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Subtitles corrected by Rubens
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Judas!
3
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My client's life is at stake!
4
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- Guilty.
- No!
5
00:00:12,620 --> 00:00:14,060
No! No!
6
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Are you the monster?
7
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[Screams]
8
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I must be a ruffian
to get at the truth.
9
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The court is yours not Garrow's.
10
00:00:26,500 --> 00:00:27,980
You are not sentenced yet.
11
00:00:32,740 --> 00:00:36,220
Are you aware of the role this trial
will play in our nation's history?
12
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- He was slain by them!
- You may have trained me but you do not own me.
13
00:00:39,940 --> 00:00:41,580
Blast your eyes,
you damned bitch!
14
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Mr Garrow!
15
00:00:43,500 --> 00:00:46,620
These are the men who will
decide what charge you face.
16
00:00:46,660 --> 00:00:49,820
Your law is weak if men
can bend it to their will.
17
00:00:49,860 --> 00:00:52,860
Damn the lot of you!
This is a lynching, not a trial!
18
00:02:09,760 --> 00:02:11,620
Next prisoner!
19
00:02:13,420 --> 00:02:19,820
Eliza Radnell, spinster was indicted
for that she on the 26th of April...
20
00:02:19,860 --> 00:02:22,180
Oh, please take pity, sirs,
tis my wife.
21
00:02:22,220 --> 00:02:26,180
..house of Thomas Langstaffe
did breach and enter,
22
00:02:26,220 --> 00:02:29,340
no person being
therein and stealing
23
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thence one linen shift, one pair
of worsted stockings, twelve pence.
24
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I call the prosecutrix,
Mrs Mary Langstaffe.
25
00:02:41,220 --> 00:02:43,420
Would that the jury
concentrate as much as you.
26
00:02:43,460 --> 00:02:45,500
Then this would be
a much improved place.
27
00:02:45,540 --> 00:02:49,060
- As for your place, it is not here alas.
- Just one more case!
28
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You are not employed here.
29
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Will!
30
00:02:54,780 --> 00:02:57,940
I came home
and found her within.
31
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I asked her how she got in,
she could not tell.
32
00:03:00,900 --> 00:03:04,620
I asked her what business she had
with my things, she could not tell.
33
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I got assistance and kept her there
until the parish beadle came over.
34
00:03:10,340 --> 00:03:12,080
Mr Crompton will not be pleased.
35
00:03:12,100 --> 00:03:14,020
It is drudgery there.
36
00:03:14,100 --> 00:03:16,960
I was not called to the bar
to be buried in book dust.
37
00:03:17,300 --> 00:03:21,060
The prisoner shall speak
for herself in her own defence.
38
00:03:21,100 --> 00:03:24,140
And again and as ever,
no defence counsel for the prisoner.
39
00:03:24,180 --> 00:03:30,100
I beg your pardon, sir, but I had drunk
part of four pints of two penny.
40
00:03:30,140 --> 00:03:33,540
I let myself in the house to sleep,
I put the clothes on for warmth.
41
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[Laughter]
42
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Jurymen, consider your verdict.
43
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- You have reached a verdict?
- Guilty!
44
00:03:49,540 --> 00:03:52,300
- No!
[Cheering]
45
00:03:52,340 --> 00:03:54,740
It did not take them
long to confer.
46
00:03:54,780 --> 00:03:56,780
The sentence is branding.
47
00:03:56,781 --> 00:03:57,781
No!
48
00:03:58,220 --> 00:04:01,520
Relative to transportation,
it is a mercy.
49
00:04:01,560 --> 00:04:04,240
But she may have been telling the truth,
that she was not guilty.
50
00:04:04,380 --> 00:04:10,740
The wisdom of the court observes
that it requires no manner of skill to make a plain and honest defence.
51
00:04:10,780 --> 00:04:13,940
But it will, one day it will.
52
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[Branding hisses jeering]
53
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An acquittal shall follow!
54
00:04:20,620 --> 00:04:27,660
Will, when you have a criminal brief,
it will be your duty to address a court of law. But not now.
55
00:04:27,700 --> 00:04:31,820
Nicholas Porter is indicted
for stealing two fat hogs
56
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value 40 shillings, and 18 live fowls
value nine shillings...
57
00:04:37,980 --> 00:04:39,580
Mr Southouse!
58
00:04:39,620 --> 00:04:41,700
You have business in there
this afternoon?
59
00:04:41,740 --> 00:04:48,060
A silk merchant prosecuted by a creditor
with half a guinea to enlist me as his attorney.
60
00:04:48,100 --> 00:04:50,460
Is he in need of counsel,
I should very much like to help.
61
00:04:50,500 --> 00:04:52,300
You who? Should hurry.
62
00:05:12,700 --> 00:05:14,400
Mr Garrow?
63
00:05:14,940 --> 00:05:16,420
Mr Crompton.
64
00:05:34,060 --> 00:05:37,680
Brandy here. This man's not
been long robbed at gunpoint!
65
00:05:39,140 --> 00:05:41,400
Come on.
Come and sit down.
66
00:05:42,260 --> 00:05:47,140
The wretch clapped a pistol to my breast
and demanded my money!
67
00:06:06,500 --> 00:06:09,140
Whoa!
68
00:06:10,820 --> 00:06:16,240
You robbed this gentleman, you wretch.
And now you'll be brought to justice.
69
00:06:22,560 --> 00:06:26,180
Mr Southouse! I've never been
inside Newgate, I would learn from it.
70
00:06:26,220 --> 00:06:28,860
I'm not there to furnish you
with experience.
71
00:06:28,900 --> 00:06:29,980
Well, what then?
72
00:06:29,981 --> 00:06:32,981
A very faithful and sincere
young woman
73
00:06:33,000 --> 00:06:36,700
has sold half her possessions to pay
for my service on behalf of her brother.
74
00:06:36,710 --> 00:06:39,620
It is a very limited service,
you cannot appear in court.
75
00:06:39,640 --> 00:06:42,700
You may tell him who and what is sworn
against him and help prepare his speech...
76
00:06:42,720 --> 00:06:44,500
- And it may save his life.
- It may.
77
00:06:44,540 --> 00:06:47,700
Mr Southouse, I promise
I will not speak, I will merely observe.
78
00:06:47,740 --> 00:06:50,380
I have seen you observe
at the Old Bailey.
79
00:06:50,420 --> 00:06:53,200
Your eyes are very busy
as is your mouth, unfortunately.
80
00:06:53,201 --> 00:06:55,101
I cannot stay in the Pleader's Office!
81
00:06:55,140 --> 00:06:56,900
Then head for Quarter Sessions.
82
00:06:56,940 --> 00:07:01,340
Pass paupers from one parish to another!
Oppose dancing licences...
83
00:07:01,380 --> 00:07:03,340
I will be an Old Bailey barrister
84
00:07:03,380 --> 00:07:08,640
and I will seek any attorney
for my briefs, but I would rather you embraced me, dear mentor.
85
00:07:09,940 --> 00:07:11,660
Very well...
86
00:07:12,300 --> 00:07:14,540
but in silence.
87
00:07:23,620 --> 00:07:28,100
Mr Southouse, always a pleasure
to see you going about your business.
88
00:07:28,140 --> 00:07:29,660
My er...
89
00:07:29,700 --> 00:07:31,500
His humble servant.
90
00:07:31,540 --> 00:07:33,180
Peter Pace, please.
91
00:07:33,220 --> 00:07:34,700
This way, gentlemen.
92
00:07:36,380 --> 00:07:42,700
So, the young lady's brother
was brought before the justice for violent theft and highway robbery.
93
00:07:42,740 --> 00:07:45,540
Half a guinea is a not
inconsiderable sum...
94
00:07:45,580 --> 00:07:49,000
but for his life,
it may be a bargain.
95
00:07:50,260 --> 00:07:51,740
Thank you.
96
00:08:04,020 --> 00:08:06,460
Peter, this is Mr Southouse,
your attorney.
97
00:08:06,500 --> 00:08:10,460
I never saw my accusers at all
until they come up to me and knocked me off my horse.
98
00:08:10,500 --> 00:08:14,780
They stamped on my head, they said
they would butcher me for what I done. They said, "Damn his eyes, kill him!"
99
00:08:14,820 --> 00:08:18,140
My pen is not yet out of
my pocket, Mr Pace.
100
00:08:18,180 --> 00:08:19,660
Please...
101
00:08:25,980 --> 00:08:32,020
Now then, tell me, at magistrate's
court, what passed?
102
00:08:32,360 --> 00:08:34,420
I cannot exactly recall.
103
00:08:34,460 --> 00:08:36,100
My mind was not set right.
104
00:08:36,140 --> 00:08:39,300
Mr Grove, the prosecutor swore
he was the highwayman.
105
00:08:39,340 --> 00:08:41,660
The charge says that
two shillings were stolen.
106
00:08:41,700 --> 00:08:43,660
They did not find me
two shillings richer.
107
00:08:43,700 --> 00:08:47,540
- You were searched immediately?
- I was more set upon...
108
00:08:47,580 --> 00:08:50,500
- and then brought along.
- You were in want of money?
109
00:08:50,540 --> 00:08:52,940
- Sir?
- Will!
