Blackwood's Edinburgh Magazine — Volume 54, No. 335, September 1843

"Is the prisoner known?" enquired his lordship.

The counsellor rose instanter.

"Oh, very well, my lud—an old hand, my lud—one of the pests of his parish."

"Is this his first offence?"

The barrister poked his ear close to the mouth of the prosecutor before he answered.

"By no means, my lud—he has been frequently convicted."

"For the like offence?" enquired the Judge.

Again the ear and mouth were in juxtaposition.

"We believe so, my lud—we believe so," replied the smart barrister; "but we cannot speak positively."

The culprit raised his leaden eye, and turned his sad look towards the judge, his best friend there.

"For BEGGARY, my lord," he uttered, almost solemnly.

"Does any body know you, prisoner?" asked my lord. "Can any one speak to your previous character?"

The deserted one looked around the court languidly enough, and shook his head, but, at the same instant there was a rustling amongst the crowd of auditors, and a general movement, such as follows the breaking up of a compact mass of men when one is striving to pass through it.

"Si-lence!" exclaimed a sonorous voice, belonging to a punchy body, a tall wand, and a black bombasin gown; and immediately afterwards, "a friend of the prisoner's, my lord. Get into that box—speak loud—look at his lordship. Si-lence!"

The individual who caused this little excitement, and who now ascended the witness's tribune, was a labouring man. He held a paper cap in his hand, and wore a jacket of flannel. The prisoner glanced at him without seeming to recognize his friend, whilst the eyes of the young lawyer actually glistened at the opportunity which had come at last for the display of his skill.

"What are you, my man?" said the judge in a tone of kindness.

"A journeyman carpenter, please your worship."

"You must say my lord—say my lord," interposed the bombasin gown.

"Speak out. Si-lence!"

"Where do you live?"

"Friar's Place—please you, my lord." The bombasin smiled pitifully at the ignorance of the witness, and said no more.

"Do you know the prisoner at the bar?"

"About ten weeks ago—please you, my lord, I was hired by the landlord—"

"Answer his lordship, sir," exclaimed the counsel for the prosecution in a tone of thunder. "Never mind the landlord. Do you know the prisoner?"

"Why, I was a saying, please you, my lord, about ten weeks ago I was hired by the landlord—"

"Answer directly, sir," continued the animated barrister—"or take the consequences. Do you know the prisoner?"

"Let him tell his story his own way, Mr Nailhim," interposed his lordship blandly. "We shall sooner get to the end of it."

Mr Nailhim bowed to the opinion of the court, and sat down.

"Now, my man," said his lordship, "as quickly as you can, tell me whatever you know of the prisoner."

"About ten weeks ago—please you, my lord," began the journey-man de novo, "I was hired by the landlord of them houses as is sitiwated where Mr Warton lives—" (The bombasin looked at the witness with profound contempt, and well he might! The idea of calling a prisoner at the bar Mr—stupendous ignorance!) "and I see'd him day arter day, and nobody was put to it as bad as he was. He has got a wife and three children, and I know he worked as hard as he could whilst he was able; but when he got ill he couldn't, and he was druv to it. I have often taken a loaf of bread to him, and all I wish is, he had stolen one of mine behind my back instead of the baker's. I shouldn't have come agin him, poor fellow! and I am sure he wouldn't have done it if his young uns hadn't been starving. I never see'd him before that time, but I could take my affidavy he's an industrious and honest man, and as sober, please you, my lord, as a judge."

At this last piece of irreverence, the man with the staff stood perfectly still, lost as it seemed, in wonder at the hardihood of him who could so speak.

"Have you any thing more to say?" asked his lordship.

The carpenter hesitated for a second or two, and then acknowledged that he had not; and, such being the case, it seemed hardly necessary for Mr Nailhim to prolong his examination. But that gentleman thought otherwise. He rose, adjusted his gown, and looked not only at the witness, but through and through him.

"Now, young man," said he, "what is your name?"

"John Mallett, sir," replied the carpenter.

