpkin was recalled and asked how long he had had it, and where
he bought it; the only answers to which were that he had had it
five years, and bought it of a man in the market; did not know
who he was or where he came from; all which answers looked very
black against Mr. Bumpkin. Then the policeman was asked to
answer this question—yes or no. “Did he know
the prisoner?” He said “No.”
Mr. Nimble said to the jury, “Here was a man dressing
himself up as an old man from the country (laughter) prowling
about the streets of London in company with an associate whose
name he dared not mention, and who probably was well-known to the
police; here was this countryman actually accused of committing
an assault in the public streets on a young woman with a baby in
her arms: he runs away as hard as his legs will carry him and
meets a man who is actually wearing the watch that this Bumpkin
or Pumpkin charges him with stealing. He, the learned
counsel, would call witness after witness to speak to
the character of his client, who was an engraver (I believe he
was an engraver of bank notes); he would call witness after
witness who would tell them how long they had known him, and how
long he had had the watch; and, curiously enough, such curious
things did sometimes almost providentially take place in a Court
of Justice, he would call the very man that poor Mr. Simpleman
had purchased it of five years ago, when he was almost, as you
might say, in the first happy blush of boyhood (that ‘blush
of boyhood’ went down with many of the jury who were fond
of pathos); let the jury only fancy! but really would it be
safe—really would it be safe, let him ask them upon their
consciences, which in after life, perhaps years to come, when
their heads were on their pillows, and their hands upon their
hearts, (here several of the jury audibly sniffed), would those
consciences upbraid, or would those consciences approve them for
their work to-day? would it be safe to convict after the
exhibition the prosecutor had made of himself in that box, where,
he ventured to say, Bumpkin stood self-condemned before that
intelligent jury.”
Here the intelligent jury turned towards one another, and
after a moment or two announced, through their foreman (who was a
general-dealer in old metal, in a dark street over the water),
that if they heard a witness or two to the young man’s
character that would be enough for them.
Witnesses, therefore, were called to character, and the young
man was promptly acquitted, the jury appending to their verdict
that he left the Court without a stain upon his character.
“Bean’t I ’lowed to call witnesses to
charickter?” asks the Prosecutor.
“Oh, no,” replied Mr. Nimble; “we
know your character pretty well.”
“What’s that?” inquired the Judge.
“He wants to know, my lord,” says Mr. Nimble,
laughing, “if he may call witnesses to
character!”
“Oh dear, no,” says the Judge; “you were not
being tried.”
Now many persons might have been of a different opinion from
his lordship on this point. Snooks for one, I think; for he
gave a great loud vulgar haw! haw! haw! and said, “I could
ha’ gien him a charakter.”
“Si-lence!” said the Usher.
“May the prisoner have his watch, my lord?” asks
Mr. Nimble.
“O, yes,” said his lordship, “to be
sure. Give the prisoner his watch.”
“His watch,” groaned a voice.