110
00:08:52,980 --> 00:08:54,700
Did you see an opportunity?
111
00:08:54,740 --> 00:08:59,060
- A man, alone on a deserted road.
- You will wait outside!
112
00:08:59,100 --> 00:09:02,140
The man you overtook, put a pistol
to his cheek and then discarded it.
113
00:09:02,180 --> 00:09:05,980
- Never!
- Explain this! Who is this accuser?
114
00:09:06,020 --> 00:09:08,900
Mr Garrow. Apprentice to me at 15...
115
00:09:08,940 --> 00:09:12,180
But too gifted in law
to be a mere attorney.
116
00:09:12,220 --> 00:09:14,980
Come, sir, you can speak freely.
Black is white and white is black,
117
00:09:15,020 --> 00:09:18,580
according as we are paid, our loyalty
is to the client, not to the truth.
118
00:09:18,620 --> 00:09:20,680
- William!
- Speak freely?
119
00:09:20,720 --> 00:09:22,860
Oh, I have a language for you, sir.
120
00:09:22,900 --> 00:09:27,140
Damn you both if you would take a guinea
from me or my sister and think to have me lie.
121
00:09:27,180 --> 00:09:28,900
I will not have you!
122
00:09:28,940 --> 00:09:30,740
Good.
123
00:09:30,780 --> 00:09:33,260
Excellent. Well said.
124
00:09:33,300 --> 00:09:35,940
You will not give a better testimony.
125
00:09:38,220 --> 00:09:40,740
Oh! Oh, I see.
126
00:09:40,780 --> 00:09:43,860
- You do?
- He puts it to me and I...
127
00:09:43,900 --> 00:09:45,540
Excellent, sir.
128
00:09:45,580 --> 00:09:48,260
And am I blessed to have
the both of you to serve me?
129
00:09:48,300 --> 00:09:50,540
Ah... not...
130
00:09:50,580 --> 00:09:53,260
Mr Garrow is a barrister.
131
00:09:53,300 --> 00:09:55,300
I would be bound to instruct him.
132
00:09:55,340 --> 00:09:57,420
Then do so. Mary?
133
00:09:57,460 --> 00:09:59,740
But the cost of a barrister, madam.
134
00:09:59,780 --> 00:10:01,300
Half a guinea?
135
00:10:01,340 --> 00:10:04,060
- I'm afraid that will not...
- Half a guinea.
136
00:10:05,466 --> 00:10:06,866
You are instructed.
137
00:10:06,906 --> 00:10:10,706
- I am instructed.
- Attorney and counsel.
138
00:10:10,746 --> 00:10:13,386
- This goes well.
- This goes very well.
139
00:10:21,106 --> 00:10:24,466
Mr Garrow?
140
00:10:24,506 --> 00:10:26,146
Mr Crompton.
141
00:10:52,626 --> 00:10:55,706
Will... William!
142
00:10:55,746 --> 00:10:57,346
You will concentrate here.
143
00:11:01,266 --> 00:11:03,506
- This is the brief.
- It is.
144
00:11:03,546 --> 00:11:07,346
- It's very thin.
- Well, you're not allowed to see the indictment.
145
00:11:07,386 --> 00:11:11,986
You are refused copies of the
deposition sworn against your client.
146
00:11:12,026 --> 00:11:16,666
You are not permitted to visit
your client while he is in Newgate.
147
00:11:16,706 --> 00:11:22,666
When you are at the Old Bailey,
you will not be allowed to address the jury, make an opening statement
148
00:11:22,706 --> 00:11:24,626
or a closing speech.
149
00:11:24,666 --> 00:11:31,466
You may call witnesses
as to the prisoner's character but they are not bound to appear.
150
00:11:31,506 --> 00:11:36,826
In fact, not only is it impermissible
for counsel to make a full defence,
151
00:11:36,866 --> 00:11:40,066
it is barely allowable for them
to actually win a case.
152
00:11:40,306 --> 00:11:43,226
Hence the thinness of your papers.
153
00:11:46,146 --> 00:11:50,166
But in the meantime, Mr Southouse,
what have I to save Mr Pace from the rope?
154
00:11:50,206 --> 00:11:52,706
The prosecution's testimony.
155
00:11:52,746 --> 00:11:55,066
You must find a weakness in it.
156
00:11:55,106 --> 00:11:58,666
Study your brief.
I shall see you at court.
157
00:11:58,706 --> 00:12:00,546
Goodnight, Will.
158
00:12:00,786 --> 00:12:06,666
And if you cannot sleep, let us hope
it's from anticipation and not fear.
159
00:12:07,506 --> 00:12:09,066
Good night.
160
00:12:47,466 --> 00:12:48,946
William!
161
00:12:53,146 --> 00:12:54,586
You look splendid.
162
00:12:56,387 --> 00:12:57,387
Oh, no.
163
00:12:57,766 --> 00:13:01,266
Edward Forrester.
A renowned thief-taker.
164
00:13:01,306 --> 00:13:05,386
If he's involved in the prosecution,
this goes not so well.
165
00:13:05,426 --> 00:13:11,646
- Mr Southouse, if a thief-taker is at the heart
of this that will help make our defence. - Or our damnation.
166
00:13:11,686 --> 00:13:13,586
Good luck, Will.
167
00:13:14,026 --> 00:13:15,506
Mary!
168
00:13:46,586 --> 00:13:48,106
Who's this?
169
00:13:49,666 --> 00:13:52,866
- William Garrow from Lincoln's Inn.
- By way of?
170
00:13:52,906 --> 00:13:56,186
- Sir?
- Well, not Oxford or I'd know you.
171
00:13:56,226 --> 00:13:59,466
Articled to an attorney,
John Southouse of Milk Street.
172
00:13:59,806 --> 00:14:02,506
You received your education
in Billingsgate.
173
00:14:03,146 --> 00:14:04,826
Oh, dear...
174
00:14:05,466 --> 00:14:07,226
Silvester.
175
00:14:07,666 --> 00:14:09,666
Middle Temple.
176
00:14:10,506 --> 00:14:13,546
Come to condemn the wretches
or confound the jury today?
177
00:14:13,586 --> 00:14:15,426
I've come to defend a man.
178
00:14:15,466 --> 00:14:18,226
- It's first case?
- Peter Pace.
179
00:14:18,266 --> 00:14:21,346
You're against me.
And the facts.
180
00:14:21,586 --> 00:14:23,586
Court shall rise.
181
00:14:23,826 --> 00:14:27,626
Still, they'd need only detain for us
for a few hours, then what's next?
182
00:14:29,026 --> 00:14:34,466
Oh, a coining. Well, that will be
two hangings before lunch.
183
00:14:34,606 --> 00:14:38,506
- I recommend the broth.
- I recommend you read your brief again.
184
00:14:43,106 --> 00:14:47,426
The prisoner, Peter Pace,
is indicted for that he,
185
00:14:47,466 --> 00:14:52,386
in the King's highway in and upon
William Grove, feloniously
186
00:14:52,426 --> 00:14:59,786
did make an assault, putting him
in corporeal fear and danger of his life and stealing from his person
187
00:14:59,826 --> 00:15:05,586
two shillings in monies numbered
the property of the said William Grove.
188
00:15:07,226 --> 00:15:10,506
Call William Grove.
189
00:15:10,546 --> 00:15:14,586
So, the alarm being raised,
we gave chase.
190
00:15:14,626 --> 00:15:19,946
Mr Forrester, myself and Mr Stoddert
who'd witnessed the assault upon me.
191
00:15:19,986 --> 00:15:24,826
Mr Grove, at the magistrate's committal
you swore to the identity of the fellow.
192
00:15:24,866 --> 00:15:29,466
Could you please do so now again
for the benefit of this court?
193
00:15:29,506 --> 00:15:32,106
- You lie!
- Behold the prisoner!
194
00:15:33,666 --> 00:15:37,866
A humour not to be encountered
on any lonely by-way.
195
00:15:37,906 --> 00:15:39,346
No more questions.
196
00:15:56,626 --> 00:15:59,066
You know this man?
197
00:15:59,106 --> 00:16:01,286
I know this is the man
that robbed me.
198
00:16:01,426 --> 00:16:04,786
You swore before the magistrate,
199
00:16:04,826 --> 00:16:08,886
that the man who robbed you
covered his face with a handkerchief.
200
00:16:08,887 --> 00:16:09,387
Yes.
201
00:16:09,626 --> 00:16:11,346
Yes.
202
00:16:11,386 --> 00:16:14,566
So how were you able
to swear to Mr Pace?
203
00:16:15,426 --> 00:16:18,206
This man rode a grey mare.
204
00:16:19,586 --> 00:16:22,166
Is there a horse
in the dock, Mr Grove?
205
00:16:22,706 --> 00:16:23,706
Sir?
206
00:16:25,266 --> 00:16:27,906
A grey mare accused of robbery?
207
00:16:28,346 --> 00:16:30,506
I do not know what you mean, sir.
208
00:16:30,546 --> 00:16:34,946
Well, your only means of identification
is by way of the horse my client was riding.
209
00:16:34,986 --> 00:16:39,426
You could not swear to his face, could you?
You could only swear to his horse.
210
00:16:47,306 --> 00:16:50,586
What words did your attacker
make use of?
