1 00:00:03,920 --> 00:00:05,600 Judas! 2 00:00:09,560 --> 00:00:10,920 My client's life is at stake! 3 00:00:10,960 --> 00:00:13,080 Guilty.No! 4 00:00:13,120 --> 00:00:14,560 No! No! 5 00:00:17,800 --> 00:00:19,480 Are you the monster? 6 00:00:20,560 --> 00:00:22,200 SCREAMS 7 00:00:22,240 --> 00:00:24,600 Thou must be a ruffian to get at the truth. 8 00:00:24,640 --> 00:00:26,960 The court is yours not Garrow's. 9 00:00:27,000 --> 00:00:28,480 You are not sentenced yet. 10 00:00:33,240 --> 00:00:36,720 Are you aware of the role this trial will play in our nation's history? 11 00:00:36,760 --> 00:00:40,400 He was slain by them!You may have trained me but you do not own me. 12 00:00:40,440 --> 00:00:42,080 Blast your eyes, you damned bitch! 13 00:00:42,120 --> 00:00:43,960 Mr Garrow! 14 00:00:44,000 --> 00:00:47,120 These are the men who will decide what charge you face. 15 00:00:47,160 --> 00:00:50,320 Your law is weak if men can bend it to their will. 16 00:00:50,360 --> 00:00:53,360 Damn the lot of you! This is a lynching, not a trial! 17 00:02:09,360 --> 00:02:11,920 Next prisoner! 18 00:02:13,920 --> 00:02:20,320 Eliza Radnell, spinster was indicted for that she on the 26th of April... 19 00:02:20,360 --> 00:02:22,680 Oh, please take pity, sirs, tis my wife. 20 00:02:22,720 --> 00:02:26,680 ..house of Thomas Langstaffe did breach and enter, 21 00:02:26,720 --> 00:02:29,840 no person being therein and stealing 22 00:02:29,880 --> 00:02:35,320 thenceone linen shift, one pair of worsted stockings, twelvepence. 23 00:02:35,360 --> 00:02:41,680 I call the prosecutrix, Mrs Mary Langstaffe. 24 00:02:41,720 --> 00:02:43,920 Would that the jury concentrate as much as you. 25 00:02:43,960 --> 00:02:46,000 Then this would be a much improved place. 26 00:02:46,040 --> 00:02:49,560 As for your place, it is not here alas.Just one more case! 27 00:02:49,600 --> 00:02:52,440 You are not employed here. 28 00:02:52,480 --> 00:02:55,240 Will! 29 00:02:55,280 --> 00:02:59,120 I came home and found her within. 30 00:02:59,160 --> 00:03:01,360 I asked her how she got in, she could not tell. 31 00:03:01,400 --> 00:03:05,120 I asked her what business she had with my things, she could not tell. 32 00:03:05,160 --> 00:03:10,800 I got assistance and kept her there until the parish beadle came over. 33 00:03:10,840 --> 00:03:12,480 Mr Crompton will not be pleased. 34 00:03:12,520 --> 00:03:14,560 It is drudgery there. 35 00:03:14,600 --> 00:03:17,160 I was not called to the bar to be buried in book dust. 36 00:03:17,200 --> 00:03:21,560 The prisoner shall speak for herself in her own defence. 37 00:03:21,600 --> 00:03:24,640 And again and as ever, no defence counsel for the prisoner. 38 00:03:24,680 --> 00:03:30,600 I beg your pardon, sir, but I had drunk part of four pints of two penny. 39 00:03:30,640 --> 00:03:34,040 I let myself in the house to sleep, I put the clothes on for warmth. 40 00:03:34,080 --> 00:03:36,000 LAUGHTER 41 00:03:36,040 --> 00:03:39,320 Jurymen, consider your verdict. 42 00:03:48,200 --> 00:03:50,000 You have reached a verdict?Guilty! 43 00:03:50,040 --> 00:03:52,800 No! CHEERING 44 00:03:52,840 --> 00:03:55,240 It did not take them long to confer. 45 00:03:55,280 --> 00:03:57,280 The sentence is branding. 46 00:03:57,320 --> 00:04:00,920 No!Relative to transportation, it is a mercy. 47 00:04:00,960 --> 00:04:04,440 But she may have been telling the truth, that she was not guilty. 48 00:04:04,480 --> 00:04:11,240 The wisdom of the court observes that it requires no manner of skill to make a plain and honest defence. 49 00:04:11,280 --> 00:04:14,440 But it will, one day it will. SHE SCREAMS 50 00:04:14,480 --> 00:04:18,400 BRANDING HISSES JEERING 51 00:04:18,440 --> 00:04:20,240 An acquittal shall follow! 52 00:04:21,120 --> 00:04:28,160 Will, when you have a criminal brief, it will be your duty to address a court of law but not now. 53 00:04:28,200 --> 00:04:32,320 Nicholas Porter is indicted for stealing two fat hogs 54 00:04:32,360 --> 00:04:37,120 value 40 shillings and 18live fowls value nine shillings... 55 00:04:38,280 --> 00:04:40,080 Mr Southouse! 56 00:04:40,120 --> 00:04:42,200 You have business in there this afternoon? 57 00:04:42,240 --> 00:04:48,560 A silk merchant prosecuted by a creditor with half a guinea to enlist me as his attorney. 58 00:04:48,600 --> 00:04:50,960 Is he in need of counsel, I should very much like to help. 59 00:04:51,000 --> 00:04:52,800 You should hurry. 60 00:05:13,200 --> 00:05:15,400 Mr Garrow? 61 00:05:15,440 --> 00:05:16,920 Mr Crompton. 62 00:05:34,960 --> 00:05:38,080 Brandy here. This man's not long been robbed at gunpoint! 63 00:05:39,640 --> 00:05:41,200 Come on. Come and sit down. 64 00:05:42,760 --> 00:05:47,440 The wretch clapped a pistol to my breast and demanded my money! 65 00:06:07,000 --> 00:06:09,640 Whoa! 66 00:06:11,320 --> 00:06:16,240 You robbed this gentleman, you wretch. And now you'll be brought to justice. 67 00:06:23,760 --> 00:06:26,680 Mr Southouse! I've never been inside Newgate, I would learn from it. 68 00:06:26,720 --> 00:06:29,360 I'm not there to furnish you with experience. 69 00:06:29,400 --> 00:06:33,480 Well, what then?A very faithful and sincere young woman has 70 00:06:33,520 --> 00:06:37,040 sold half her possessions to pay for my service on behalf of her brother. 71 00:06:37,080 --> 00:06:40,320 It is a limited service, you cannot appear in court, you may tell him 72 00:06:40,360 --> 00:06:43,480 who and what is sworn against him and help prepare his speech... 73 00:06:43,520 --> 00:06:45,000 And it may save his life.It may. 74 00:06:45,040 --> 00:06:48,200 Mr Southouse, I promise I will not speak I will merely observe. 75 00:06:48,240 --> 00:06:50,880 I have seen you observe at the Old Bailey. 76 00:06:50,920 --> 00:06:55,400 Your eyes are very busy as is your mouth, unfortunately.I cannot stay in the Pleader's Office! 77 00:06:55,440 --> 00:06:57,400 Then head for Quarter Sessions. 78 00:06:57,440 --> 00:07:01,840 Pass paupers from one parish to another! Oppose dancing licences... 79 00:07:01,880 --> 00:07:03,840 I will be an Old Bailey barrister 80 00:07:03,880 --> 00:07:08,440 and I will seek any attorney for my briefs but I would rather you embraced me, dear mentor. 81 00:07:10,240 --> 00:07:12,760 Very well... 82 00:07:12,800 --> 00:07:15,240 but in silence. 83 00:07:24,120 --> 00:07:28,600 Mr Southouse, always a pleasure to see you going about your business. 84 00:07:28,640 --> 00:07:30,160 My er... 85 00:07:30,200 --> 00:07:32,000 His humble servant. 86 00:07:32,040 --> 00:07:33,680 Peter Pace, please. 87 00:07:33,720 --> 00:07:35,200 This way, gentlemen. 88 00:07:36,880 --> 00:07:43,200 So, the young lady's brother was brought before the justice for violent theft and highway robbery. 89 00:07:43,240 --> 00:07:46,040 Half a guinea is a not inconsiderable sum... 90 00:07:46,080 --> 00:07:49,200 but for his life, it may be a bargain. 91 00:07:50,760 --> 00:07:52,240 Thank you. 92 00:08:04,520 --> 00:08:06,360 Peter, this is Mr Southouse your attorney. 93 00:08:06,400 --> 00:08:09,960 I never saw my accusers at all until they come up to me and knocked me off my horse. 94 00:08:10,000 --> 00:08:13,480 They stamped on my head, they said they would butcher me for what I done. 95 00:08:13,520 --> 00:08:15,280 They said, "Damn his eyes, kill him!" 96 00:08:15,320 --> 00:08:18,640 My pen is not yet out of my pocket, Mr Pace. 97 00:08:18,680 --> 00:08:20,160 Please... 98 00:08:26,480 --> 00:08:32,520 Now then, tell me, at magistrate's court, what passed? 99 00:08:32,560 --> 00:08:34,920 I cannot exactly recall. 100 00:08:34,960 --> 00:08:36,600 My mind was not set right. 101 00:08:36,640 --> 00:08:39,800 Mr Grove, the prosecutor swore he was the highwayman. 