Read Ebook: Blackwood's Edinburgh Magazine Vol. 68 No 420 October 1850 by Various

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second third:--

"They could not have raised these men with a view to relieve the prisoners at the Westgate, because at the time they collected on the mountain they had not been taken. But had it any relation to Vincent? What is their intention? We have been told again and again that Mr Frost must not be supposed likely to do absurd things; that he is a man of the world and a man of intelligence. What then, gentlemen, do you think of an attempt to induce the Monmouthshire magistrates to relax the prison discipline in favour of a person who has been convicted of sedition, or seditious libel, or something of that sort, by marching into Newport with ten thousand men armed? What do you think of a man of the world resorting to that mode of inducing the magistrates to relax in favour of a prisoner? Is Mr Frost a man of intelligence? Is he a man of the world? Suppose he had been the worst foe that Vincent ever had, suppose that he had desired to procure additional restrictions to be put upon him, and had wished that he should sustain the last hour of the sentence which had been pronounced upon him, could he have resorted to a more maliciously effective mode than by showing that those who were connected with Vincent were persons so little acquainted with their duty, so little obedient to the law, so little to be depended upon for their peaceable conduct, as that they would march at that hour of the night into a town, alarming and frightening every body?"--

Again:--

"Gentlemen, will you judge of the criminal intentions of persons engaged in an insurrection by the probability of their success? If you do, you will judge of a mob by a rule that never was found correct yet. They always imagine--and they would not begin if they did not imagine, though they always imagine wrong, but they never will learn wisdom--they always imagine that they can accomplish more than they can; of course they begin, not with the idea of fastening a halter round their necks, but with the idea that they shall succeed, and by their success escape. With those thousands of men was it an unnatural thing that, coming at between one and two o'clock in the morning, they should surprise the poor-house; that the soldiers, not being aware that they were coming, might not be prepared--might be taken by surprise--might be either overcome or murdered before they could put themselves in a condition to defend themselves?

The circumstance of Frost's having been found with the loaded pistols, and not having attempted to use them, is thus significantly disposed of:--

There has been no counsel at the English bar, in modern times, whose reply was more dreaded by an opponent than Sir Thomas Wilde; and that reply, in Frost's case, abundantly shows how well founded was that apprehension.

That jury retired from court for half-an-hour, and then returned, amidst the solemn excited silence of the court--crowded to suffocation--with the fatal verdict, "Guilty;" adding, "My lords, we wish to recommend the prisoner to the merciful consideration of the court." Sentence was not immediately passed upon him. He was removed from court; and on its re-assembling on the ensuing morning, Zephaniah Williams was placed at the bar, tried, and in due course found guilty; on which William Jones was in like manner arraigned, tried, and found guilty; each being recommended by the jury to mercy. Scared by this result, five of the ringleaders resolved to throw themselves on the mercy of the Crown, withdrawing their pleas of not guilty, and pleading guilty--it having been intimated that the sentence of death should be commuted into transportation for life. The Attorney-General thought it expedient, in the case of the remaining four prisoners, who were less deeply implicated, to allow a verdict of not guilty to be recorded.

On the 16th January, Frost, Williams, and Jones were brought up to the bar to receive sentence of death, which the Lord Chief-Justice prefaced by a very solemn address, listened to in breathless silence. An imposing scene of judicial solemnity and terror, indeed, the court at that agitating moment exhibited. Without were strong detachments of soldiery, foot and horse, guarding the public peace: within were an anxious auditory, commanded to keep silence under pain of fine and imprisonment, while sentence of death was being passed upon the prisoners. There were, in the midst of the throng, two groups awfully contrasted in character and position--the three prisoners, standing pale and subdued; and, sitting opposite, the three judges, each wearing his black cap; while the following heart-sickening words fell from the lips of the Lord Chief-Justice:--

Whether the words placed in italics should ever again be pronounced on such an occasion, barbarously prescribing a revolting outrage on the dead, which it is known, at the time, cannot be perpetrated in these days of enlightened humanity, is a point which cannot admit of debate. The practice ought forthwith to be abolished, and by statute, if such be necessary.

"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--

The NOES--

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

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, 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.

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.

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 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.

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, 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, 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 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.

The agricultural outvoters--many of whom, not living under Lord Lansmere, but being small yeomen, had hitherto prided themselves on their independence, and gone against my Lord--could not in their hearts go against one who was every inch the farmer's friend. They began to share in the Earl's personal interest against the Man from Baker Street; and big fellows, with legs bigger round than Captain Dashmore's tight little body, and huge whips in their hands, were soon seen entering the shops, "intimidating the electors," as Captain Dashmore indignantly declared.

These new recruits made a great difference in the muster-roll of the Lansmere books; and when the day for polling arrived, the result was a fair question for even betting. At the last hour, after a neck-and-neck contest, Mr Audley Egerton beat the Captain by two votes. And the names of these voters were John Avenel, resident freeman, and his son-in-law, Mark Fairfield, an outvoter, who, though a Lansmere freeman, had settled in Hazeldean, where he had obtained the situation of head carpenter on the Squire's estate.

These votes were unexpected; for, though Mark Fairfield had come to Lansmere on purpose to support the Squire's brother, and though the Avenels had been always staunch supporters of the Lansmere Blue interest, yet a severe affliction had befallen both these persons, and they had left the town on the very day after Lord L'Estrange and Mr Egerton had quitted Lansmere Park.