211
00:16:50,626 --> 00:16:52,346
He demanded my money or my life.
212
00:16:52,386 --> 00:16:56,146
- Those were the very words,
your money or your life? - Well, he expressed it in that manner.
213
00:16:56,186 --> 00:16:58,486
He came up, shows me
the pistol and he says...
214
00:16:58,526 --> 00:17:01,606
Your money or your life, remarkable.
215
00:17:04,466 --> 00:17:06,946
- You were robbed of two shillings?
- I was.
216
00:17:06,986 --> 00:17:10,266
Oh, dear, still £40 is better
than two shillings.
217
00:17:10,306 --> 00:17:14,466
- Well, I don't know that it is
under a wrong cause. - A wrong cause.
218
00:17:14,506 --> 00:17:19,186
You know it is not every day that one
gets £40 reward for hanging a man? Is that not your cause?
219
00:17:19,226 --> 00:17:23,946
M'lord. My learned friend Mr Garrow
has a very rude approach.
220
00:17:23,986 --> 00:17:25,586
Mr Garrow...
221
00:17:25,626 --> 00:17:27,626
do not speculate.
222
00:17:27,666 --> 00:17:32,626
Interrogate. And do so
with a little delicacy.
223
00:17:32,666 --> 00:17:34,106
Hear, hear!
224
00:17:38,266 --> 00:17:40,066
Who paid for this prosecution?
225
00:17:40,106 --> 00:17:43,266
- Mr Forrester.
- Mr Forrester, the renowned thief-taker.
226
00:17:43,306 --> 00:17:44,786
Yes, sir.
227
00:17:44,826 --> 00:17:47,266
And who paid for your expenses
to attend this business?
228
00:17:47,306 --> 00:17:51,846
- Mr Forrester.
- What assistance that man does provide.
229
00:17:55,066 --> 00:17:57,666
No further questions, my lord.
230
00:17:59,266 --> 00:18:01,066
Thank you, Mr Grove.
231
00:18:02,986 --> 00:18:06,226
Do you think Mr Garrow makes
an impression on the jury?
232
00:18:06,266 --> 00:18:10,746
Forrester appears next and he has made
an impression on many juries.
233
00:18:10,786 --> 00:18:12,666
Call Edward Forester!
234
00:18:12,706 --> 00:18:15,746
A robbery takes place on the road
235
00:18:15,786 --> 00:18:18,266
from Hounslow to Hanworth
236
00:18:18,306 --> 00:18:24,426
where a thief-taker is dining
at that very hour. A rare convenience?
237
00:18:24,466 --> 00:18:28,146
The good fortune of those in need.
238
00:18:28,186 --> 00:18:31,866
You had no fear to pursue a man
who would wield a pistol.
239
00:18:31,906 --> 00:18:33,546
I had a pistol of my own, sir.
240
00:18:35,386 --> 00:18:36,986
Who paid for this prosecution?
241
00:18:37,026 --> 00:18:39,586
- I paid half a guinea.
- Who paid for the indictment? - I did.
242
00:18:39,626 --> 00:18:41,266
To see justice done?
243
00:18:41,306 --> 00:18:45,266
To obtain the conviction of a guilty man
who would put others in fear and danger of their life.
244
00:18:45,306 --> 00:18:47,426
- You are quoting the indictment.
- It is also my belief.
245
00:18:47,466 --> 00:18:50,426
- As a thief-taker?
- And as a man.
246
00:18:50,527 --> 00:18:54,227
But as the former, you are a taker
of rewards for the apprehension
247
00:18:54,228 --> 00:18:56,198
and conviction of those
found guilty of serious crimes.
248
00:18:56,226 --> 00:18:57,826
As the government sees fit.
249
00:18:57,866 --> 00:19:00,226
And are you hoping for a reward here?
250
00:19:00,566 --> 00:19:04,566
I would not presume on the judge,
the jury or the law.
251
00:19:07,706 --> 00:19:10,106
I put it to you that this crime
did not take place.
252
00:19:11,466 --> 00:19:15,126
A man was caught, brought before
the magistrate and stands here now.
253
00:19:15,166 --> 00:19:19,866
I put it to you that you paid Grove to make
a hue and cry against an innocent man,
254
00:19:19,886 --> 00:19:23,506
- turn him all at once into a highwayman.
- Innocence is the jury's business.
255
00:19:23,546 --> 00:19:25,866
I put it to you that
you invented this robbery.
256
00:19:25,906 --> 00:19:27,946
I put it to you that...
257
00:19:27,986 --> 00:19:30,866
the victim and the witness
are schemes of your own fiction
258
00:19:30,906 --> 00:19:33,706
as is the blameless prisoner
you accuse as your robber!
259
00:19:33,746 --> 00:19:34,806
[JUDGE BANGS GAVEL]
260
00:19:35,046 --> 00:19:42,906
Mr Garrow, it is your job to excite
distrust of the evidence not to make a speech on your client's behalf.
261
00:19:43,146 --> 00:19:46,226
Please forgive my learned friend, m'lord.
262
00:19:46,266 --> 00:19:49,986
Until today he's never actually been in the law.
263
00:19:50,366 --> 00:19:52,826
[GALLERY LAUGH]
264
00:19:55,066 --> 00:19:57,386
How long have you been in
the honorable business of thief-taking?
265
00:19:57,426 --> 00:19:59,946
Um... I can't rightly tell.
266
00:19:59,986 --> 00:20:01,486
Well, guess a little, how long?
267
00:20:01,506 --> 00:20:04,546
Well, clearly some time longer
than you've been a counsellor.
268
00:20:04,586 --> 00:20:06,626
[LAUGHTER]
269
00:20:14,026 --> 00:20:16,286
How many...
270
00:20:18,687 --> 00:20:19,887
Sir?
271
00:20:22,946 --> 00:20:26,866
- How many trials did you appear
upon last sessions? - Never a one.
272
00:20:26,906 --> 00:20:29,386
What? There was no blood money
in the last sessions?
273
00:20:29,426 --> 00:20:31,666
If there were no thieves,
how would you get a brief?
274
00:20:31,706 --> 00:20:33,146
Unless this be your last.
275
00:20:33,286 --> 00:20:35,466
[LAUGHTER]
276
00:20:39,406 --> 00:20:41,026
No more questions.
277
00:20:41,666 --> 00:20:44,346
Thank you, Mr Forrester.
278
00:20:51,786 --> 00:20:54,386
Gentlemen, you will consider
your verdict.
279
00:21:06,106 --> 00:21:08,926
You may wish
to leave this place.
280
00:21:09,066 --> 00:21:11,906
I cannot until I know
my brother's fate.
281
00:21:14,506 --> 00:21:16,266
You have reached a verdict?
282
00:21:16,306 --> 00:21:19,146
- Unanimously.
- How do you find the prisoner?
283
00:21:19,186 --> 00:21:20,586
Guilty.
284
00:21:20,626 --> 00:21:21,946
No!
285
00:21:25,306 --> 00:21:27,006
No!
286
00:21:27,346 --> 00:21:31,146
No! Please!
God have mercy!
287
00:21:31,186 --> 00:21:33,306
Judge, your Lord,
I beseech you!
288
00:21:33,346 --> 00:21:35,186
The sentence is death.
289
00:21:35,226 --> 00:21:37,386
Death by hanging.
290
00:21:49,226 --> 00:21:52,626
Take the prisoner down.
291
00:21:59,146 --> 00:22:01,186
No! No!
292
00:22:01,226 --> 00:22:05,666
[JEERING AND SHOUTING]
293
00:22:10,386 --> 00:22:14,526
It troubles you not to derive your living
from the groans of the gallows?
294
00:22:15,466 --> 00:22:17,266
Mr Garrow!
295
00:22:17,306 --> 00:22:19,806
The man is all a-flutter, my lord.
296
00:22:20,866 --> 00:22:25,126
I should demand satisfaction
if I had not already found it in the verdict.
297
00:22:25,366 --> 00:22:29,266
- You will apologise to Mr Silvester.
- I will only apologise to my client.
298
00:22:29,306 --> 00:22:32,626
- Then I shall commit you!
- So your lordship may!
299
00:22:32,666 --> 00:22:35,986
Mr Garrow, you are hot-headed
and intemperate.
300
00:22:36,226 --> 00:22:40,306
This is your first case here
and you have lost it.
301
00:22:40,446 --> 00:22:42,426
So, I forgive you.
302
00:22:42,466 --> 00:22:44,446
Now sit down.
303
00:22:51,786 --> 00:22:55,146
Next prisoner.
304
00:23:05,026 --> 00:23:06,886
May I?
305
00:23:07,426 --> 00:23:09,546
- Eat!
- Broth.
306
00:23:09,586 --> 00:23:11,786
You need food, man.
307
00:23:12,026 --> 00:23:14,886
That, and a stronger constitution.
308
00:23:15,226 --> 00:23:19,626
It is the lot of defence counsel
to see their clients carried off to Tyburn.
309
00:23:19,666 --> 00:23:22,626
I was determined mainly to prosecute,
far more congenial.
310
00:23:22,666 --> 00:23:27,666
And as for the rights of prisoners,
that's a very irregular income.