102 00:08:39,840 --> 00:08:42,160 The charge says that two shillings were stolen. 103 00:08:42,200 --> 00:08:44,160 They did not find me two shillings richer. 104 00:08:44,200 --> 00:08:48,040 You were searched immediately? I was more set upon... 105 00:08:48,080 --> 00:08:51,000 and then brought along. You were in want of money? 106 00:08:51,040 --> 00:08:53,440 Sir?Will! 107 00:08:53,480 --> 00:08:55,200 Did you see an opportunity? 108 00:08:55,240 --> 00:08:59,560 A man, alone on a deserted road. You will wait outside! 109 00:08:59,600 --> 00:09:02,640 The man you overtook put a pistol to his cheek and then discarded it. 110 00:09:02,680 --> 00:09:06,480 Never! Explain this! Who is this accuser? 111 00:09:06,520 --> 00:09:09,400 Mr Garrow. Apprentice to me at 15... 112 00:09:09,440 --> 00:09:12,680 But too gifted in law to be a mere attorney. 113 00:09:12,720 --> 00:09:15,480 Come, sir, you can speak freely. Black is white and white is black, 114 00:09:15,520 --> 00:09:19,080 according as we are paid, our loyalty is to the client, not to the truth. 115 00:09:19,120 --> 00:09:20,680 William!Speak freely? 116 00:09:20,720 --> 00:09:23,360 Oh, I have a language for you, sir. 117 00:09:23,400 --> 00:09:27,640 Damn you both if you would take a guinea from me or my sister and think to have me lie. 118 00:09:27,680 --> 00:09:29,400 I will not have you! 119 00:09:29,440 --> 00:09:31,240 Good. 120 00:09:31,280 --> 00:09:33,760 Excellent. Well said. 121 00:09:33,800 --> 00:09:36,040 You will not give a better testimony. 122 00:09:38,720 --> 00:09:41,240 Oh! Oh, I see. 123 00:09:41,280 --> 00:09:44,360 You do?He puts it to me and I... 124 00:09:44,400 --> 00:09:46,040 Excellent, sir. 125 00:09:46,080 --> 00:09:48,760 And am I blessed to have the both of you to serve me? 126 00:09:48,800 --> 00:09:51,040 A...not... 127 00:09:51,080 --> 00:09:53,760 Mr Garrow is a barrister. 128 00:09:53,800 --> 00:09:55,800 I would be bound to instruct him. 129 00:09:55,840 --> 00:09:57,920 Then do so. Mary? 130 00:09:57,960 --> 00:10:00,240 But the cost of a barrister, madam. 131 00:10:00,280 --> 00:10:01,800 Half a guinea? 132 00:10:01,840 --> 00:10:04,360 I'm afraid that will not... Half a guinea. 133 00:10:05,960 --> 00:10:07,680 Half a guinea. 134 00:10:10,720 --> 00:10:12,120 You are instructed. 135 00:10:12,160 --> 00:10:15,960 I am instructed. Attorney and counsel. 136 00:10:16,000 --> 00:10:18,640 This goes well.This goes very well. 137 00:10:26,360 --> 00:10:29,720 SHUFFLES PAPER Mr Garrow? 138 00:10:29,760 --> 00:10:31,400 Mr Crompton. 139 00:10:57,880 --> 00:11:00,960 Will... William! 140 00:11:01,000 --> 00:11:02,600 You will concentrate here. 141 00:11:06,520 --> 00:11:08,760 This is the brief.It is. 142 00:11:08,800 --> 00:11:12,600 It s very thin.Well, you're not allowed tosee the indictment. 143 00:11:12,640 --> 00:11:17,240 You are refused copies of the deposition sworn against your client. 144 00:11:17,280 --> 00:11:21,920 You are not permitted to visit your client while he is in Newgate. 145 00:11:21,960 --> 00:11:27,920 When you are at the Old Bailey you will not be allowed to address the jury, make an opening statement 146 00:11:27,960 --> 00:11:29,880 or a closing speech. 147 00:11:29,920 --> 00:11:36,720 You may call witnesses as to the prisoner's character but they are not bound to appear. 148 00:11:36,760 --> 00:11:42,080 In fact, not only is it impermissible for counsel to make a full defence, 149 00:11:42,120 --> 00:11:45,320 it is barely allowable for them to actually win a case. 150 00:11:45,360 --> 00:11:47,880 Hence the thinness of your papers. 151 00:11:51,400 --> 00:11:55,320 But in the meantime, Mr Southouse, what have I to save Mr Pace from the rope? 152 00:11:55,360 --> 00:11:57,960 The prosecution's testimony. 153 00:11:58,000 --> 00:12:00,320 You must find a weakness in it. 154 00:12:00,360 --> 00:12:03,920 Study your brief. I shall see you at court. 155 00:12:03,960 --> 00:12:06,000 Goodnight, Will. 156 00:12:06,040 --> 00:12:11,920 And if you cannot sleep, let us hope it's from anticipation and not fear. 157 00:12:12,760 --> 00:12:14,320 Good night. 158 00:12:52,720 --> 00:12:54,200 William! 159 00:12:58,400 --> 00:12:59,840 You look splendid. 160 00:13:03,520 --> 00:13:06,520 Oh, no. Edward Forrester. A renowned thief-taker. 161 00:13:06,560 --> 00:13:10,640 If he's involved in the prosecution, this goes not so well. 162 00:13:10,680 --> 00:13:16,600 Mr Southouse, if a thief-taker is at the heart of this that will help make our defence.Or our damnation. 163 00:13:16,640 --> 00:13:19,240 Good luck, Will. 164 00:13:19,280 --> 00:13:20,760 Mary! 165 00:13:51,840 --> 00:13:53,360 Who's this? 166 00:13:54,920 --> 00:13:58,120 William Garrow from Lincoln's Inn. By way of? 167 00:13:58,160 --> 00:14:01,440 Sir? Well, not Oxford or I'd know you. 168 00:14:01,480 --> 00:14:04,720 Articled to an attorney, John Southouse of Milk Street. 169 00:14:04,760 --> 00:14:07,560 You received your education in Billingsgate. 170 00:14:07,600 --> 00:14:10,480 Oh, dear... 171 00:14:10,520 --> 00:14:12,880 Silvester. 172 00:14:12,920 --> 00:14:16,120 Middle Temple. 173 00:14:16,160 --> 00:14:18,800 Come to condemn the wretches or confound the jury today? 174 00:14:18,840 --> 00:14:20,680 I've come to defend a man. 175 00:14:20,720 --> 00:14:23,480 First case?Peter Pace. 176 00:14:23,520 --> 00:14:26,600 You're against me. And the facts. 177 00:14:26,640 --> 00:14:29,040 Court shall rise. 178 00:14:29,080 --> 00:14:32,880 Still, they'd need only detain for us for a few hours, then what's next? 179 00:14:34,280 --> 00:14:40,320 Oh, a coining. Well, that will make two hangings before lunch. 180 00:14:40,360 --> 00:14:43,160 I recommend the broth.I recommend you read your brief again. 181 00:14:48,360 --> 00:14:52,680 The prisoner, Peter Pace, is indicted for that he, 182 00:14:52,720 --> 00:14:57,640 in the King's highway in and upon William Grove, feloniously 183 00:14:57,680 --> 00:15:05,040 did make an assault, putting him in corporeal fear and danger of his life and stealing from his person 184 00:15:05,080 --> 00:15:10,840 two shillings in monies numbered the property of the said William Grove. 185 00:15:12,480 --> 00:15:15,760 Call William Grove. 186 00:15:15,800 --> 00:15:19,840 So, the alarm being raised, we gave chase. 187 00:15:19,880 --> 00:15:25,200 Mr Forrester, myself and Mr Stoddert who'd witnessed the assault upon me. 188 00:15:25,240 --> 00:15:30,080 Mr Grove, at the magistrate's committal you swore to the identity of the fellow. 189 00:15:30,120 --> 00:15:34,720 Could you please do so now again for the benefit of this court? 190 00:15:34,760 --> 00:15:37,160 You lie!Behold the prisoner! 191 00:15:38,920 --> 00:15:43,120 A humour not to be encountered on any lonely by-way. 192 00:15:43,160 --> 00:15:44,600 No more questions. 193 00:16:01,880 --> 00:16:04,320 You know this man? 194 00:16:04,360 --> 00:16:06,040 I know this is the man that robbed me. 195 00:16:06,080 --> 00:16:10,040 You swore before the magistrate, 196 00:16:10,080 --> 00:16:14,640 that the man who robbed you covered his face with a handkerchief.Yes. 197 00:16:14,680 --> 00:16:16,600 Yes. 198 00:16:16,640 --> 00:16:18,720 So how were you able to swear to Mr Pace? 199 00:16:20,680 --> 00:16:22,960 This man rode a grey mare. 200 00:16:24,840 --> 00:16:26,720 Is there a horse in the dock, Mr Grove? 201 00:16:26,760 --> 00:16:28,960 TITTERING Sir? 202 00:16:30,520 --> 00:16:32,760 A grey mare accused of robbery? 203 00:16:32,800 --> 00:16:35,360 I do not know what you mean, sir. 204 00:16:35,400 --> 00:16:39,800 Well, your only means of identification is by way of the horse my client was riding. 