"John Mallett. Very well. Now, John Mallett, who advised you to come here to-day? Take care what you are about, John Mallett."

The carpenter, without a moment's hesitation, answered that his "old woman had advised him; and very good advice it was, he thought."

"Never mind your thoughts, sir. You don't come here to think. Where do you live?"

The witness answered.

"You have not lived long there, I believe?"

"Not quite a fortnight, sir."

"You left your last lodging in a hurry too, I think, John Mallett?"

"Rather so, sir," answered Innocence itself, little dreaming of effects and consequences.

"A little trouble, eh, John Mallett?"

"Mighty deal your lordship, ah, ah, ah!" replied the witness quite jocosely, and beginning to enjoy the sport.

"Don't laugh here, sir, but can you tell us what you were doing, sir, last Christmas four years?"

Of course he could not—and Mr Nailhim knew it, or he never would have put the question; and the unlucky witness grew so confused in his attempt to find the matter out, and, in his guesses, so confounded one Christmas with another, that first he blushed, and then he spoke, and then he checked himself, and spoke again, just contradicting what he said before, and looked at length as like a guilty man as any in the jail. Lest the effect upon the court might still be incomplete, the wily Nailhim, in the height of Mallett's trouble, threw, furtively and knowingly, a glance towards the jury, and smiled upon them so familiarly, that any lingering doubt must instantly have given way. They agreed unanimously with Nailhim. A greater scoundrel never lived than this John Mallett. The counsellor perceived his victory, and spoke.

"Go down, sir, instantly," said he, "and take care how you show your face up there again. I have nothing more to say, my lud."

And down John Mallett went, his friend and he much worse for his intentions.

"And now this mighty case is closed!" thought I. "What will they do to such a wretch!" I was disappointed. The good judge was determined not to forsake the man, and he once more addressed him.

"Prisoner," said he, "what induced you to commit this act?"

The prisoner again turned his desponding eye upwards, and answered, as before—

"Beggary, my lord."

"What are you?"

"Nothing, my lord—any thing."

"Have you no trade?"

"No, my lord."

"What do your wife and children do?"

"They are helpless, my lord, and they starve with me."

"Does no one know you in your neighbourhood?"

"No one, my lord. I am a stranger there. We are all low people there, my lord."

There was something so truly humble and plaintive in the tone with which these words were spoken, and the eyes of the afflicted man filled so suddenly with tears as he uttered them, that I became affected in a manner which I now find it difficult to describe. My blood seemed to chill, and my heart to rush into my throat. I am ashamed to say that my own eyes were as moist as the prisoner's. I resolved from that moment to become his friend, and to enquire into his circumstances and character, as soon as the present proceedings were at an end.

"How long has the prisoner been confined already?"

"Something like three months, my lud," answered the barrister cavalierly as if months were minutes.

"It is punishment enough," said the judge—"let him be discharged now. Prisoner, you are discharged—you must endeavour to get employment. If you are ill, apply to your parish; there is no excuse for stealing—none whatever. You are at liberty now."