311
00:23:27,706 --> 00:23:31,226
- You will learn that the law
is not a game for gentlemen. - Will I?
312
00:23:31,366 --> 00:23:35,806
And you'll learn to become a gentleman
or there shall be no law for you at all.
313
00:23:36,786 --> 00:23:38,386
Mr Garrow.
314
00:23:49,866 --> 00:23:53,226
Sir Arthur Hill MP invites you to dinner.
315
00:23:53,266 --> 00:23:55,986
Now you have an opportunity, Garrow.
316
00:23:56,026 --> 00:23:59,026
Are you familiar with
the phenomenon of cutlery?
317
00:24:04,586 --> 00:24:07,786
I have made law and order
my business in parliament, Mr Garrow,
318
00:24:07,826 --> 00:24:14,066
but I fear I understand the law only
as we legislate, and not as it is practised.
319
00:24:14,106 --> 00:24:16,786
Even an MP should
not be quite so narrow.
320
00:24:16,826 --> 00:24:18,826
So you do attend the Old Bailey, Sir Arthur?
321
00:24:18,866 --> 00:24:21,386
I am fortunate to have
the attendance of my wife there.
322
00:24:21,426 --> 00:24:27,466
- Mr Garrow, we are grateful that
you did accept our invitation. - Lady Sarah.
323
00:24:29,506 --> 00:24:35,426
Well, I imagine those that see me
at the bench would consider me there for my leisure and sport
324
00:24:35,466 --> 00:24:39,666
and Judge Buller certainly does think me
very elegant alongside him.
325
00:24:39,706 --> 00:24:43,026
And how could you not look so,
beside him!
326
00:24:43,266 --> 00:24:45,546
I'm not there for his decoration.
327
00:24:45,586 --> 00:24:50,406
But on my behalf, so that I'm informed
from the very place where justice is dealt.
328
00:24:50,546 --> 00:24:53,666
The law be dealt there,
but no justice.
329
00:24:58,826 --> 00:25:01,046
You will enlighten us?
330
00:25:01,486 --> 00:25:05,146
I am sorry if you feel a source of enquiry
for a good dinner but
331
00:25:05,186 --> 00:25:09,146
I think at least you should have
your dinner before you feel so used.
332
00:25:09,286 --> 00:25:13,026
The law is the concern
of us all here.
333
00:25:13,066 --> 00:25:15,186
We are under siege in London
from ruffianism.
334
00:25:15,226 --> 00:25:17,466
From Chick Lane
to the Ratcliffe Highway.
335
00:25:17,506 --> 00:25:19,706
We all do well to employ
our own watchmen.
336
00:25:19,746 --> 00:25:22,066
And form our own societies.
337
00:25:22,106 --> 00:25:25,706
You have heard of the Society
for the Reformation of Manners, Mr Garrow?
338
00:25:25,726 --> 00:25:27,326
You campaign,
Mrs Browning?
339
00:25:27,346 --> 00:25:31,426
We bring prosecutions in the hope
that it will be... improving.
340
00:25:31,466 --> 00:25:38,386
Improving manners in illegitimacy, adultery,
bawdy houses, molly houses, prostitution.
341
00:25:38,426 --> 00:25:42,746
- What's a molly house?
- And what do you know of such?
342
00:25:42,986 --> 00:25:45,446
I pay attention at the Old Bailey
as you would have me do is all.
343
00:25:45,486 --> 00:25:47,206
Pay attention to...?
344
00:25:47,646 --> 00:25:51,026
Sodomy, Mr Sowerby.
Sodomy and catamites.
345
00:25:51,066 --> 00:25:53,666
Please sir, you may examine me.
346
00:25:55,946 --> 00:25:59,826
My wife did remark that your...
347
00:25:59,866 --> 00:26:02,226
defence of the prisoner was very...
348
00:26:03,546 --> 00:26:04,786
singular.
349
00:26:04,826 --> 00:26:07,106
It was why we did invite you here.
350
00:26:07,146 --> 00:26:11,186
You do not favour the protection
of our society in prosecution?
351
00:26:11,226 --> 00:26:14,066
The Bloody Code upheld?
352
00:26:14,106 --> 00:26:16,506
The terror of the rope,
the branding iron,
353
00:26:16,546 --> 00:26:19,666
the thief-takers' corruption
that sends innocent men to Tyburn?
354
00:26:19,706 --> 00:26:23,746
And you think a battle amongst counsel
the best way of arriving at the truth?
355
00:26:23,786 --> 00:26:27,586
The prisoner in the dock has been
too long left to his fate for want of counsel.
356
00:26:27,626 --> 00:26:30,066
And is your loyalty to the prisoner,
357
00:26:30,106 --> 00:26:32,406
- or your fee?
- My loyalty is to the truth.
358
00:26:32,446 --> 00:26:35,826
But you'll settle for finding a "not guilty"
regardless of the truth?
359
00:26:35,846 --> 00:26:39,746
And you think we should eke out injustice
all day long for one wrong verdict that may come between?
360
00:26:39,786 --> 00:26:41,786
I will not believe that the law is a lie.
361
00:26:41,826 --> 00:26:43,446
And I think I may be...
362
00:26:43,447 --> 00:26:49,486
better minded to listen to talk of reform
were it not so bound up with the burgeoning prospects of defence counsel.
363
00:26:49,526 --> 00:26:50,946
Now there's a truth for you.
364
00:26:50,966 --> 00:26:57,386
"Did not the felon firmly fix his hope
on flaw or jaw and so escape the rope?"
365
00:26:57,426 --> 00:27:03,346
"Justly he'd meet that fate without reprieve
that comes when the Advocate fails to deceive."
366
00:27:05,546 --> 00:27:08,026
A good satire, sir.
367
00:27:08,466 --> 00:27:13,746
It seems your investigations into the law
were concluded before they had begun.
368
00:27:13,986 --> 00:27:19,666
If I am not a source of satire
for a good dinner, I will also not be a source of amusement for it.
369
00:27:31,246 --> 00:27:36,646
I remember my father teaching
in the school where my education was under his superintendence.
370
00:27:37,906 --> 00:27:44,546
We were both mocked... him by his better
born pupils for the plainness of his background
371
00:27:44,586 --> 00:27:48,466
and myself for the fact that
no fee was paid for my education.
372
00:27:50,866 --> 00:27:53,706
My father's service was the fee.
373
00:27:53,746 --> 00:27:58,026
He suffered their insults behind his back,
he never turned to face them down.
374
00:27:58,166 --> 00:28:00,146
And you were taken out?
375
00:28:00,186 --> 00:28:02,426
Because I would bite and scratch.
376
00:28:03,166 --> 00:28:06,026
They were for Oxford,
I was articled.
377
00:28:06,266 --> 00:28:08,866
And I was grateful for it.
378
00:28:11,426 --> 00:28:13,226
And now?
379
00:28:13,766 --> 00:28:17,986
My dear friend, I thank you for your trust,
but you should not have instructed me with the case.
380
00:28:18,026 --> 00:28:20,426
Well, now you are instructed at least.
381
00:28:20,466 --> 00:28:25,746
- But I was undone by
my arrogance, my inexperience. - You lack manners.
382
00:28:25,786 --> 00:28:27,906
You were too angry.
383
00:28:27,946 --> 00:28:29,586
You lost control.
384
00:28:29,626 --> 00:28:32,586
And what did you mean
to challenge Judge Buller?
385
00:28:32,626 --> 00:28:35,306
You are in the law,
you cannot be in contempt of it.
386
00:28:35,346 --> 00:28:37,026
The law is itself is contemptible.
387
00:28:37,066 --> 00:28:40,146
Then perhaps you are
not ready to practise it.
388
00:28:43,986 --> 00:28:47,446
Your new chambers are
very commodious.
389
00:28:50,066 --> 00:28:52,226
If I still have use for them.
390
00:30:05,906 --> 00:30:11,826
It is a vile day at the Old Bailey
when we are in want of eleventh-hour briefs from attorneys.
391
00:30:11,866 --> 00:30:17,546
A state of affairs you may well
have to get used to permanently unless you begin to win.
392
00:30:17,586 --> 00:30:19,546
More than agreeable.
393
00:30:22,026 --> 00:30:23,846
Mr Silvester.
394
00:30:24,486 --> 00:30:26,126
A murder!
395
00:30:26,786 --> 00:30:31,266
And all prosecution witnesses
already called before the coroner.
396
00:30:31,306 --> 00:30:32,786
Lunch will come early.
397
00:30:35,226 --> 00:30:38,186
Will! It was a prosecution brief.
398
00:30:38,226 --> 00:30:40,346
You could not trust me
with such a case?
399
00:30:40,386 --> 00:30:44,846
I think... I think things came
a little too quickly.
400
00:30:44,986 --> 00:30:48,586
"Here and there in the crowd
we mark with pity,"
401
00:30:48,626 --> 00:30:51,546
"for his too certain fate,"
402
00:30:51,586 --> 00:30:57,346
"the careworn face of some
self-educated peasant."
403
00:30:57,386 --> 00:31:02,366
"The ambition which has aspired his toil
in the unwonted field of legal labour"
404
00:31:02,506 --> 00:31:05,666
"is doomed to inevitable blight."