205 00:16:39,840 --> 00:16:44,080 You could not swear to his face, only to his horse. LAUGHTER 206 00:16:52,560 --> 00:16:55,840 What words did your attacker make use of? 207 00:16:55,880 --> 00:16:57,600 He demanded my money or my life. 208 00:16:57,640 --> 00:17:01,400 Those were the very words, your money or your life?Well, he expressed it in that manner. 209 00:17:01,440 --> 00:17:03,440 He came up, shows me the pistol and he says... 210 00:17:03,480 --> 00:17:06,360 Your money or your life, remarkable. LAUGHTER 211 00:17:09,720 --> 00:17:12,200 You were robbed of two shillings? I was. 212 00:17:12,240 --> 00:17:15,520 Oh, dear, still £40 is better than two shillings. 213 00:17:15,560 --> 00:17:19,520 Well, I don't know that it is under a wrong cause.A wrong cause. 214 00:17:19,560 --> 00:17:24,440 You know it is not every day that one gets £40 reward for hanging a man? Is that not your cause? 215 00:17:24,480 --> 00:17:29,200 M'lord. My learned friend Mr Garrow has a very rude approach. 216 00:17:29,240 --> 00:17:30,840 Mr Garrow... 217 00:17:30,880 --> 00:17:32,880 do not speculate. 218 00:17:32,920 --> 00:17:37,880 Interrogate. And do so with a little delicacy. 219 00:17:37,920 --> 00:17:39,360 Hear, hear! 220 00:17:43,720 --> 00:17:45,320 Who paid for this prosecution? 221 00:17:45,360 --> 00:17:48,520 Mr Forrester.Mr Forrester - the renowned thief-taker. 222 00:17:48,560 --> 00:17:50,040 Yes, sir. 223 00:17:50,080 --> 00:17:52,520 And who paid for your expenses to attend this business? 224 00:17:52,560 --> 00:17:56,600 Mr Forrester.What assistance that man does provide. 225 00:18:00,320 --> 00:18:02,320 No further questions, my lord. 226 00:18:04,520 --> 00:18:06,320 Thank you, Mr Grove. 227 00:18:08,240 --> 00:18:11,480 Do you think Mr Garrow makes an impression on the jury? 228 00:18:11,520 --> 00:18:16,000 Forrester appears next and he has made an impression on many juries. 229 00:18:16,040 --> 00:18:17,920 Call Edward Forester! 230 00:18:17,960 --> 00:18:21,000 A robbery takes place on the road 231 00:18:21,040 --> 00:18:23,520 from Hounslow to Hanworth 232 00:18:23,560 --> 00:18:29,680 where a thief-taker is dining at that very hour. A rare convenience? 233 00:18:29,720 --> 00:18:33,400 The good fortune of those in need. 234 00:18:33,440 --> 00:18:37,120 You had no fear to pursue a man who would wield a pistol. 235 00:18:37,160 --> 00:18:38,800 I had a pistol of my own, sir. 236 00:18:40,640 --> 00:18:42,240 Who paid for this prosecution? 237 00:18:42,280 --> 00:18:44,840 I paid half a guinea. Who paid for the indictment?I did. 238 00:18:44,880 --> 00:18:46,520 To see justice done? 239 00:18:46,560 --> 00:18:50,520 To obtain the conviction of a guilty man who would put others in fear and danger of their life. 240 00:18:50,560 --> 00:18:52,680 You are quoting the indictment. It is also my belief. 241 00:18:52,720 --> 00:18:55,680 As a thief-taker?And as a man. 242 00:18:55,720 --> 00:18:58,760 But as the former, you are a taker of rewards for the apprehension 243 00:18:58,800 --> 00:19:01,440 and conviction of those found guilty of serious crimes. 244 00:19:01,480 --> 00:19:03,080 As the government sees fit. 245 00:19:03,120 --> 00:19:05,480 And are you hoping for a reward here? 246 00:19:05,520 --> 00:19:09,120 I would not presume on the judge, the jury or the law. 247 00:19:12,960 --> 00:19:15,360 I put it to you that this crime did not take place. 248 00:19:16,920 --> 00:19:20,080 A man was caught, brought before the magistrate and stands here now. 249 00:19:20,120 --> 00:19:24,400 I put it to you that you paid Grove to make a hue and cry against an innocent man, 250 00:19:24,440 --> 00:19:28,560 turn him all at once into a highwayman. Innocence is the jury's business. 251 00:19:28,600 --> 00:19:31,120 I put it to you that you invented this robbery. MURMURING 252 00:19:31,160 --> 00:19:33,200 I put it to you that... 253 00:19:33,240 --> 00:19:36,120 the victim and the witness are schemes of your own fiction 254 00:19:36,160 --> 00:19:38,960 as is the blameless prisoner you accuse as your robber! 255 00:19:39,000 --> 00:19:40,760 JUDGE BANGS GAVEL 256 00:19:40,800 --> 00:19:47,960 Mr Garrow, it is your job to excite distrust of the evidence not to make a speech on your client's behalf. 257 00:19:48,000 --> 00:19:51,080 Please forgive my learned friend, m'lord. 258 00:19:51,120 --> 00:19:54,640 Until today he's never actually been in the law. 259 00:19:58,320 --> 00:20:00,280 GALLERY LAUGH 260 00:20:00,320 --> 00:20:02,640 How long have you been in the business of thief-taking? 261 00:20:02,680 --> 00:20:05,200 Um... I can't rightly tell. 262 00:20:05,240 --> 00:20:06,720 Well, guess a little, how long? 263 00:20:06,760 --> 00:20:09,200 Well, clearly some time longer than you've been a counsellor. 264 00:20:09,240 --> 00:20:11,080 LAUGHTER 265 00:20:21,080 --> 00:20:24,840 How many...Sir? 266 00:20:28,200 --> 00:20:32,120 How many trials did you appear upon last sessions?Never a one. 267 00:20:32,160 --> 00:20:34,640 There was no blood money last sessions? 268 00:20:34,680 --> 00:20:36,920 If there were no thieves, how would you get a brief? 269 00:20:36,960 --> 00:20:38,400 Unless this be your last. 270 00:20:38,440 --> 00:20:40,320 LAUGHTER 271 00:20:44,360 --> 00:20:46,280 No more questions. 272 00:20:46,320 --> 00:20:49,800 Thank you, Mr Forrester. 273 00:20:57,040 --> 00:20:59,440 Gentlemen, you will consider your verdict. 274 00:21:11,360 --> 00:21:14,280 You may wish to leave this place. 275 00:21:14,320 --> 00:21:16,560 I cannot until I know my brother's fate. 276 00:21:19,760 --> 00:21:21,520 You have reached a verdict? 277 00:21:21,560 --> 00:21:24,400 Unanimously. How do you find the prisoner? 278 00:21:24,440 --> 00:21:25,840 Guilty. 279 00:21:25,880 --> 00:21:27,200 No! 280 00:21:30,560 --> 00:21:32,560 No! SHE SOBS 281 00:21:32,600 --> 00:21:36,400 No! Please! God have mercy! 282 00:21:36,440 --> 00:21:38,560 Judge, your Lord, I beseech you! 283 00:21:38,600 --> 00:21:40,440 The sentence is death. 284 00:21:40,480 --> 00:21:42,640 Death by hanging. 285 00:21:54,480 --> 00:21:57,880 Take the prisoner down. 286 00:22:04,400 --> 00:22:06,440 No! No! 287 00:22:06,480 --> 00:22:10,920 JEERING AND SHOUTING 288 00:22:15,640 --> 00:22:18,680 It troubles you not to derive your living from the groans of the gallows? 289 00:22:20,720 --> 00:22:22,520 Mr Garrow! 290 00:22:22,560 --> 00:22:24,560 The man is all a-flutter, my lord. 291 00:22:26,120 --> 00:22:30,080 I should demand satisfaction if I had not already found it in the verdict. 292 00:22:30,120 --> 00:22:34,520 You will apologise to Mr Silvester. I will only apologise to my client. 293 00:22:34,560 --> 00:22:38,080 Then I shall commit you! So your lordship may! 294 00:22:38,120 --> 00:22:41,240 Mr Garrow, you are hot-headed and intemperate. 295 00:22:41,280 --> 00:22:45,560 This is your first case here and you have lost it. 296 00:22:45,600 --> 00:22:47,680 So, I forgive you. 297 00:22:47,720 --> 00:22:49,600 Now sit down. 298 00:22:57,040 --> 00:23:00,400 Next prisoner. 299 00:23:10,480 --> 00:23:12,440 May I? 300 00:23:12,480 --> 00:23:14,800 Eat!Broth. 301 00:23:14,840 --> 00:23:17,240 You need food, man. 302 00:23:17,280 --> 00:23:20,440 That, and a stronger constitution. 303 00:23:20,480 --> 00:23:24,880 It is the lot of defence counsel to see their clients carried off to Tyburn. 304 00:23:24,920 --> 00:23:27,880 I was determined mainly to prosecute, far more congenial. 305 00:23:27,920 --> 00:23:32,920 And as for the rights of prisoners, that's a very irregular income. 306 00:23:32,960 --> 00:23:36,080 You will learn that the law is not a game for gentlemen.Will I? 307 00:23:36,120 --> 00:23:40,360 And you shall learn to become a gentleman or there shall be no law for you at all. 308 00:23:42,040 --> 00:23:43,640 Mr Garrow. 