The information did not seem to carry much delight to the heart of him whom it was intended to benefit. He rose from his chair, bowed to his lordship, and then followed the turnkey, in whose expression of countenance and attentions there was certainly a marked alteration since the wind had set in favourably from the bench. The man departed. Moved by a natural impulse, I likewise quitted the court the instant afterwards, enquired of one of the officials the way of egress for discharged prisoners, and betook myself there without delay. What my object was I cannot now, as I could not then, define. I certainly did not intend to accost the poor fellow, or to commit myself in any way with him, for the present, at all events. Yet there I was, and I could not move from the spot, however useless or absurd my presence there might be. It was a small low door, with broad nails beaten into it, through which the liberated passed, as they stepped from gloom and despair, into freedom and the unshackled light of heaven. I was not then in a mood to trust myself to the consideration of the various and mingled feelings with which men from time to time, and after months of hopelessness and pain, must have bounded from that barrier, into the joy of liberty and life. My feelings had become in some way mastered by what I had seen, and all about my heart was disturbance and unseemly effeminacy. There was only one individual, besides myself, walking in the narrow court-yard, which, but for our footsteps, would have been as silent as a grave. This was a woman—a beggar—carrying, as usual, a child, that drew less sustenance than sorrow from the mother's breast. She was in rags, but she looked clean, and she might once have been beautiful; but settled trouble and privation had pressed upon her hollow eye—had feasted on her bloomy skin. I could not tell her age. With a glance I saw that she was old in suffering. And what was her business here? For whom did she wait? Was it for the father of that child?—and was she so satisfied of her partner's innocence, and the justice of mankind, that here she lingered to receive him, assured of meeting him again? What was his crime?—his character?—her history? I would have given much to know, indeed, I was about to question her, when I was startled and detained by the drawing of a bolt—the opening of the door—and the appearance of the very man whom I had come to see. He did not perceive me. He perceived nothing but the mother and the child—his wife and his child. She ran to him, and sobbed on his bosom. He said nothing. He was calm—composed; but he took the child gently from her arms, carried the little thing himself to give her ease, and walked on. She at his side, weeping ever; but he silent, and not suffering himself to speak, save when a word of tenderness could lull the hungry child, who cried for what the mother might not yield her. Still without a specific object, I followed the pair, and passed with them into the most ancient and least reputable quarter of the city. They trudged from street to street, through squalid courts and lanes, until I questioned the propriety of proceeding, and the likelihood of my ever getting home again. At length, however, they stopped. It was a close, narrow, densely peopled lane in which they halted. The road was thick with mud and filth; the pavement and the doorways of the houses were filled with ill-clad sickly children, the houses themselves looked forbidding and unclean. The bread-stealer and his wife were recognised by half a dozen coarse women, who, half intoxicated, thronged the entrance to the house opposite to that in which they lodged, and a significant laugh and nod of the head were the greetings with which they received the released one back again. There was little heart or sympathy in the movement, and the wretched couple understood it so. The woman had dried her tears—both held down their heads—even there—for shame, and both crawled into the hole in which, for their children's sake, they lived, and were content to find their home. Now, then, it was time to retrace my steps. It was, but I could not move from the spot—that is, not retreat from it, as yet. There was something to do. My conscience cried aloud to me, and, thank God, was clamorous till I grew human and obedient. I entered the house. A child was sitting at the foot of the stairs, her face and arms begrimed—her black hair hanging to her back foul with disease and dirt. She was about nine years old; but evil knowledge, cunning duplicity, and the rest, were glaring in her precocious face. She clasped her knees with her extended hands, and swinging backwards and forwards, sang, in a loud and impudent voice, the burden of an obscene song. I asked this creature if a man named Warton dwelt there. She ceased her song, and commenced whistling—then stared me full in the face and burst into loud laughter.

"What will you give if I tell you?" said she, with a bold grin. "Will you stand a glass of gin?"

I shuddered. At the same moment I heard a loud coughing, and the voice of the man himself overhead. I ascended the stairs, and, as I did so, the girl began her song again, as if she had suffered no interruption. I gathered from a crone whom I encountered at the top of the first flight of steps, that the person of whom I was in quest lived with his family in the back room of the highest floor; and thither, with unfailing courage, I proceeded. I arrived at the door, knocked at it briskly without a moment's hesitation, and recognized the deep and now well-known tones of Warton in the voice desiring men to enter. The room was very small, and had no article of furniture except a table and two chairs. Some straw was strewn in a corner of the room, and two children were lying asleep upon it, their only covering being a few patches of worn-out carpet. Another layer was in the opposite corner, similarly provided with clothing. This was the parents' bed. I was too confused, and too anxious to avoid giving offence, to make a closer observation. The man and his wife were sitting together when I entered. The former had still the infant in his arms, and he rose to receive me with an air of good breeding and politeness, that staggered me from the contrast it afforded with his miserable condition—his frightful poverty.

"I have to ask your pardon," said I, "for this intrusion, but your name is Warton, I believe?"