405
00:31:09,146 --> 00:31:12,346
So, Mrs Tarling,
the prisoner Elizabeth Jarvis
406
00:31:12,386 --> 00:31:16,706
came into your service as a servant
some three weeks since?
407
00:31:16,746 --> 00:31:20,946
Yes, your honour. After a few days
I suspected she was with child.
408
00:31:20,986 --> 00:31:23,706
She insisted she was not.
409
00:31:23,746 --> 00:31:27,746
If the magistrate thinks the case
strong enough to go to trial,
410
00:31:27,786 --> 00:31:31,346
the Society will bring a prosecution
upon this wretch.
411
00:31:31,386 --> 00:31:35,346
...and found blood on the kitchen table
and on the floor.
412
00:31:35,386 --> 00:31:39,666
I took a candle and
followed the spots of blood
413
00:31:39,706 --> 00:31:42,346
into the coal cellar... Sorry.
414
00:31:42,386 --> 00:31:44,706
Pray continue, Mrs Tarling.
415
00:31:44,746 --> 00:31:46,906
I hope you will not find this
too distressing.
416
00:31:46,946 --> 00:31:49,346
I am not concerned about myself.
417
00:31:49,946 --> 00:31:51,946
Who will defend her?
418
00:31:51,986 --> 00:31:54,786
She may ask God's mercy.
419
00:31:54,826 --> 00:31:58,546
A pair of stockings
soaked in blood and...
420
00:31:58,586 --> 00:32:03,566
as I moved a box...
the body of a dead child.
421
00:32:26,906 --> 00:32:30,146
Her name is Elizabeth Jarvis.
422
00:32:30,186 --> 00:32:33,586
She is committed for trial.
Infanticide.
423
00:32:33,626 --> 00:32:38,026
- And you will pay for counsel?
- I will pay for Mr Garrow.
424
00:32:39,586 --> 00:32:41,266
Mr Garrow?
425
00:32:41,306 --> 00:32:42,786
No other.
426
00:32:49,786 --> 00:32:52,266
[MEN LAUGH AND CHATTER]
427
00:32:55,446 --> 00:32:57,546
- Will.
- Mr Southouse.
428
00:32:58,706 --> 00:33:03,406
You have a brief for me and I am like
a dog called to its bowl. Thank you.
429
00:33:03,546 --> 00:33:06,546
- A tankard of ale, please.
- Of course.
430
00:33:11,706 --> 00:33:15,366
How has a maidservant
a guinea for her defence?
431
00:33:15,606 --> 00:33:19,826
A lady has a guinea
and an inclination to help her.
432
00:33:19,866 --> 00:33:22,066
And you have an inclination
to help me?
433
00:33:22,106 --> 00:33:25,106
We have to prove that the child
was born dead.
434
00:33:25,146 --> 00:33:28,946
Otherwise the mother be presumed
guilty of its murder.
435
00:33:28,986 --> 00:33:32,026
The presumption of innocence,
of course, not applying in infanticide.
436
00:33:32,066 --> 00:33:33,786
Particularly when she is unmarried.
437
00:33:33,826 --> 00:33:36,586
Particularly when the birth
was concealed.
438
00:33:36,626 --> 00:33:41,746
Regarded as usually conclusive evidence
of the woman's guilt.
439
00:33:42,486 --> 00:33:45,286
And the evidence that would
be in her favour?
440
00:33:45,306 --> 00:33:47,746
Did she confess the pregnancy?
441
00:33:47,786 --> 00:33:50,146
Did she seek assistance in labour?
442
00:33:50,186 --> 00:33:53,266
Did she prepare for birth
by the collection of linen?
443
00:33:53,306 --> 00:33:55,806
And the answer to all three be "no"?
444
00:33:56,586 --> 00:34:00,586
And there is the presence
of a bloody knife
445
00:34:00,626 --> 00:34:03,486
and a surgeon attesting
to marks of violence.
446
00:34:03,526 --> 00:34:05,626
Mr Southouse, this is
an unwinnable case.
447
00:34:05,666 --> 00:34:09,246
Previously you were a barrister
with too much confidence,
448
00:34:09,286 --> 00:34:11,286
now you are one with none.
449
00:34:11,326 --> 00:34:13,406
All right, I will earn my guinea.
But who has pledged it?
450
00:34:13,446 --> 00:34:16,646
Who has better faith than I
that we can obtain an acquittal here?
451
00:34:16,686 --> 00:34:18,986
Her name is Lady Sarah Hill
452
00:34:19,326 --> 00:34:23,366
and she attended the magistrate's
committal for her education.
453
00:34:23,406 --> 00:34:28,026
- Lady Sarah Hill instructed you?
- And most expressly asked for you.
454
00:34:32,006 --> 00:34:36,346
Mrs Browning did almost drop
her spoon when you left the room.
455
00:34:36,386 --> 00:34:38,786
Well, at least she will not try
to enlist me for her society.
456
00:34:38,826 --> 00:34:42,826
You could not join the Reformation
of Manners because you have none.
457
00:34:43,166 --> 00:34:46,366
I refuse to be reformed.
And your husband?
458
00:34:46,606 --> 00:34:50,106
- He did not object.
- Because he thinks I fled the argument.
459
00:34:50,146 --> 00:34:54,006
His beliefs are sincere and certain.
460
00:34:54,046 --> 00:34:55,966
But you do not share them?
461
00:34:56,206 --> 00:34:59,086
On this particular cause, no.
462
00:35:04,466 --> 00:35:07,506
My husband sat on
a parliamentary committee
463
00:35:07,546 --> 00:35:10,766
with the aim of reforming
the law on infanticide.
464
00:35:10,786 --> 00:35:15,026
It was suggested that a lesser charge
-- concealment -- be instigated in its place.
465
00:35:15,046 --> 00:35:16,926
Your husband was
an opponent to change?
466
00:35:16,966 --> 00:35:18,926
Concealment carries
a two-year sentence.
467
00:35:18,966 --> 00:35:24,086
He was still of the opinion that women
who bring forth bastards should be hung.
468
00:35:24,226 --> 00:35:27,726
- You have read on the subject?
- Secretly,
469
00:35:27,766 --> 00:35:31,026
from the papers that lay
in my husband's study.
470
00:35:31,566 --> 00:35:35,246
Mrs Browning is convinced
that in Elizabeth Jarvis
471
00:35:35,286 --> 00:35:39,066
they will punish sexual
licentiousness and loose morals.
472
00:35:39,106 --> 00:35:44,226
I only saw a young woman trapped
and overwhelmed with fear.
473
00:35:44,966 --> 00:35:47,886
But you are not afraid yourself, I think?
474
00:35:49,046 --> 00:35:53,406
My husband would consider
my participation in this an infidelity.
475
00:35:53,446 --> 00:35:56,326
Well, it shall remain
a confidence we share.
476
00:35:56,666 --> 00:36:01,366
But in defence, and in this case above all,
I am disadvantaged in law.
477
00:36:01,406 --> 00:36:05,666
Then you shall have all the evidence
I noted in the magistrate's parlour.
478
00:36:06,006 --> 00:36:08,986
I believe I am fortunate
to have made your acquaintance.
479
00:36:09,026 --> 00:36:12,026
And fortune may allow us to prevail.
480
00:36:14,346 --> 00:36:18,246
- To Newgate? But it's not permissible.
- Why?
481
00:36:18,286 --> 00:36:22,046
- It's not etiquette.
- You would prefer taste to justice?
482
00:36:22,086 --> 00:36:24,846
I must know more than in the brief allowed.
I must see the prisoner!
483
00:36:24,886 --> 00:36:28,886
I am the attorney. I talk to the client,
I make the preparation!
484
00:36:29,126 --> 00:36:31,486
You do not trust my services
all of a sudden?
485
00:36:31,526 --> 00:36:35,046
I do not trust myself, Mr Southouse.
486
00:36:35,086 --> 00:36:37,486
It is not a wish
to flout conventions,
487
00:36:37,526 --> 00:36:42,006
it is simply thoroughness to ensure
that all ground is covered in this case.
488
00:36:42,046 --> 00:36:45,646
And that I am truly prepared.
Where before I was not.
489
00:36:45,686 --> 00:36:50,546
- Well, if it comes from humility, then happily.
- Good, excellent.
490
00:36:50,586 --> 00:36:52,526
Lady Sarah will meet us there.
491
00:36:52,566 --> 00:36:54,786
Lady Sarah, how so?
492
00:36:59,286 --> 00:37:03,886
Elizabeth... you lied about
not being pregnant.
493
00:37:03,926 --> 00:37:06,946
You then attempted
to conceal the birth.
494
00:37:07,186 --> 00:37:11,186
Explain to me as counsel for the prosecution
would have you do.
495
00:37:11,726 --> 00:37:15,986
The knowledge of my pregnancy
would bring about my dismissal, sir.
496
00:37:16,126 --> 00:37:19,846
And I would have left that residence
with no character reference
497
00:37:19,886 --> 00:37:23,886
and little chance I'd be
taken into service again.
498
00:37:24,526 --> 00:37:27,146
And I did not want
to own my shame.
499
00:37:27,347 --> 00:37:29,147
You prepared no linen.