309 00:23:55,120 --> 00:23:58,480 Sir Arthur Hill MP invites you to dinner. 310 00:23:58,520 --> 00:24:01,240 Now you have an opportunity, Garrow. 311 00:24:01,280 --> 00:24:03,680 Are you familiar with the phenomenon of cutlery? 312 00:24:09,840 --> 00:24:13,040 I have made law and order my business in parliament, Mr Garrow, 313 00:24:13,080 --> 00:24:19,320 but I fear I understand the law only as we legislate and not as it is practised. 314 00:24:19,360 --> 00:24:22,240 Even an MP should not be quite so narrow. 315 00:24:22,280 --> 00:24:24,080 So you do attend the Old Bailey, Sir Arthur? 316 00:24:24,120 --> 00:24:26,640 I am fortunate to have the attendance of my wife there. 317 00:24:26,680 --> 00:24:32,520 Mr Garrow, we are grateful that you did accept our invitation. Lady Sarah. 318 00:24:34,760 --> 00:24:40,680 Well, I imagine those that see me at the bench would consider me there for my leisure and sport 319 00:24:40,720 --> 00:24:44,920 and Judge Buller certainly does think me very elegant alongside him. 320 00:24:44,960 --> 00:24:48,280 And how could you not look so, beside him! 321 00:24:48,320 --> 00:24:50,200 I'm not there for his decoration. 322 00:24:50,240 --> 00:24:55,160 But on my behalf, so that I'm informed from the very place where justice is dealt. 323 00:24:55,200 --> 00:24:58,320 The law be dealt there but no justice. 324 00:25:04,080 --> 00:25:05,600 You will enlighten us? 325 00:25:05,640 --> 00:25:10,200 I am sorry if you feel a source of enquiry for a good dinner but 326 00:25:10,240 --> 00:25:14,400 I think at least you should have your dinner before you feel so used. 327 00:25:14,440 --> 00:25:18,280 The law is the concern of us all here. 328 00:25:18,320 --> 00:25:20,440 We are under siege in London from ruffianism. 329 00:25:20,480 --> 00:25:22,720 From Chick Lane to the Ratcliffe Highway. 330 00:25:22,760 --> 00:25:24,960 We all do well to employ our own watchmen. 331 00:25:25,000 --> 00:25:27,320 And form our own societies. 332 00:25:27,360 --> 00:25:30,960 You have heard of the Society for the Reformation of Manners, Mr Garrow? 333 00:25:31,000 --> 00:25:32,560 You campaign, Mrs Browning? 334 00:25:32,600 --> 00:25:36,680 We bring prosecutions in the hope that it will be...improving. 335 00:25:36,720 --> 00:25:43,640 Improving manners in illegitimacy, adultery, bawdy houses, molly houses, prostitution. 336 00:25:43,680 --> 00:25:48,000 What's a molly house? And what do you know of such? 337 00:25:48,040 --> 00:25:50,400 I pay attention at the Old Bailey as you would have me do is all. 338 00:25:50,440 --> 00:25:52,160 Pay attention to...? 339 00:25:52,200 --> 00:25:56,280 Sodomy, Mr Sowerby. Sodomy and catamites. 340 00:25:56,320 --> 00:25:58,920 Please sir, you may examine me. 341 00:26:01,200 --> 00:26:05,080 My wife did remark that your... 342 00:26:05,120 --> 00:26:07,480 defence of the prisoner was very... 343 00:26:08,800 --> 00:26:10,040 singular. 344 00:26:10,080 --> 00:26:12,360 It was why we did invite you here. 345 00:26:12,400 --> 00:26:16,440 You do not favour the protection of our society in prosecution? 346 00:26:16,480 --> 00:26:19,320 The Bloody Code upheld? 347 00:26:19,360 --> 00:26:21,760 The terror of the rope, the branding iron, 348 00:26:21,800 --> 00:26:24,920 the thief-takers' corruption that sends innocent men to Tyburn? 349 00:26:24,960 --> 00:26:29,000 And you think a battle amongst counsel the best way of arriving at the truth? 350 00:26:29,040 --> 00:26:32,840 The prisoner in the dock has been too long left to his fate for want of counsel. 351 00:26:32,880 --> 00:26:35,320 And is your loyalty to the prisoner, 352 00:26:35,360 --> 00:26:37,760 or your fee? My loyalty is to the truth. 353 00:26:37,800 --> 00:26:42,280 But you'll settle for a 'not guilty' regardless of the truth?You think we should eke out injustice all day 354 00:26:42,320 --> 00:26:44,600 for one wrong verdict that may come between? 355 00:26:44,640 --> 00:26:46,640 I will not believe that the law is a lie. 356 00:26:46,680 --> 00:26:50,920 And I think I may be better minded to listen to talk of reform were it 357 00:26:50,960 --> 00:26:54,240 not so bound up with the burgeoning prospects of defence counsel. 358 00:26:54,280 --> 00:26:55,880 Now there's a truth for you. 359 00:26:55,920 --> 00:27:02,640 "Did not the felon firmly fix his hope on flaw or jaw and so escape the rope? 360 00:27:02,680 --> 00:27:08,600 "Justly he'd meet that fate without reprieve that comes when the Advocate fails to deceive." 361 00:27:08,640 --> 00:27:10,760 LAUGHTER 362 00:27:10,800 --> 00:27:13,680 A good satire, sir. 363 00:27:13,720 --> 00:27:19,000 It seems your investigations into the law were concluded before they had begun. 364 00:27:19,040 --> 00:27:24,920 If I am not a source of satire for a good dinner, I will also not be a source of amusement for it. 365 00:27:37,200 --> 00:27:41,600 I remember my father teaching in the school where my education was under his superintendence. 366 00:27:43,160 --> 00:27:49,800 We were both mocked - him by his better born pupils for the plainness of his background 367 00:27:49,840 --> 00:27:53,720 and myself for the fact that no fee was paid for my education. 368 00:27:56,120 --> 00:27:58,960 My father's service was the fee. 369 00:27:59,000 --> 00:28:03,280 He suffered their insults behind his back, he never turned to face them down. 370 00:28:03,320 --> 00:28:05,400 And you were taken out? 371 00:28:05,440 --> 00:28:07,880 Because I would bite and scratch. 372 00:28:07,920 --> 00:28:11,280 They were for Oxford, I was articled. 373 00:28:11,320 --> 00:28:14,320 And I was grateful for it. 374 00:28:16,680 --> 00:28:18,680 And now? 375 00:28:18,720 --> 00:28:23,240 My dear friend, I thank you for your trust but you should not have instructed me with the case. 376 00:28:23,280 --> 00:28:25,680 Well, now you are instructed at least. 377 00:28:25,720 --> 00:28:31,000 But I was undone by my arrogance, my inexperience.You lack manners. 378 00:28:31,040 --> 00:28:33,160 You were too angry. 379 00:28:33,200 --> 00:28:34,840 You lost control. 380 00:28:34,880 --> 00:28:37,840 And what did you mean to challenge Judge Buller? 381 00:28:37,880 --> 00:28:40,560 You are in the law, you cannot be in contempt of it. 382 00:28:40,600 --> 00:28:42,280 The law is itself contemptible. 383 00:28:42,320 --> 00:28:44,800 Then perhaps you are not ready to practise it. 384 00:28:49,440 --> 00:28:52,600 Your new chambers are very commodious. 385 00:28:55,320 --> 00:28:57,480 If I still have use for them. 386 00:29:01,240 --> 00:29:03,600 LABOURED BREATHING 387 00:29:07,920 --> 00:29:09,920 SHE CRIES OUT IN PAIN 388 00:29:29,160 --> 00:29:31,760 SHE PANTS AND GROANS 389 00:29:31,800 --> 00:29:34,320 SHE SOBS 390 00:30:11,160 --> 00:30:17,080 It is a vile day at the Old Bailey when we are in want of eleventh-hour briefs from attorneys. 391 00:30:17,120 --> 00:30:22,800 A state of affairs you may well have to get used to permanently unless you begin to win. 392 00:30:22,840 --> 00:30:24,800 More than agreeable. 393 00:30:27,280 --> 00:30:29,600 Mr Silvester. 394 00:30:29,640 --> 00:30:30,880 A murder! 395 00:30:32,040 --> 00:30:36,520 And all prosecution witnesses already called before the coroner. 396 00:30:36,560 --> 00:30:38,040 Lunch will come early. 397 00:30:40,480 --> 00:30:43,040 Will! It was a prosecution brief. 398 00:30:43,080 --> 00:30:45,600 You could not trust me with such a case? 399 00:30:45,640 --> 00:30:50,200 I think... I think things came a little too quickly. 400 00:30:50,240 --> 00:30:53,840 "Here and there in the crowd we mark with pity, 401 00:30:53,880 --> 00:30:56,800 "for his too certain fate, 402 00:30:56,840 --> 00:31:02,600 "the careworn face of some self-educated peasant. 