appearance about the region which bears witness to the fist of an acquaintance; a bushy moustache of a fine blue-black dye; a head of thick black hair, not too intimately acquainted with that modern innovation on manly habits, the comb—you may perhaps have some notion of his physical qualifications. But nothing could ever give a full or just idea of the recklessness, the effrontery of his manner, the twinkle in his eye, the expression in every pimple of that radiant nose, or the depth of meaning he could convey by one twitch of his moustache, or one shake of his forest of black ringlets.
His costume inclined towards the fast and furious, consisting of a pair of loose Scotch plaid unmentionables, a bright blue great-coat, no under-coat or waistcoat, a great deal of shirt ornamented with death’s-heads and pink ballet-dancers—to say nothing of coffee and tobacco stains, and enough sham gold chain meandering over his burly breast to make up for every deficiency. While he was being duly sworn, the eyes of the witness wandered with a friendly and pitying glance towards the wretched prisoner at the bar.
“You are a member of the medical profession?”
“I am.”
“You were, I believe, in the company of the prisoner the night of his departure from London for this town?”
“I was.”
“What was the conduct of the prisoner on that night?”
“Rum.”
On being further interrogated, the witness stated that he had known Mr. Richard Marwood for many years, being himself originally a Slopperton man.
“Can you tell what led the prisoner to determine on returning to his mother’s house in the month of November last?”
“Blue devils,” replied the witness, with determined conciseness.
“Blue devils?”
“Yes, he’d been in a low way for three months, or more; he’d had a sharp attack of delirium tremens, and a touch of his old complaint—”
“His old complaint?”
“Yes, brain-fever. During the fever he talked a great deal of his mother; said he had killed her by his bad conduct, but that he’d beg her forgiveness if he walked to Slopperton on his bare feet.”
“Can you tell me at what date he first expressed this desire to come to Slopperton?”
“Some time during the month of September.”
“Did you during this period consider him to be in a sound mind?”
“Well, several of my friends at Guy’s used to think rather the reverse. It was customary amongst us to say he had a loose slate somewhere.”
The counsel for the prosecution taking exception to this phrase “loose slate,” the witness went on to state that he thought the prisoner very often off his nut; had hidden his razors during his illness, and piled up a barricade of furniture before the window. The prisoner was remarkable for reckless generosity, good temper, a truthful disposition, and a talent for doing everything, and always doing it better than anybody else. This, and a great deal more, was elicited from him by the advocate for the defence.
He was cross-examined by the counsel for the prosecution.
“I think you told my learned friend that you were a member of the medical profession?”
“I did.”
Was first apprenticed to a chemist and druggist at Slopperton, and was now walking one of the hospitals in London with a view to attaining a position in the profession; had not yet attained eminence, but hoped to do so; had operated with some success in a desperate case of whitlow on the finger of a servant-girl, and should have effected a surprising cure, if the girl had not grown impatient and allowed her finger to be amputated by a rival practitioner before the curative process had time to develop itself; had always entertained a sincere regard for the prisoner; had at divers times borrowed money of him; couldn’t say he remembered ever returning any; perhaps he never had returned any, and that might account for his not remembering the circumstance; had been present at the election of, and instrumental in electing the prisoner a member of a convivial club called the “Cheerful Cherokees.” No “Cheerful Cherokee” had ever been known to commit a murder, and the club was convinced of the prisoner’s innocence.
“You told the court and jury a short time ago, that the prisoner’s state on the last night you saw him in London was ‘rum,’ ” said the learned gentleman conducting the prosecution; “will you be good enough to favour us with the meaning of that adjective—you intend it for an adjective, I presume?”
“Certainly,” replied the witness. “Rum, an adjective when applied to a gentleman’s conduct; a substantive when used to denominate his tipple.”
The counsel for the prosecution doesn’t clearly understand the meaning of the word “tipple.”
The witness thinks the learned gentleman had better buy a dictionary before he again assists in a criminal prosecution.
“Come, come, sir,” said the judge; “you are extremely impertinent. We don’t want to be kept here all night. Let us have your evidence in a straightforward manner.”
The witness squared his elbows, and turned that luminary, his nose, full on his lordship, as if it had been a bull’s-eye lantern.
“You used another strange expression,” said the counsel, “in answer to my friend. Will you have the kindness to explain what you mean by the prisoner having ‘a loose slate’?”
“A tile off. Something wrong about the roof—the garret—the upper story—the nut.”
The counsel for the prosecution confessed himself to be still in the dark.
The witness declared himself sorry to hear it—he could undertake to give his evidence; but he could not undertake to provide the gentleman with understanding.
“I will trouble you to be respectful in your replies to the counsel for the crown,” said the judge.
The medical student’s variegated eye looked defiantly at his lordship; the counsel for the crown had done with him, and he retired from the witness-box, after bowing to the judge and jury with studious politeness.
The next witnesses were two medical gentlemen of a different stamp to the “Cheerful Cherokee,” who had now taken his place amongst the spectators.
These gentlemen gave evidence of having attended the prisoner some years before, during brain-fever, and having very much feared the fever would have resulted in the loss of the patient’s reason.
The trial had by this time lasted so long, that the juryman who had a ticket for the public dinner began to feel that his card of admission to the festive board was so much waste paste-board, and that the green fat of the turtle and the prime cut from the haunch of venison were not for him.
The counsel for the prosecution delivered himself of his second address to the jury, in which he endeavoured to demolish the superstructure which his “learned friend” had so ingeniously raised for the defence. Why should the legal defender of a man whose life is in the hands of the jury not be privileged to address that jury in favour of his client as often, at least, as the legal representative of the prosecutor?
The judge delivered his charge to the jury.
The jury retired, and in an hour and fifteen minutes returned.
They found that the prisoner, Richard Marwood, had murdered his uncle, Montague Harding, and had further beaten and injured a half-caste servant in the employ of his uncle, while suffering from aberration of intellect—or, in simple phraseology, they found the prisoner “Not Guilty, on the ground of insanity.”
The prisoner seemed little affected by the verdict. He looked with a vacant stare round the court, removed the bouquet of rue from his button-hole and placed it in his bosom; and then said, with a clear distinct enunciation—
“Gentlemen