500
00:37:29,386 --> 00:37:32,486
I had not the wits or the
wherewithal to plan anything.
501
00:37:32,526 --> 00:37:35,246
You had the wherewithal
for a knife, Elizabeth.
502
00:37:35,486 --> 00:37:40,326
You had the wits to know that you would
cut the navel string. That's no modesty, that was cold experience.
503
00:37:41,926 --> 00:37:46,446
- Well?
- I knew I had to separate the child from me.
504
00:37:46,486 --> 00:37:50,446
Bodily, yes. And in life, at first?
Did you want this child dead, so you could live?
505
00:37:50,486 --> 00:37:55,206
The child was already dead, sir!
But if it had lived...
506
00:37:55,246 --> 00:37:58,606
Would you have killed it?
Would you? Look at me!!
507
00:37:59,506 --> 00:38:05,466
I would have hid it, in the hope that
it would be found alive and well and looked after.
508
00:38:05,506 --> 00:38:09,266
And never have to follow
in the low ways of its mother.
509
00:38:10,146 --> 00:38:12,206
Gaoler?
510
00:38:17,566 --> 00:38:19,566
You would go there
for thoroughness?
511
00:38:19,606 --> 00:38:21,986
You simply convinced her
of her own worthlessness.
512
00:38:22,026 --> 00:38:23,826
And convinced myself of her innocence.
513
00:38:23,846 --> 00:38:26,286
You think to play rough tricks
to prepare your defence?
514
00:38:26,326 --> 00:38:28,526
I am in want of rough tricks.
I am learning some.
515
00:38:28,566 --> 00:38:33,566
- Her innocence may be established
in court, not in Newgate. - Maybe?
516
00:38:33,606 --> 00:38:36,606
By casting polite doubt
on the eyesight of the prosecutrix?
517
00:38:36,626 --> 00:38:40,246
Or the obtaining of an acquaintance
of Elizabeth as character witness? That will not suffice!
518
00:38:40,266 --> 00:38:46,466
- You cannot insult your way to an acquittal.
It was your mistake before. - That I was not rude enough was my mistake!
519
00:38:46,906 --> 00:38:49,586
I have no other means but
to destroy the prosecutrix
520
00:38:49,596 --> 00:38:52,546
and make war with her counsel.
What would you have me say after the trial?
521
00:38:52,586 --> 00:38:55,526
"I am in no way satisfied the jury
were right in finding the prisoner guilty"
522
00:38:55,566 --> 00:38:58,586
"but at least everything was carried out
with the utmost decorum."
523
00:38:58,596 --> 00:39:01,726
The life of Elizabeth Jarvis
is at stake
524
00:39:01,766 --> 00:39:05,766
in solemn and polished injustice.
I must be a ruffian to get at the truth,
525
00:39:06,006 --> 00:39:10,046
I must confront the Gentlemen
of the Old Bailey to save her life.
526
00:39:12,766 --> 00:39:16,296
Lady Sarah. I am sorry
you were in attendance, but...
527
00:39:16,306 --> 00:39:17,686
Nonsense!
528
00:39:18,326 --> 00:39:20,566
I am gratified to hear it.
529
00:39:21,567 --> 00:39:22,467
Well...
530
00:39:22,806 --> 00:39:25,986
Well, then, if you are
going to insult,
531
00:39:25,996 --> 00:39:29,726
your tongue must at least be well prepared
with the sharpest of facts.
532
00:39:29,766 --> 00:39:32,966
Which it is my job, as attorney,
as your attorney...
533
00:39:33,006 --> 00:39:35,286
As a fact, I've already
arranged an appointment.
534
00:39:35,326 --> 00:39:37,066
Oh? Where?
535
00:39:37,406 --> 00:39:39,486
We are to meet a surgeon.
536
00:39:46,926 --> 00:39:48,926
[WOMAN SCREAMS IN AGONY]
537
00:40:03,666 --> 00:40:05,346
And these?
538
00:40:05,686 --> 00:40:08,226
Well, these are the forceps.
539
00:40:10,786 --> 00:40:12,426
And these?
540
00:40:13,166 --> 00:40:18,326
- To cut the navel string,
in certain circumstances. - Such as?
541
00:40:18,366 --> 00:40:21,886
When it's around the baby's throat.
542
00:40:23,346 --> 00:40:26,426
Now, you wish to see the mortuary?
543
00:40:28,966 --> 00:40:32,046
In particular, the lungs
of infants recently dead.
544
00:40:32,086 --> 00:40:34,786
Certainly, there are
new cadavers there now.
545
00:40:36,086 --> 00:40:41,146
By preparation I meant black letter law
and statutes, not this atrocity!
546
00:41:12,406 --> 00:41:18,246
Elizabeth Jarvis was indicted for that she,
on the 29th April last,
547
00:41:18,286 --> 00:41:22,186
at the parish of Marylebone, being big
with a certain female child,
548
00:41:22,226 --> 00:41:26,006
the said female child,
alone and secretly from her body
549
00:41:26,026 --> 00:41:29,846
by the providence of God,
did bring forth alive,
550
00:41:29,886 --> 00:41:32,606
which said child,
being so born alive...
551
00:41:32,646 --> 00:41:35,726
Everybody does look at me.
Where do I look?
552
00:41:35,746 --> 00:41:38,936
Fix your eyes on me,
in hope you see your acquittal.
553
00:41:38,946 --> 00:41:42,686
...But being moved and seduced
by the instigation of the devil
554
00:41:42,726 --> 00:41:47,046
feloniously and wilfully
and of her malice aforethought...
555
00:41:47,586 --> 00:41:51,626
You listen for some mistake in the
indictment to get the case thrown out?
556
00:41:51,666 --> 00:41:55,746
A forlorn hope, but at least you are
learning your law , Mr Garrow.
557
00:41:55,766 --> 00:41:57,886
Improvement will surely follow,
558
00:41:57,926 --> 00:42:02,206
if not quite enough for acquittal
of this careless spinster.
559
00:42:07,766 --> 00:42:12,046
Mrs Tarling, could you tell me
what happened that morning?
560
00:42:12,086 --> 00:42:14,526
I went to the prisoner's room
with my niece.
561
00:42:14,566 --> 00:42:16,606
I found the prisoner in bed.
562
00:42:16,646 --> 00:42:19,706
And you found her,
apart from horizontal...
563
00:42:20,627 --> 00:42:21,627
Sir?
564
00:42:22,166 --> 00:42:25,926
- Her manner?
- She said she felt better.
565
00:42:25,966 --> 00:42:27,966
She felt better.
566
00:42:28,006 --> 00:42:31,346
The baby was downstairs dead,
and she felt better?
567
00:42:31,686 --> 00:42:35,686
By this, presumably, you mean
she felt relieved and glad?
568
00:42:35,726 --> 00:42:38,366
- I mean she...
- Sanguine and very calm...
569
00:42:38,386 --> 00:42:43,286
- M'lord, may the witness not be the subject
of Mr. Sylvester's ventriloquism. - I put no words into the mouth of the witness.
570
00:42:43,306 --> 00:42:48,366
- You lead her like a farmer
that brings a cow to market! - M'Lord, my friend speaks with the
571
00:42:48,406 --> 00:42:53,346
- The cow very sickly,
the farmer selling it hasty. - Mr Garrow!
572
00:42:55,646 --> 00:42:58,906
- Continue, Mr Silvester.
- My lord.
573
00:42:59,246 --> 00:43:00,926
You addressed her in her room...
574
00:43:01,366 --> 00:43:03,126
as she lay there...
575
00:43:03,466 --> 00:43:05,026
feeling better?
576
00:43:05,366 --> 00:43:06,626
Yes, sir.
577
00:43:07,166 --> 00:43:08,886
And what did you say to her?
578
00:43:09,126 --> 00:43:12,726
I told her it was
a very sad thing, and...
579
00:43:12,966 --> 00:43:16,886
- how could she do so cruel an act?
- And her reply?
580
00:43:17,126 --> 00:43:19,886
"Do what, Mrs Tarling?", she said.
581
00:43:20,326 --> 00:43:22,166
She would not own it?
582
00:43:22,206 --> 00:43:26,006
I spoke more plain. And I asked her how
she could destroy the poor little creature.
583
00:43:26,046 --> 00:43:27,766
And she responded?
584
00:43:27,806 --> 00:43:29,866
She made no answer.
585
00:43:31,326 --> 00:43:34,826
She made no answer.
586
00:43:36,146 --> 00:43:38,726
I have no more questions, my lord.
587
00:43:40,006 --> 00:43:41,946
Mrs Tarling...
588
00:43:44,086 --> 00:43:47,866
Do you remember the account of this
you gave to the magistrate? - I do.
589
00:43:48,206 --> 00:43:50,166
Do you remember that you swore it?
590
00:43:50,206 --> 00:43:51,866
I do.
591
00:43:52,206 --> 00:43:57,046
I've just heard you tell my learned friend
the prisoner gave you no answer.
592
00:43:57,086 --> 00:44:01,146
- Is that the end of what passed between you?
- I cannot recall.
593
00:44:01,156 --> 00:44:06,186
You say you asked her how
she could destroy the poor creature and she gave you no answer.
594
00:44:08,906 --> 00:44:12,666
I put it to you that you then
asked her why she did so.