Whatever might have been the gratification of the Squire, as a canvasser and a brother, at Mr Egerton's triumph, it was much damped when, on leaving the dinner given in honour of the victory at the Lansmere Arms, and about, with no steady step, to enter the carriage which was to convey him to his Lordship's house, a letter was put into his hands by one of the gentlemen who had accompanied the Captain to the scene of action; and the perusal of that letter, and a few whispered words from the bearer thereof, sent the Squire back to Mrs Hazeldean a much soberer man than she had ventured to hope for. The fact was, that on the day of nomination, the Captain having honoured Mr Hazeldean with many poetical and figurative appellations--such as "Prize Ox," "Tony Lumpkin," "Blood-sucking Vampire," and "Brotherly Warming-Pan," the Squire had retorted by a joke about "Salt Water Jack;" and the Captain, who, like all satirists, was extremely susceptible and thin-skinned, could not consent to be called "Salt Water Jack" by a "Prize Ox" and a "Blood-sucking Vampire." The letter, therefore, now conveyed to Mr Hazeldean by a gentleman, who, being from the Sister Country, was deemed the most fitting accomplice in the honourable destruction of a brother mortal, contained nothing more nor less than an invitation to single combat; and the bearer thereof, with the suave politeness enjoined by etiquette on such well-bred homicidal occasions, suggested the expediency of appointing the place of meeting in the neighbourhood of London, in order to prevent interference from the suspicious authorities of Lansmere.

The natives of some countries--the French in particular--think little of that formal operation which goes by the name of DUELLING. Indeed, they seem rather to like it than otherwise. But there is nothing your thorough-paced Englishman--a Hazeldean of Hazeldean--considers with more repugnance and aversion, than that same cold-blooded ceremonial. It is not within the range of an Englishman's ordinary habits of thinking. He prefers going to law--a much more destructive proceeding of the two. Nevertheless, if an Englishman must fight, why, he will fight. He says "it is very foolish;" he is sure "it is most unchristianlike;" he agrees with all that Philosopher, Preacher, and Press have laid down on the subject; but he makes his will, says his prayers, and goes out, like a heathen!

It never, therefore, occurred to the Squire to show the white feather upon this unpleasant occasion. The next day, feigning excuse to attend the sale of a hunting stud at Tattersall's, he ruefully went up to London, after taking a peculiarly affectionate leave of his wife. Indeed, the Squire felt convinced that he should never return home except in a coffin. "It stands to reason," said he to himself, "that a man who has been actually paid by the King's Government for shooting people ever since he was a little boy in a midshipman's jacket, must be a dead hand at the job. I should not mind if it was with double-barrelled Mantons and small shot; but, ball and pistol! they arn't human nor sportsmanlike!" However, the Squire, after settling his worldly affairs, and hunting up an old College friend who undertook to be his second, proceeded to a sequestered corner of Wimbledon Common, and planted himself, not sideways, as one ought to do in such encounters, but full front to the mouth of his adversary's pistol, with such sturdy composure, that Captain Dashmore, who, though an excellent shot, was at bottom as good-natured a fellow as ever lived, testified his admiration by letting off his gallant opponent with ball in the fleshy part of the shoulder; after which he declared himself perfectly satisfied. The parties then shook hands, mutual apologies were exchanged, and the Squire, much to his astonishment to find himself still alive, was conveyed to Limmer's Hotel, where, after a considerable amount of anguish, the ball was extracted, and the wound healed. Now it was all over, the Squire felt very much raised in his own conceit; and, when he was in a humour more than ordinarily fierce, that perilous event became a favourite allusion with him.

The Squire's carpenters were taken from the park pales, and set to work at the parish stocks. Then came the painter and coloured them a beautiful dark blue, with a white border--and a white rim round the holes--with an ornamental flourish in the middle. It was the gayest public edifice in the whole village--though the village possessed no less than three other monuments of the Vitruvian genius of the Hazeldeans:--to wit, the alms-house, the school, and the parish pump.

A more elegant, enticing, coquettish pair of stocks never gladdened the eye of a justice of the peace.

Quite apart from all the rest, with the nonchalant survey of virgin dandyism, Francis Hazeldean looked over one of the high starched neckcloths which were then the fashion--a handsome lad, fresh from Eton for the summer holidays, but at that ambiguous age, when one disdains the sports of the boy, and has not yet arrived at the resources of the man.

"I should be glad, Frank," said the Squire, suddenly turning round to his son; "to see you take a little more interest in duties which, one day or other, you may be called upon to discharge. I can't bear to think that the property should fall into the hands of a fine gentleman, who will let things go to rack and ruin, instead of keeping them up as I do."

And the Squire pointed to the stocks.

Master Frank's eye followed the direction of the cane, as well as his cravat would permit; and he said, drily--

"Yes, sir; but how came the stocks to be so long out of repair?"

"Because one can't see to everything at once," retorted the Squire, tartly. "When a man has got eight thousand acres to look after, he must do a bit at a time."

"Yes," said Captain Barnabas. "I know that by experience."

"The deuce you do!" cried the Squire, bluntly. "Experience in eight thousand acres!"

"No--in my apartments in the Albany. No. 3 A. I have had them ten years, and it was only last Christmas that I bought my Japan cat."

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