"It is, sir," he replied—and the eyes of the wife glistened again, as she gathered hope and comfort from my unexpected visit. She trembled as she looked at me, and the tears gushed forth again.

("These are not bad people, I will swear it," I said to myself, as I marked her, and I took confidence from the conviction, and went on.)

"I have come to you," said I, "straight from the sessions'-house, where, by accident, I was present during your short trial. I wish to be of a little service to you. I am not a rich man, and my means do not enable me to do as much as I would desire; but I can relieve your immediate want, and perhaps do something more for you hereafter, if I find you are deserving of assistance."

"You are very kind, sir," answered the man, "and I am very grateful to you. We are strangers to you, sir, but I trust these (pointing to his wife and children) may deserve your bounty. For myself—"

"Hush, dear!" said his wife, with a gentleness and accent that confounded me. Low people! why, with full stomachs, decent clothing, and a few pounds, they might with every propriety have been ushered at once into a drawing-room.

"Poor Warton is very ill, sir," continued the wife, "and much suffering has robbed him of his peace of mind. I am sure, sir, we shall be truly grateful for your help. We need it, sir, Heaven knows, and he is not undeserving—no, let them say what they will."

I believed it in my heart, but I would not say so without less partial evidence.

"Well," I continued, "we will talk of this by and by. I am determined to make a strict enquiry, for your own sakes as well as my own. But you are starving now, it seems, and I sha'n't enquire whether you deserve a loaf of bread. Here," said I, giving, them a sovereign, "get something to eat, for God's sake, and put a little colour, if you can, into those little faces when they wake again."

The man started suddenly from his chair, and walked quickly to the window. His wife followed him, alarmed, and took the infant from his arms, whilst he himself pressed his hand to his heart, as though he would prevent its bursting. His face grew deathly pale. The female watched him earnestly, and the hitherto silent and morose man, convulsed by excess of feeling, quivered in every limb, whilst he said with difficulty—

"Anna, I shall die—I am suffocated—air—air—my heart beats like a hammer."

I threw the window open, and the man drooped on the sill, and wept fearfully.

"What does this mean?" I asked, speaking in a low tone to the wife.

"Your sudden kindness, sir. He is not able to bear it. He is proof against cruelty and persecution—he has grown reckless to them, but constant illness has made him so weak, that any thing unusual quite overcomes him."

"Well, there, take the money, and get some food as quickly as you can. I will not wait to distress him now. I will call again to-morrow; he will be quieter then, and we'll see what can be done for you. Those children must be cold. Have you no blankets?"

"None, sir. We have nothing in the world. What, you see here, even to the straw, belongs, to the landlord of the house, who has been charitable enough to give us shelter."

"Well, never mind—don't despond—don't give way—keep the poor fellow's sprits up. Here's another crown. Let him have a glass of wine, it will strengthen him; and do you take a glass too. I shall see you again to-morrow. There, good-by."

And, fool and woman that I was, on I went, and stood for some minutes, ashamed of myself, in the passage below, because, forsooth, I had been talking and exciting myself until my eyes had filled uncomfortably with water.

It was impossible for me to go to sleep again until I had purchased blankets for these people, and so I resolved at once to get them. I was leaving the house for that purpose, when a porter with a bundle entered it.

"Whom do you want, my man?" said I.

"One Warton, sir", said he.

"Top of the house," said I again—"back room—to the right. What have you got there?"

"Some sheets and blankets, sir."

"From whom?"

"My master sir, here's his card."