595
00:44:12,686 --> 00:44:17,206
- That may be so.
- Please, try to recall what you have already sworn to.
596
00:44:18,046 --> 00:44:21,206
I think I asked her if...
597
00:44:21,246 --> 00:44:25,126
if she destroyed it
to prevent its crying.
598
00:44:25,166 --> 00:44:28,966
You asked her if she destroyed it
to prevent its crying, yes or no?
599
00:44:28,976 --> 00:44:31,526
- Yes, I did, sir.
- And how did the prisoner respond?
600
00:44:31,566 --> 00:44:35,166
- I cannot recall.
- Please try! - I cannot.
601
00:44:35,186 --> 00:44:39,806
That this young woman may be executed
in consequence of your evidence, would you not venture to recall?!
602
00:44:39,846 --> 00:44:42,086
- My lord, this is very rough!
- Why do you tremble so?
603
00:44:42,126 --> 00:44:46,526
- This is an onerous occasion.
- Yes, my client's life is at stake!
604
00:44:46,766 --> 00:44:50,586
Now would you please recall
what you swore in front of the magistrate?
605
00:44:50,626 --> 00:44:53,386
Or is the truth now
too inconvenient to own?
606
00:44:53,387 --> 00:44:54,787
- No.
- Good.
607
00:44:54,926 --> 00:44:57,746
Please look at the jury
as you do so.
608
00:44:58,806 --> 00:45:00,606
Very well.
609
00:45:01,766 --> 00:45:03,246
She said...
610
00:45:03,686 --> 00:45:05,706
It did not cry.
611
00:45:07,146 --> 00:45:09,466
It never cried.
612
00:45:16,766 --> 00:45:18,566
It did not cry.
613
00:45:19,406 --> 00:45:21,566
It never cried.
614
00:45:22,306 --> 00:45:24,446
It had no breath to cry.
615
00:45:24,786 --> 00:45:28,106
It was still and silent
and unmoving.
616
00:45:29,246 --> 00:45:31,446
It was dead when it was born.
617
00:45:31,586 --> 00:45:34,766
- Court shall adjourn for lunch.
- Court shall rise.
618
00:45:34,806 --> 00:45:37,086
My lord, I have not finished
cross-examining the witness.
619
00:45:37,096 --> 00:45:41,446
It is MY court, Mr Garrow, and
I shall determine the fate of my lamb chops
620
00:45:41,486 --> 00:45:44,886
as ruthlessly as
I determine the law here.
621
00:45:50,846 --> 00:45:55,686
Sometimes a mouth must simply
allow chewing as its function.
622
00:46:00,926 --> 00:46:05,666
The prisoner used to speak
to clear himself or hang himself.
623
00:46:05,696 --> 00:46:10,486
Now the prisoner is silent, we have
the eloquent hectoring of Mr Garrow.
624
00:46:10,526 --> 00:46:14,726
- In a cause not his own.
- Judge, it may not be his cause
625
00:46:14,766 --> 00:46:19,286
but surely the defence of the accused
is progress and therefore some improvement?
626
00:46:19,326 --> 00:46:25,966
Improvement, madam? How can it be
improvement in my own court, where I play a lesser part?
627
00:46:27,006 --> 00:46:30,926
Am I merely there to temper
Mr Garrow's reign of terror?
628
00:46:30,966 --> 00:46:37,046
I shall have to put out my leg
to trip up the coming of these lawyers, or I will be trampled underfoot!
629
00:46:37,186 --> 00:46:39,486
[POLITE LAUGHTER]
630
00:46:46,946 --> 00:46:50,326
Doctor, after you made
examination of the child,
631
00:46:50,366 --> 00:46:55,926
would your opinion be that it was
alive or dead at the time the wound to the throat was inflicted?
632
00:46:55,946 --> 00:46:57,546
Oh, alive.
633
00:46:57,686 --> 00:47:02,746
In wounds made on a living subject,
the edges are always red, and diverted. Or turned out.
634
00:47:02,766 --> 00:47:07,606
and there are little spots of coagulated blood
from the extremities of the blood vessels.
635
00:47:07,646 --> 00:47:11,846
Now that would be caused by
the coagulation of blood just before death.
636
00:47:11,886 --> 00:47:15,126
- Did you open the body of the child?
- I did.
637
00:47:15,166 --> 00:47:18,486
It was the body of a full-grown,
mature, healthy child.
638
00:47:18,526 --> 00:47:21,886
The lungs were fully inflated
which would not have been the case
639
00:47:21,896 --> 00:47:24,686
had not the child breathed
for some little time.
640
00:47:24,726 --> 00:47:29,866
In other words, the child had been alive
when it was cut with the knife.
641
00:47:29,906 --> 00:47:31,286
That is so.
642
00:47:31,526 --> 00:47:33,086
Poor little wretch.
643
00:47:33,326 --> 00:47:35,486
[SHOTS AND MURMURS FROM COURT]
644
00:47:40,726 --> 00:47:44,646
- Circulation continues after death, does it not?
- Yes.
645
00:47:44,686 --> 00:47:48,126
So those appearances that you spoke of
could equally occur after death?
646
00:47:48,166 --> 00:47:53,266
I should say not. Unless... a very
few minutes after death possibly.
647
00:47:53,286 --> 00:47:56,086
But my experience
has not been such.
648
00:47:56,526 --> 00:48:01,386
And I understand the test to which
you subjected the lungs is called the hydrostatic test? - Yes.
649
00:48:01,626 --> 00:48:07,286
- And you have read Beck and Taylor's work
on medical jurisprudence? - They are High authorities on that subject.
650
00:48:07,326 --> 00:48:14,926
Indeed they are. Well, you will tell me
whether you subscribe to this doctrine of Professor Taylor.
651
00:48:14,966 --> 00:48:19,086
"The hydrostatic test is no more capable
of showing that a child has been born alive
652
00:48:19,126 --> 00:48:23,406
"than it is of proving whether it has been
murdered or died of natural causes."
653
00:48:23,446 --> 00:48:26,466
In other words, the exercise
is worthless is it not?
654
00:48:26,806 --> 00:48:28,806
My own experience tells me...
655
00:48:29,046 --> 00:48:32,606
Then the highest authority
on this subject is incorrect?
656
00:48:37,166 --> 00:48:43,566
Well, I have never before engaged
professionally on an inquiry of this nature.
657
00:48:43,606 --> 00:48:49,086
Oh, really, then you are some kind of beginner?
Your own experience doesn't mean very much. - Mr Garrow?
658
00:48:49,126 --> 00:48:53,006
If you have the work of Professor Taylor
alongside you,
659
00:48:53,046 --> 00:48:56,206
may I suggest you read out
the relevant excerpt in court.
660
00:48:59,366 --> 00:49:01,126
Yes, your honour.
661
00:49:08,106 --> 00:49:11,346
Who is this man?
Is this man an attorney?
662
00:49:12,086 --> 00:49:13,966
Junior counsel, my lord.
663
00:49:21,126 --> 00:49:26,406
"The majority of those who have made
experiments upon this subject have only pretended to show,
664
00:49:26,446 --> 00:49:30,926
"by the use of this and other tests,
whether or not a child has breathed."
665
00:49:30,966 --> 00:49:34,566
Is that you, sir? Conducting
unreliable experiments?
666
00:49:34,606 --> 00:49:38,726
Pronouncing solemnly on scientific
advancements that actually advance nothing?
667
00:49:38,766 --> 00:49:43,246
The child breathed with some force.
It was a vital act.
668
00:49:43,286 --> 00:49:46,226
And how would it have breathed
with a cord around its neck?
669
00:49:46,246 --> 00:49:48,206
Enough for the lungs to inflate!
670
00:49:48,246 --> 00:49:50,686
Dear me, sir, how your lungs inflate.
671
00:49:50,726 --> 00:49:53,766
[LAUGHTER]
672
00:50:04,086 --> 00:50:07,526
- Do you recognise these, Mr Herring?
- Yes.
673
00:50:07,566 --> 00:50:09,286
They're used in some deliveries.
674
00:50:09,326 --> 00:50:13,806
They are used, are they're not,
in cases where the navel string,
675
00:50:13,846 --> 00:50:17,346
the umbilical cord, is twisted
around the neck of the child.
676
00:50:17,386 --> 00:50:19,426
- I believe so.
- You believe so?
677
00:50:19,446 --> 00:50:21,166
I have not used them.
678
00:50:21,266 --> 00:50:27,366
I believe the process of cutting the cord
in such circumstances is considered so hazardous
679
00:50:27,406 --> 00:50:31,406
that this peculiar pair of scissors
is manufactured for the purpose, is it not?
680
00:50:31,446 --> 00:50:36,406
To prevent, by accident,
an incision in the throat of a child?
681
00:50:36,446 --> 00:50:37,926
Mr Garrow...
682
00:50:41,726 --> 00:50:45,206
- I have never cut the cord from a child's neck.
- From design?
683
00:50:45,246 --> 00:50:47,846
I have never had the experience
of such an event.
684
00:50:47,886 --> 00:50:50,126
Really? Oh, dear, oh, dear.
685
00:50:50,166 --> 00:50:54,006
Precisely how many children
have you delivered? - Several.