403 00:31:02,640 --> 00:31:08,120 "The ambition which has aspired his toil in the unwonted field of legal labour 404 00:31:08,160 --> 00:31:10,920 "is doomed to inevitable blight." 405 00:31:14,200 --> 00:31:17,400 So, Mrs Tarling, the prisoner Elizabeth Jarvis 406 00:31:17,440 --> 00:31:21,960 came into your service as a servant some three weeks since? 407 00:31:22,000 --> 00:31:26,200 Yes, your honour. After a few days I suspected she was with child. 408 00:31:26,240 --> 00:31:28,960 She insisted she was not. 409 00:31:29,000 --> 00:31:33,000 If the magistrate thinks the case strong enough to go to trial, 410 00:31:33,040 --> 00:31:36,600 the Society will bring a prosecution upon this wretch. 411 00:31:36,640 --> 00:31:40,600 ..And found blood on the kitchen table and on the floor. 412 00:31:40,640 --> 00:31:44,920 I took a candle and followed the spots of blood 413 00:31:44,960 --> 00:31:47,600 into the coal cellar... Sorry. 414 00:31:47,640 --> 00:31:49,960 Pray continue, Mrs Tarling. 415 00:31:50,000 --> 00:31:52,160 I hope you will not find this too distressing. 416 00:31:52,200 --> 00:31:53,800 I am not concerned about myself. 417 00:31:55,200 --> 00:31:57,200 Who will defend her? 418 00:31:57,240 --> 00:32:00,040 She may ask God's mercy. 419 00:32:00,080 --> 00:32:03,800 A pair of stockings soaked in blood and... 420 00:32:03,840 --> 00:32:08,120 as I moved a box... the body of a dead child. 421 00:32:32,160 --> 00:32:35,400 Her name is Elizabeth Jarvis. 422 00:32:35,440 --> 00:32:38,840 She is committed for trial - infanticide. 423 00:32:38,880 --> 00:32:43,280 And you will pay for counsel? I will pay for Mr Garrow. 424 00:32:44,840 --> 00:32:46,520 Mr Garrow? 425 00:32:46,560 --> 00:32:48,040 No other. 426 00:32:55,040 --> 00:32:57,520 MEN LAUGH AND CHATTER 427 00:32:59,800 --> 00:33:01,800 Will.Mr Southouse. 428 00:33:04,160 --> 00:33:08,560 You have a brief for me and I am like a dog called to its bowl. Thank you. 429 00:33:08,600 --> 00:33:11,800 A tankard of ale, please. Of course. 430 00:33:16,960 --> 00:33:20,320 How has a maidservant a guinea for her defence? 431 00:33:20,360 --> 00:33:25,080 A lady has a guinea and an inclination to help her. 432 00:33:25,120 --> 00:33:27,320 And you have an inclination to help me? 433 00:33:27,360 --> 00:33:30,360 We have to prove that the child was born dead. 434 00:33:30,400 --> 00:33:34,200 Otherwise the mother be presumed guilty of its murder. 435 00:33:34,240 --> 00:33:37,280 The presumption of innocence not applying in infanticide. 436 00:33:37,320 --> 00:33:39,040 Particularly when she is unmarried. 437 00:33:39,080 --> 00:33:41,840 Particularly when the birth was concealed. 438 00:33:41,880 --> 00:33:47,000 Regarded as usually conclusive evidence of the woman's guilt. 439 00:33:47,040 --> 00:33:50,520 And the evidence that would be in her favour? 440 00:33:50,560 --> 00:33:53,000 Did she confess the pregnancy? 441 00:33:53,040 --> 00:33:55,400 Did she seek assistance in labour? 442 00:33:55,440 --> 00:33:58,520 Did she prepare for birth by the collection of linen? 443 00:33:58,560 --> 00:34:00,560 And the answer to all three be no? 444 00:34:01,840 --> 00:34:05,840 And there is the presence of a bloody knife 445 00:34:05,880 --> 00:34:08,240 and a surgeon attesting to marks of violence. 446 00:34:08,280 --> 00:34:10,480 Mr Southouse, this is an unwinnable case. 447 00:34:10,520 --> 00:34:14,200 Previously you were a barrister with too much confidence, 448 00:34:14,240 --> 00:34:16,240 now you are one with none. 449 00:34:16,280 --> 00:34:18,360 All right, I will earn my guinea. But who has pledged it? 450 00:34:18,400 --> 00:34:21,600 Who has better faith than I that we can obtain an acquittal here? 451 00:34:21,640 --> 00:34:24,240 Her name is Lady Sarah Hill 452 00:34:24,280 --> 00:34:28,320 and she attended the magistrate's committal for her education. 453 00:34:28,360 --> 00:34:32,680 Lady Sarah Hill instructed you? And most expressly asked for you. 454 00:34:36,960 --> 00:34:41,600 Mrs Browning did almost drop her spoon when you left the room. 455 00:34:41,640 --> 00:34:44,040 Well, at least she will not try to enlist me for her society. 456 00:34:44,080 --> 00:34:48,080 You could not join the Reformation of Manners because you have none. 457 00:34:48,120 --> 00:34:51,920 I refuse to be reformed. And your husband? 458 00:34:51,960 --> 00:34:55,360 He did not object.Because he thinks I fled the argument. 459 00:34:55,400 --> 00:34:58,960 His beliefs are sincere and certain. 460 00:34:59,000 --> 00:35:01,120 But you do not share them? 461 00:35:01,160 --> 00:35:03,240 On this particular cause, no. 462 00:35:09,120 --> 00:35:12,360 My husband sat on a parliamentary committee 463 00:35:12,400 --> 00:35:16,000 with the aim of reforming the law on infanticide. 464 00:35:16,040 --> 00:35:20,360 It was suggested that a lesser charge - concealment - be instigated in its place. 465 00:35:20,400 --> 00:35:21,880 Your husband was an opponent? 466 00:35:21,920 --> 00:35:23,880 Concealment carries a two-year sentence. 467 00:35:23,920 --> 00:35:29,640 He was still of the opinion that women who bring forth bastards should be hung. 468 00:35:29,680 --> 00:35:32,680 You have read on the subject? Secretly, 469 00:35:32,720 --> 00:35:36,480 from the papers that lay in my husband's study. 470 00:35:36,520 --> 00:35:40,200 Mrs Browning is convinced that in Elizabeth Jarvis 471 00:35:40,240 --> 00:35:44,320 they will punish sexual licentiousness and loose morals. 472 00:35:44,360 --> 00:35:48,880 I only saw a young woman trapped and overwhelmed with fear. 473 00:35:49,920 --> 00:35:52,440 But you are not afraid yourself, I think? 474 00:35:54,000 --> 00:35:58,360 My husband would consider my participation in this an infidelity. 475 00:35:58,400 --> 00:36:01,280 Well, it shall remain a confidence we share. 476 00:36:01,320 --> 00:36:06,320 But in defence, and in this case above all, I am disadvantaged in law. 477 00:36:06,360 --> 00:36:11,120 Then you shall have all the evidence I noted in the magistrate's parlour. 478 00:36:11,160 --> 00:36:14,240 I believe I am fortunate to have made your acquaintance. 479 00:36:14,280 --> 00:36:16,280 And fortune may allow us to prevail. 480 00:36:20,000 --> 00:36:23,200 To Newgate! But it's not permissible.Why? 481 00:36:23,240 --> 00:36:27,000 It's not etiquette. You would prefer taste to justice? 482 00:36:27,040 --> 00:36:29,800 I must know more. I must see the prisoner! 483 00:36:29,840 --> 00:36:33,840 I am the attorney. I talk to the client, I make the preparation! 484 00:36:33,880 --> 00:36:36,440 You do not trust my services all of a sudden? 485 00:36:36,480 --> 00:36:40,000 I do not trust myself, Mr Southouse. 486 00:36:40,040 --> 00:36:43,240 It is not a wish to flout conventions, 487 00:36:43,280 --> 00:36:46,960 it is simply thoroughness to ensure all ground is covered in this case. 488 00:36:47,000 --> 00:36:50,600 And that I am truly prepared - where before I was not. 489 00:36:50,640 --> 00:36:55,000 Well, if it comes from humility, then happily.Good, excellent. 490 00:36:55,040 --> 00:36:57,480 Lady Sarah will meet us there. 491 00:36:57,520 --> 00:37:00,240 Lady Sarah, how so? 492 00:37:04,240 --> 00:37:08,840 Elizabeth... you lied about not being pregnant. 493 00:37:08,880 --> 00:37:12,600 You then attempted to conceal the birth. 494 00:37:12,640 --> 00:37:16,640 Explain to me as counsel for the prosecution would have you do. 495 00:37:16,680 --> 00:37:21,040 The knowledge of my pregnancy would bring about my dismissal, sir. 496 00:37:21,080 --> 00:37:24,800 And I would have left that residence with no character reference 497 00:37:24,840 --> 00:37:29,440 and little chance I'd be taken into service again. 