It was the card of an upholsterer living within a short distance of where I stood. I directed the porter again, and forthwith sallied to the man of furniture. Here I learnt that I had been forestalled by an individual as zealous in the cause of poor Warton as myself. I was glad of this, for I knew very well, in doing any little piece of duty, how apt our dirty vanity is to puff us up, and to make us assume so much more than we have any title to; and it is nothing short of relief to be able to extinguish this said vanity in the broad light of other men's benevolence. The upholsterer, however, could not inform me who this generous man was, or how he had been made aware of Warton's indigence. It appears that he had called only a few minutes before I arrived, and had requested that the articles which he purchased should be sent, without a moment's delay, to the address which he gave. He waited in the shop until the porter quitted it, and then departed, having, at the request of the upholsterer, who was curious for the name of his customer, described himself in the day-book as Mr Jones. "He was not a gentleman," said the man of business, "certainly not, and he didn't look like a tradesman. I should say," he added, "that he was a gentleman's butler, for he was mighty consequential, ordered every body about, and wanted me to take off discount."

My mind being made easy in respect of the blankets, I had nothing to do but to return, as diligently as I could, to the house of my friend, Mr Treherne. I reached his dwelling in time to prepare for dinner, at which repast, as on the previous evening, I encountered a few select friends and opulent business men. These were a different set. Before joining them, Treherne had given me to understand that they were all very wealthy, and very liberal in their politics, and before quitting them I heartily believed him. There was a great deal of talk during dinner, and, as the newspapers say, after the cloth was removed, on the aspect of affairs in general. The corn-laws were discussed, the condition of the Irish was lamented, the landed gentry were abused, the Church was threatened, the Tories were alluded to as the enemies of mankind and the locusts of the earth; whilst the people, the poor, the labouring classes, the masses, and whatever was comprised within these terms, had their warmest sympathy and approbation. My habits are somewhat retired, and I mix now little with men. I can conscientiously affirm, that I never in my life heard finer sentiments or deeper philanthropy than I did on this occasion from the guests of my friend, and with what pleasure I need not say, when it suddenly occurred to me to call upon them for a subscription on behalf of the starving family whom I had met that day.

"You must take care, my dear sir," said a gentleman, before I had half finished my story, (he might be called the leader of the opposition from the precedence which he took in the company in opposing all existing institutions,)—"You must, indeed; you are a stranger here. You must not believe all you hear. These fellows will trump up any tale. I know them of old. Don't you be taken in. Take my word—it's a man's own fault if he comes to want. Depend upon it."

"So it is—so it is; that's very true," responded half-a-dozen gentlemen with large bellies, sipping claret as they spoke.

"I do not think, gentlemen," I answered, "that I am imposed upon in this case."

"Ah, ah!" said many Liberals at once, shaking their heads in pity at my simplicity.

"At all events," I added, "you'll not refuse a little aid."

"Certainly, I shall," replied the leader; "it's a rule, sir. I wouldn't break through it. I act entirely upon principle! I can't encourage robbery and vagrancy. It's Quixotic."

"Quite so—quite so!" murmured the bellies.

"Besides, there's the Union; we are paying for that. Why don't these people go in? Why, they tell me they may live in luxury there!"

"He has a wife and three children—it's hard to separate, perhaps—"

"Pooh, pooh, sir!"

"Pooh, pooh!" echoed the bellies.

"And, I'll tell you what, sir," said the gentleman emphatically in conclusion, "if you want to do good to society, you mustn't begin at the fag end of it; leave the thieves to the jailers, and the poor to the guardians. Repeal the corn-laws—give us free trade—universal suffrage—and religious liberty; that's what we want. I don't ask you to put a tax upon tallow—why do you want to put a tax upon corn? I don't ask you to pay my minister—why do you want me to pay your parson? I don't ask you—"

"Oh! don't let us hear all that over again, there's a good fellow," said Treherne, imploringly. "Curse politics. Who is for whist? The tables are ready."

The company rose to a man at the mention of whist, and took their places at the tables. I did not plead again for poor Warton; but his wretched apartment came often before my eyes in the glitter of the wax-lit room in which I stood, surrounded by profusion. His unhappy but faithful wife—his sleeping children—his own affecting expression of gratitude, occupied my mind, and soothed it. What a blessed thing it is to minister to the necessities of others! How happy I felt in the knowledge that they would sleep peacefully and well that night! I had been for some time musing in a corner of the room, when I was roused by the loud voice of the Liberal.