686
00:50:54,046 --> 00:50:56,646
- A dozen or...
- Well, one or the other, Mr Herring.
687
00:50:56,686 --> 00:50:59,246
It is not my specialism.
688
00:50:59,286 --> 00:51:01,966
Poor fellow, you are without
the necessary competence once again.
689
00:51:02,006 --> 00:51:05,886
- My lord, this is bullying.
- Curb your tongue, Mr Garrow.
690
00:51:06,026 --> 00:51:07,446
Yes, your honour.
691
00:51:08,086 --> 00:51:10,966
Despite your lack of expertise,
692
00:51:11,006 --> 00:51:15,706
you do acknowledge that cutting the cord
from a child's neck may cause an incision there.
693
00:51:16,146 --> 00:51:18,106
It's a possibility.
694
00:51:19,246 --> 00:51:22,046
Very well.
695
00:51:22,086 --> 00:51:24,206
Can you not say...
696
00:51:24,446 --> 00:51:30,566
that a female in such circumstances as
unassisted labour, may from pain and anxiety,
697
00:51:30,606 --> 00:51:33,146
become deprived of all judgment,
698
00:51:33,286 --> 00:51:38,246
cause an incision by accident
in the throat of a child?
699
00:51:38,486 --> 00:51:42,526
A child who was fatally compromised
by the cord around its neck...
700
00:51:43,066 --> 00:51:45,706
and therefore dead
701
00:51:46,046 --> 00:51:50,966
and from whom this poor mother
was naturally anxious to remove herself?
702
00:51:51,006 --> 00:51:54,726
My lord, my learned friend
is addressing the jury.
703
00:51:54,766 --> 00:51:56,806
My lord, I'm merely looking their way.
704
00:51:56,846 --> 00:52:00,006
You may not address them
with your mouth or your eyes.
705
00:52:00,046 --> 00:52:03,186
- I know the limitations of my defence.
- As do I!
706
00:52:04,286 --> 00:52:08,646
Perhaps you would like the witness
to provide an answer to your... speech.
707
00:52:08,686 --> 00:52:12,586
- It is my fervent wish.
- Then put it to him more succinctly.
708
00:52:14,886 --> 00:52:17,126
I put it to you, Mr Herring,
709
00:52:17,166 --> 00:52:21,366
that the wound to the child's throat
was not a mark of violence at all
710
00:52:21,406 --> 00:52:23,926
but a sad sign of desperation.
711
00:52:23,966 --> 00:52:28,646
She cut her offspring's neck because
she did not know what she was doing.
712
00:52:34,846 --> 00:52:37,846
It may be so.
713
00:52:42,006 --> 00:52:44,826
Court will adjourn for a short time.
714
00:52:44,866 --> 00:52:46,826
Court shall rise.
715
00:52:49,106 --> 00:52:55,026
I was earlier detained
by some doubtful lamb chops and I fear they may detain me again.
716
00:53:05,286 --> 00:53:09,426
- You think it goes well, Mr Southouse?
- I think we head towards acquittal.
717
00:53:09,466 --> 00:53:13,446
- The judge is determined that you shall lose.
- How so?
718
00:53:13,486 --> 00:53:16,006
In the way that
he will direct the jury.
719
00:53:20,486 --> 00:53:22,766
What can be done, Mr Southouse?
720
00:53:22,796 --> 00:53:25,646
If he is determined,
there is nothing to be done.
721
00:53:28,446 --> 00:53:30,086
Will?
722
00:53:35,686 --> 00:53:37,046
Court shall rise.
723
00:53:38,566 --> 00:53:43,806
I cannot address the jury directly
so the court must hear your voice.
724
00:53:43,846 --> 00:53:47,886
- What do I say?
- How you did defend yourself to me in Newgate.
725
00:53:47,926 --> 00:53:50,006
Remember how you were in Newgate.
726
00:53:50,046 --> 00:53:51,746
- Mr Silvester.
- My lord?
727
00:53:51,747 --> 00:53:54,527
Do you wish to call any more witnesses?
- None, my lord.
728
00:53:54,566 --> 00:54:00,066
- Mr Garrow, any witnesses as to
the defendant's character? - None, my lord.
729
00:54:01,026 --> 00:54:02,586
Very well.
730
00:54:03,726 --> 00:54:05,606
Sir...
731
00:54:05,746 --> 00:54:07,706
if I may...
732
00:54:14,386 --> 00:54:16,946
I could not own to the pregnancy
733
00:54:17,186 --> 00:54:20,026
because I could not bear it to be true.
734
00:54:21,426 --> 00:54:23,606
But I held...
735
00:54:25,666 --> 00:54:29,546
..I held my child in the cellar
736
00:54:29,586 --> 00:54:33,506
as its flesh grew colder and colder...
737
00:54:34,866 --> 00:54:38,386
..until I grew cold next to her.
738
00:54:40,066 --> 00:54:42,826
I did not sleep that night.
739
00:54:42,866 --> 00:54:46,626
I did not wash her blood from me.
I would not.
740
00:54:46,666 --> 00:54:49,126
It was also my blood.
741
00:54:50,906 --> 00:54:54,526
My baby did not suffer in life.
742
00:54:55,166 --> 00:54:58,646
My baby was born at peace.
743
00:55:08,566 --> 00:55:14,726
The single question here is whether the mother
has proved that the infant was born dead.
744
00:55:14,766 --> 00:55:18,546
I draw your attention to grievous wounds
at the child's throat.
745
00:55:18,566 --> 00:55:21,126
I draw your attention to the fact
746
00:55:21,527 --> 00:55:27,726
the young woman had provided no things
for the child. No clothing, no linen.
747
00:55:27,966 --> 00:55:32,866
It suggests that she was in no way
prepared for the arrival of the child,
748
00:55:32,906 --> 00:55:36,986
had no intention of keeping it.
749
00:55:37,026 --> 00:55:42,266
To be sure, in this case there is evidence
to convict of the crime of wilful murder.
750
00:55:42,406 --> 00:55:46,606
You will confer and reach a verdict.
751
00:55:49,066 --> 00:55:51,926
[JURY CONFERS IN WHISPERS]
752
00:56:09,466 --> 00:56:12,586
- You have reached a verdict?
- We have.
753
00:56:12,626 --> 00:56:16,786
How do you find the prisoner charged
with this indictment? Guilty or not guilty?
754
00:56:16,826 --> 00:56:19,526
Not guilty.
[HUBBUB IN COURT]
755
00:56:25,906 --> 00:56:28,886
The prisoner is free to go.
756
00:56:39,146 --> 00:56:42,146
You think I play the law
as a game for gentlemen.
757
00:56:42,186 --> 00:56:44,186
You're not wrong.
758
00:56:44,226 --> 00:56:48,706
But now, sir, you will find me in earnest.
759
00:56:58,266 --> 00:57:00,726
Mr Garrow, you are also free to go,
760
00:57:00,866 --> 00:57:04,746
unless of course you intend to defend
every prisoner here today?
761
00:57:04,986 --> 00:57:08,566
Not today, my lord,
but perhaps tomorrow.
762
00:57:13,206 --> 00:57:14,926
Next prisoner!
763
00:57:18,126 --> 00:57:20,346
I owe you my life, Mr Garrow.
764
00:57:20,386 --> 00:57:23,746
It should not have been at stake.
But you will thrive now.
765
00:57:23,786 --> 00:57:26,846
With a reference, I may have hope
of some employment.
766
00:57:26,847 --> 00:57:30,147
- Mr Southouse?
- Gladly.
767
00:57:31,206 --> 00:57:33,386
Thank you...
768
00:57:33,826 --> 00:57:36,446
Thank you, both.
769
00:57:46,906 --> 00:57:49,666
Thank God you did not disappoint me.
770
00:57:49,706 --> 00:57:54,146
And now perhaps by association with me,
you will not be blackened further as a Newgate solicitor.
771
00:57:54,166 --> 00:57:57,426
By association with you I may find
some other trouble altogether.
772
00:57:57,466 --> 00:58:00,026
I shall change the trial forever.
773
00:58:00,066 --> 00:58:03,466
Then you shall make enemies,
Mr Garrow.
774
00:58:05,106 --> 00:58:08,866
I hope there shall be some
who will favour me.
775
00:58:26,306 --> 00:58:28,486
Oh!
[WOMAN SCREAMS]
776
00:58:28,526 --> 00:58:30,426
I cannot do what
is not in my heart to do.
777
00:58:30,466 --> 00:58:33,906
You were called to the bar.
They do not announce your heart there!
778
00:58:33,946 --> 00:58:37,026
That man is the monster!
He is the monster that did attack me!
779
00:58:37,066 --> 00:58:41,266
You no longer find favour
with the public gallery, Mr Garrow.
780
00:58:41,276 --> 00:58:43,626
I would happily lay my hands
on you, Rawlings!
781
00:58:44,066 --> 00:58:48,046
Madam, your agitation seems to occur
at the most convenient time!
782
00:59:09,106 --> 00:59:14,186
Subtitles by Red Bee Media Ltd 2009
- corrected by Rubens -
783
00:59:14,236 --> 00:59:18,786
Repair and Synchronization by
Easy Subtitles Synchronizer 1.0.0.0
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