498 00:37:29,480 --> 00:37:33,600 And I did not want to own my shame. You prepared no linen. 499 00:37:33,640 --> 00:37:37,640 I had not the wits or the wherewithal to plan anything. 500 00:37:37,680 --> 00:37:41,000 You had the wherewithal for a knife, Elizabeth. 501 00:37:41,040 --> 00:37:45,080 You had the wits to know that you would cut the navel string. That was cold experience. 502 00:37:46,880 --> 00:37:51,400 Well?I knew I had to separate the child from me. 503 00:37:51,440 --> 00:37:55,400 Bodily, yes. And in life? Did you want it dead so you could live? 504 00:37:55,440 --> 00:38:00,160 The child was already dead, sir! But if it had lived... 505 00:38:00,200 --> 00:38:03,560 Would you have killed it? Would you? Look at me?! 506 00:38:04,760 --> 00:38:10,720 I would have hid it, in the hope that it would be found alive and well and looked after. 507 00:38:10,760 --> 00:38:13,320 And never have to follow in the low ways of its mother. 508 00:38:15,400 --> 00:38:17,760 Gaoler? 509 00:38:22,520 --> 00:38:24,520 You would go there for thoroughness? 510 00:38:24,560 --> 00:38:27,240 You simply convinced her of her own worthlessness. 511 00:38:27,280 --> 00:38:29,280 And convinced myself of her innocence. 512 00:38:29,320 --> 00:38:31,240 You think to play rough tricks? 513 00:38:31,280 --> 00:38:33,480 I am in want of rough tricks. I am learning some. 514 00:38:33,520 --> 00:38:38,520 Her innocence may be established in court, not in Newgate.Maybe? 515 00:38:38,560 --> 00:38:41,560 By casting polite doubt on the eyesight of the prosecutrix? 516 00:38:41,600 --> 00:38:45,880 Or the obtaining of an acquaintance of Elizabeth as character witness? That will not suffice! 517 00:38:45,920 --> 00:38:50,720 You cannot insult to an acquittal. It was your mistake before.That I was not rude enough was my mistake! 518 00:38:50,760 --> 00:38:54,040 I have no means but to destroy the prosecutrix 519 00:38:54,080 --> 00:38:57,200 and make war with her counsel. What would you have me say? 520 00:38:57,240 --> 00:39:00,480 "I am in no way satisfied the jury were right in finding her guilty 521 00:39:00,520 --> 00:39:03,840 "but at least everything was carried out with the utmost decorum." 522 00:39:03,880 --> 00:39:06,680 The life of Elizabeth Jarvis is at stake 523 00:39:06,720 --> 00:39:09,120 in solemn and polished injustice. 524 00:39:09,160 --> 00:39:10,920 I must be a ruffian to get the truth, 525 00:39:10,960 --> 00:39:15,000 I must confront the Gentlemen of the Old Bailey to save her life. 526 00:39:17,720 --> 00:39:21,640 Lady Sarah.Lady Sarah. I am sorry you were in attendance. 527 00:39:21,680 --> 00:39:23,240 Nonsense! 528 00:39:23,280 --> 00:39:26,120 I am gratified to hear it. 529 00:39:26,160 --> 00:39:30,640 Well, then, if you are going to insult, 530 00:39:30,680 --> 00:39:34,680 your tongue must at least be well prepared with the sharpest of facts. 531 00:39:34,720 --> 00:39:37,920 Which it is my job, as attorney, as your attorney... 532 00:39:37,960 --> 00:39:40,240 I've already arranged an appointment. 533 00:39:40,280 --> 00:39:42,320 Oh? Where? 534 00:39:42,360 --> 00:39:44,040 We are to meet a surgeon. 535 00:39:51,880 --> 00:39:53,880 WOMAN SCREAMS IN AGONY 536 00:40:08,720 --> 00:40:10,600 And these? 537 00:40:10,640 --> 00:40:13,480 Well, these are the forceps. 538 00:40:15,640 --> 00:40:18,080 And these? 539 00:40:18,120 --> 00:40:23,480 To cut the navel string, in certain circumstances.Such as? 540 00:40:23,520 --> 00:40:26,840 When it's around the baby's throat. SCREAMING CONTINUES 541 00:40:28,800 --> 00:40:31,680 Now, you wish to see the mortuary? Hm. 542 00:40:32,720 --> 00:40:37,200 In particular, the lungs of infants recently dead. 543 00:40:37,240 --> 00:40:39,640 Certainly, there are new cadavers there now. 544 00:40:41,240 --> 00:40:46,400 By preparation I meant black letter law and statutes not this atrocity! 545 00:41:17,160 --> 00:41:23,200 Elizabeth Jarvis was indicted for that she, on the 29th April last, 546 00:41:23,240 --> 00:41:26,640 at the parish of Marylebone, being big with a certain female child, 547 00:41:26,680 --> 00:41:30,560 the said female child, alone and secretly from her body 548 00:41:30,600 --> 00:41:35,200 by the providence of God, did bring forth alive, 549 00:41:35,240 --> 00:41:37,560 which said child, being so born alive... 550 00:41:37,600 --> 00:41:40,680 Everybody does look at me. Where do I look? 551 00:41:40,720 --> 00:41:43,560 Fix your eyes on me, in hope you see your acquittal. 552 00:41:43,600 --> 00:41:47,040 ..But being moved and seduced by the instigation 553 00:41:47,080 --> 00:41:49,720 of the devil feloniously and wilfully 554 00:41:49,760 --> 00:41:52,000 and of her malice aforethought... 555 00:41:52,040 --> 00:41:56,680 You listen for some mistake in the indictment to get the case thrown out? 556 00:41:56,720 --> 00:42:00,800 A forlorn hope but at least you are learning your law , Mr Garrow. 557 00:42:00,840 --> 00:42:02,840 Improvement will surely follow, 558 00:42:02,880 --> 00:42:06,960 if not quite enough for acquittal of this careless spinster. 559 00:42:12,720 --> 00:42:17,000 Mrs Tarling, could you tell me what happened that morning? 560 00:42:17,040 --> 00:42:19,480 I went to the prisoner's room with my niece. 561 00:42:19,520 --> 00:42:21,560 I found the prisoner in bed. 562 00:42:21,600 --> 00:42:24,560 And you found her, apart from horizontal... 563 00:42:24,600 --> 00:42:27,080 LAUGHTER 564 00:42:27,120 --> 00:42:30,880 Sir?Her manner? She said she felt better. 565 00:42:30,920 --> 00:42:32,920 She felt better. 566 00:42:32,960 --> 00:42:36,600 The baby was downstairs dead and she felt better? 567 00:42:36,640 --> 00:42:40,640 By this, presumably, you mean she felt relieved and glad? 568 00:42:40,680 --> 00:42:43,720 I mean she... Sanguine and very calm... 569 00:42:43,760 --> 00:42:48,640 May the witness not be the subject of ventriloquism.I put no words into the mouth of the witness. 570 00:42:48,680 --> 00:42:53,320 You lead her like a farmer brings a cow to market! He speaks of his former calling. 571 00:42:53,360 --> 00:42:58,000 The cow very sickly, the farmer selling it hasty.Mr Garrow! 572 00:43:00,600 --> 00:43:04,160 Continue, Mr Silvester.My lord. 573 00:43:04,200 --> 00:43:05,880 You addressed her in her room... 574 00:43:05,920 --> 00:43:08,080 as she lay there... 575 00:43:08,120 --> 00:43:10,280 feeling better? 576 00:43:10,320 --> 00:43:11,880 Yes, sir. 577 00:43:11,920 --> 00:43:14,040 And what did you say to her? 578 00:43:14,080 --> 00:43:17,680 I told her it was a very sad thing 579 00:43:17,720 --> 00:43:22,040 and how could she do so cruel an act?And her reply? 580 00:43:22,080 --> 00:43:25,040 "Do what, Mrs Tarling?" she said. 581 00:43:25,080 --> 00:43:27,120 She would not own it? 582 00:43:27,160 --> 00:43:30,960 I spoke more plain. I asked her how she could destroy the poor little creature. 583 00:43:31,000 --> 00:43:32,720 And she responded? 584 00:43:32,760 --> 00:43:34,720 She made no answer. 585 00:43:36,280 --> 00:43:39,680 She made no answer. 586 00:43:41,800 --> 00:43:43,280 I have no more questions, my lord. 587 00:43:44,960 --> 00:43:49,000 Mrs Tarling... 588 00:43:49,040 --> 00:43:53,120 do you remember the account of this you gave to the magistrate?I do. 589 00:43:53,160 --> 00:43:55,120 Do you remember that you swore it? 590 00:43:55,160 --> 00:43:57,120 I do. 591 00:43:57,160 --> 00:44:02,000 I've just heard you tell my learned friend the prisoner gave you no answer. 592 00:44:02,040 --> 00:44:06,320 Is that the end of what passed between you?I cannot recall. 593 00:44:06,360 --> 00:44:10,440 You say you asked her how she could destroy the poor creature and she gave you no answer. 594 00:44:14,160 --> 00:44:17,920 I put it to you that you then asked her why she did so. 595 00:44:17,960 --> 00:44:21,560 That may be so.Please try to recall what you have already sworn to. 596 00:44:23,000 --> 00:44:26,160 I think I asked her if... 597 00:44:26,200 --> 00:44:30,080 if she destroyed it to prevent its crying. 598 00:44:30,120 --> 00:44:34,120 You asked her if she destroyed it to prevent its crying, yes or no? 599 00:44:34,160 --> 00:44:36,480 Yes, I did, sir. And how did the prisoner respond? 600 00:44:36,520 --> 00:44:40,320 I cannot recall.Please try! I cannot. 601 00:44:40,360 --> 00:44:44,760 That this young woman may be executed in consequence of your evidence, would you not venture to recall?! 602 00:44:44,800 --> 00:44:47,040 My lord, this is very rough! Why do you tremble so? 603 00:44:47,080 --> 00:44:51,680 This is an onerous occasion. Yes, my client's life is at stake! 604 00:44:51,720 --> 00:44:55,640 Now would you please recall what you swore in front of the magistrate? 605 00:44:55,680 --> 00:44:59,840 Or is the truth now too inconvenient to own?No.Good. 606 00:44:59,880 --> 00:45:02,200 Please look at the jury as you do so. 607 00:45:03,760 --> 00:45:05,560 Very well. 608 00:45:06,720 --> 00:45:08,600 She said... 609 00:45:08,640 --> 00:45:11,560 it did not cry. 610 00:45:11,600 --> 00:45:14,920 It never cried. 611 00:45:22,120 --> 00:45:23,920 It did not cry. 612 00:45:23,960 --> 00:45:27,120 It never cried. 613 00:45:27,160 --> 00:45:29,400 It had no breath to cry. 614 00:45:29,440 --> 00:45:33,360 It was still and silent and unmoving. 615 00:45:33,400 --> 00:45:36,000 It was dead when it was born. 616 00:45:36,040 --> 00:45:39,720 Court shall adjourn for lunch. Court shall rise. 617 00:45:39,760 --> 00:45:42,040 My lord, I have not finished cross-examining the witness. 618 00:45:42,080 --> 00:45:46,600 It is MY court Mr Garrow and I shall determine the fate of my lamb chops 619 00:45:46,640 --> 00:45:49,440 as ruthlessly as I determine the law here. 620 00:45:56,600 --> 00:46:00,640 Sometimes a mouth must simply allow chewing as its function. 621 00:46:06,680 --> 00:46:10,720 The prisoner used to speak to clear himself or hang himself. 622 00:46:10,760 --> 00:46:15,440 Now the prisoner is silent, we have the eloquent hectoring of Mr Garrow. 623 00:46:15,480 --> 00:46:19,680 In a cause not his own. Judge, it may not be his cause 624 00:46:19,720 --> 00:46:24,240 but surely the defence of the accused is progress and therefore some improvement? 625 00:46:24,280 --> 00:46:30,920 Improvement, madam? How can it be improvement in my own court, where I play a lesser part? 626 00:46:31,960 --> 00:46:35,880 Am I merely there to temper Mr Garrow's reign of terror? 627 00:46:35,920 --> 00:46:41,800 I shall have to put out my leg to trip up the coming of these lawyers, or I will be trampled underfoot! 628 00:46:41,840 --> 00:46:44,440 POLITE LAUGHTER 629 00:46:52,000 --> 00:46:55,480 Doctor, after you made examination of the child, 630 00:46:55,520 --> 00:46:58,480 would your opinion be that it was alive or dead 631 00:46:58,520 --> 00:47:02,600 at the time the wound to the throat was inflicted?Oh, alive. 632 00:47:02,640 --> 00:47:07,080 In wounds made on a living subject, the edges are red and turned out 633 00:47:07,120 --> 00:47:10,760 and there are little spots of coagulated blood 634 00:47:10,800 --> 00:47:12,760 from the extremities of the blood vessels. 635 00:47:12,800 --> 00:47:17,400 Now that would be caused by the coagulation of blood before death. 636 00:47:17,440 --> 00:47:20,080 Did you open the body of the child? I did. 637 00:47:20,120 --> 00:47:23,440 It was the body of a full-grown, mature, healthy child. 638 00:47:23,480 --> 00:47:26,840 The lungs were fully inflated which would not have been the case 639 00:47:26,880 --> 00:47:29,640 had not the child breathed for some little time. 640 00:47:29,680 --> 00:47:34,920 In other words, the child had been alive when it was cut with the knife. 641 00:47:34,960 --> 00:47:36,440 That is so. 642 00:47:36,480 --> 00:47:38,040 Poor little wretch. 643 00:47:38,080 --> 00:47:41,240 SHOTS AND MURMURS FROM COURT 644 00:47:46,080 --> 00:47:49,600 Circulation continues after death, does it not?Yes. 645 00:47:49,640 --> 00:47:53,080 So those appearances that you spoke of could equally occur after death? 646 00:47:53,120 --> 00:47:58,600 I should say not. Unless...a very few minutes after death possibly. 647 00:47:58,640 --> 00:48:01,440 My experience has not been such. 648 00:48:01,480 --> 00:48:07,240 And I understand the test to which you subjected the lungs is called the hydrostatic test?Yes. 649 00:48:07,280 --> 00:48:12,240 And you have read Beck and Taylor's work on medical jurisprudence? High authorities on that subject. 650 00:48:12,280 --> 00:48:19,880 Indeed they are. Well, you will tell me whether you subscribe to this doctrine of Professor Taylor. 651 00:48:19,920 --> 00:48:24,040 "The hydrostatic test is no more capable of showing that a child has been born alive 652 00:48:24,080 --> 00:48:28,360 "than it is of proving whether it has been murdered or died of natural causes." 653 00:48:28,400 --> 00:48:31,120 In other words, the exercise is worthless is it not? 654 00:48:31,160 --> 00:48:32,960 My own experience tells me... 655 00:48:33,000 --> 00:48:36,760 The high authority on this subject is incorrect? 656 00:48:42,120 --> 00:48:48,520 I have never before engaged professionally on an inquiry of this nature. 657 00:48:48,560 --> 00:48:54,040 Oh, really, then you are some kind of beginner? Your experience doesn't mean much.Mr Garrow? 658 00:48:54,080 --> 00:48:57,960 If you have the work of Professor Taylor alongside you, 659 00:48:58,000 --> 00:49:01,160 may I suggest you read out the relevant excerpt in court. 660 00:49:05,120 --> 00:49:06,880 Yes, your honour. 661 00:49:13,760 --> 00:49:17,000 Who is this man? Is this man an attorney? 662 00:49:17,040 --> 00:49:18,920 Junior counsel, my lord. 663 00:49:26,080 --> 00:49:31,360 "The majority of those who have made experiments upon this subject have only pretended to show, 664 00:49:31,400 --> 00:49:35,880 "by the use of this and other tests, whether or not a child has breathed." 665 00:49:35,920 --> 00:49:39,520 Is that you, sir? Conducting unreliable experiments? 666 00:49:39,560 --> 00:49:43,680 Pronouncing solemnly on scientific advancements that actually advance nothing? 667 00:49:43,720 --> 00:49:48,200 The child breathed with some force - it was a vital act. 668 00:49:48,240 --> 00:49:51,280 And how would it have breathed with a cord around its neck? 669 00:49:51,320 --> 00:49:53,160 Enough for the lungs to inflate! 670 00:49:53,200 --> 00:49:55,640 Dear me, sir, how your lungs inflate. 671 00:49:55,680 --> 00:49:58,720 LAUGHTER 672 00:50:09,040 --> 00:50:12,480 Do you recognise these, Mr Herring? Yes. 673 00:50:12,520 --> 00:50:14,240 They're used in some deliveries. 674 00:50:14,280 --> 00:50:18,760 They are used, are they not, in cases where the navel string, 675 00:50:18,800 --> 00:50:22,400 the umbilical cord, is twisted around the neck of the child. 676 00:50:22,440 --> 00:50:25,880 I believe so.You believe so? I have not used them. 677 00:50:25,920 --> 00:50:32,320 I believe the process of cutting the cord in such circumstances is considered so hazardous 678 00:50:32,360 --> 00:50:36,960 that this peculiar pair of scissors is manufactured for the purpose, is it not? 679 00:50:37,000 --> 00:50:41,360 To prevent, by accident, an incision in the throat of a child? 680 00:50:41,400 --> 00:50:42,880 Mr Garrow... 681 00:50:46,680 --> 00:50:50,160 I have never cut the cord from a child's neck.From design? 682 00:50:50,200 --> 00:50:52,800 I have never had the experience of such an event. 683 00:50:52,840 --> 00:50:55,080 Really? Oh, dear, oh, dear. 684 00:50:55,120 --> 00:50:58,960 Precisely how many children have you delivered?Several. 685 00:50:59,000 --> 00:51:01,600 A dozen or... Well, one or the other, Mr Herring. 686 00:51:01,640 --> 00:51:04,200 It is not my specialism. 687 00:51:04,240 --> 00:51:06,920 Poor fellow, you are without the necessary competence again. 688 00:51:06,960 --> 00:51:10,440 My lord, this is bullying. Curb your tongue, Mr Garrow. 689 00:51:10,480 --> 00:51:12,400 Yes, your honour. 690 00:51:12,440 --> 00:51:15,920 Despite your lack of expertise, 691 00:51:15,960 --> 00:51:19,560 you do acknowledge that cutting the cord from a child's neck 692 00:51:19,600 --> 00:51:22,560 may cause an incision there. It's a possibility. 693 00:51:24,200 --> 00:51:27,000 Very well. 694 00:51:27,040 --> 00:51:29,360 Can you not say... 695 00:51:29,400 --> 00:51:33,880 that a female in such circumstances as unassisted labour may, 696 00:51:33,920 --> 00:51:35,520 from pain and anxiety, 697 00:51:35,560 --> 00:51:38,600 become deprived of all judgment, 698 00:51:38,640 --> 00:51:43,000 cause an incision by accident in the throat of a child? 699 00:51:43,040 --> 00:51:47,680 A child who was fatally compromised by the cord around its neck... 700 00:51:47,720 --> 00:51:50,960 and therefore dead 701 00:51:51,000 --> 00:51:55,920 and from whom this poor mother was naturally anxious to remove herself? 702 00:51:55,960 --> 00:51:59,680 My lord, my learned friend is addressing the jury. 703 00:51:59,720 --> 00:52:01,760 My lord, I'm merely looking their way. 704 00:52:01,800 --> 00:52:04,960 You may not address them with your mouth or your eyes. 705 00:52:05,000 --> 00:52:07,640 I know the limitations of my defence. As do I! 706 00:52:09,240 --> 00:52:13,600 Perhaps you would like the witness to provide an answer to your...speech. 707 00:52:13,640 --> 00:52:17,240 It is my fervent wish. Then put it to him more succinctly. 708 00:52:19,840 --> 00:52:22,080 I put it to you, Mr Herring, 709 00:52:22,120 --> 00:52:26,320 that the wound to the child's throat was not a mark of violence at all 710 00:52:26,360 --> 00:52:28,880 but a sad sign of desperation. 711 00:52:28,920 --> 00:52:33,600 She cut her offspring's neck because she did not know what she was doing. 712 00:52:39,800 --> 00:52:42,800 It may be so. HUBBUB IN COURT 713 00:52:46,760 --> 00:52:50,280 Court will adjourn for a short time. 714 00:52:50,320 --> 00:52:52,280 Court shall rise. 715 00:52:54,760 --> 00:53:00,280 I was earlier detained by some doubtful lamp chops and I fear they may detain me again. 716 00:53:10,240 --> 00:53:14,480 You think it goes well, Mr Southouse? I think we head towards acquittal. 717 00:53:14,520 --> 00:53:18,400 The judge is determined that you shall lose.How so? 718 00:53:18,440 --> 00:53:20,760 In the way he will direct the jury. 719 00:53:25,640 --> 00:53:28,120 What can be done, Mr Southouse? 720 00:53:28,160 --> 00:53:30,200 If he is determined, there is nothing to be done. 721 00:53:33,400 --> 00:53:35,040 Will? 722 00:53:40,640 --> 00:53:42,000 Court shall rise. 723 00:53:43,520 --> 00:53:48,760 I cannot address the jury directly so the court must hear your voice. 724 00:53:48,800 --> 00:53:52,840 What do I say?How you did defend yourself to me in Newgate. 725 00:53:52,880 --> 00:53:54,960 Remember how you were in Newgate. 726 00:53:55,000 --> 00:53:59,480 Mr Silvester.My lord?Do you wish to call any more witnesses?None. 727 00:53:59,520 --> 00:54:04,720 Mr Garrow, any witnesses as to the defendant's character? None, my lord. 728 00:54:06,280 --> 00:54:08,040 Very well. 729 00:54:08,080 --> 00:54:10,960 Sir... 730 00:54:11,000 --> 00:54:12,760 if I may... 731 00:54:19,640 --> 00:54:22,000 I could not own to the pregnancy 732 00:54:22,040 --> 00:54:25,080 because I could not bear it to be true. 733 00:54:27,080 --> 00:54:28,560 But I held... 734 00:54:30,920 --> 00:54:34,800 ..I held my child in the cellar 735 00:54:34,840 --> 00:54:38,560 as its flesh grew colder and colder... 736 00:54:40,120 --> 00:54:42,840 ..until I grew cold next to her. 737 00:54:44,920 --> 00:54:48,080 I did not sleep that night. 738 00:54:48,120 --> 00:54:51,880 I did not wash her blood from me. I would not. 739 00:54:51,920 --> 00:54:54,080 It was also my blood. 740 00:54:56,160 --> 00:54:59,680 My baby did not suffer in life. 741 00:54:59,720 --> 00:55:03,200 My baby was born at peace. 742 00:55:14,320 --> 00:55:20,480 The single question here is whether the mother has proved that the infant was born dead. 743 00:55:20,520 --> 00:55:23,800 I draw your attention to grievous wounds at the child's throat. 744 00:55:23,840 --> 00:55:30,480 I draw your attention to the fact the young woman had provided no things for the child - 745 00:55:30,520 --> 00:55:32,680 no clothing, no linen. 746 00:55:32,720 --> 00:55:36,920 It suggests that she was in no way prepared 747 00:55:36,960 --> 00:55:42,240 for the arrival of the child, had no intention of keeping it. 748 00:55:42,280 --> 00:55:46,920 To be sure, there is evidence to convict of the crime of wilful murder. 749 00:55:46,960 --> 00:55:51,560 You will confer and reach a verdict. 750 00:55:54,320 --> 00:55:56,880 JURY CONFERS IN WHISPERS 751 00:56:14,520 --> 00:56:17,840 You have reached a verdict? We have. 752 00:56:17,880 --> 00:56:22,040 How do you find the prisoner charged with this indictment? Guilty or not guilty? 753 00:56:22,080 --> 00:56:24,680 Not guilty. HUBBUB IN COURT 754 00:56:31,160 --> 00:56:34,040 The prisoner is free to go. 755 00:56:44,400 --> 00:56:47,400 You think I play the law as a game for gentlemen. 756 00:56:47,440 --> 00:56:49,440 You're not wrong. 757 00:56:49,480 --> 00:56:53,160 But now, sir, you will find me in earnest. 758 00:57:03,520 --> 00:57:05,480 Mr Garrow, you are also free to go, 759 00:57:05,520 --> 00:57:10,200 unless of course you intend to defend every prisoner here today? 760 00:57:10,240 --> 00:57:13,520 Not today, my lord, but perhaps tomorrow. 761 00:57:18,360 --> 00:57:20,480 Next prisoner! 762 00:57:23,680 --> 00:57:25,600 I owe you my life, Mr Garrow. 763 00:57:25,640 --> 00:57:29,000 It should not have been at stake. But you will thrive now. 764 00:57:29,040 --> 00:57:35,000 With a reference, I may have hope of some employment. Mr Southouse?Gladly. 765 00:57:36,160 --> 00:57:38,440 Thank you... 766 00:57:38,480 --> 00:57:41,400 Thank you, both. 767 00:57:52,160 --> 00:57:54,920 Thank God you did not disappoint me. 768 00:57:54,960 --> 00:57:59,400 And now perhaps by association with me, you will not be blackened further as a Newgate solicitor. 769 00:57:59,440 --> 00:58:02,680 By association with you I may find some other trouble altogether. 770 00:58:02,720 --> 00:58:05,280 I shall change the trial forever. 771 00:58:05,320 --> 00:58:08,720 Then you shall make enemies, Mr Garrow. 772 00:58:10,360 --> 00:58:13,120 I hope there shall be some who will favour me. 773 00:58:31,560 --> 00:58:34,040 Oh! WOMAN SCREAMS 774 00:58:34,080 --> 00:58:35,680 I cannot do what is not in my heart. 775 00:58:35,720 --> 00:58:39,160 You were called to the bar - they do not announce your heart there! 776 00:58:39,200 --> 00:58:42,280 That man is the monster! He is the monster that did attack me! 777 00:58:42,320 --> 00:58:46,520 You no longer find favour with the public gallery, Mr Garrow. 778 00:58:46,560 --> 00:58:48,880 I would happily lay hands on you, Rawlings! 779 00:58:48,920 --> 00:58:53,000 Madam, your agitation seems to occur at the most convenient time! 780 00:59:14,360 --> 00:59:17,840 Subtitles by Red Bee Media Ltd 2009