The Diary and Letters of Madame D'Arblay Volume Ii Part 77

"Not such one," cried James, "as we had last summer at Aylsham!"

"But what officers you are!" he cried, "you men of Captain Cook; you rise upon us in every trial! This Captain Bligh,--what feats, what wonders he has performed! What difficulties got through! What dangers defied! And with such cool, manly skill!"

They talked the narrative over as far as Mr. Windham had in Ma.n.u.script seen its sketch; but as I had not read it, I could not enter into its detail.

MR. WINDHAM SPEAKS ON A LEGAL POINT.

Mr. Windham took his seat by my elbow, and renewed one of his old style of conversations about the trial ; each of us firmly maintaining our original ground. I believe he has now relinquished his expectation of making me a convert. He surprised me soon by saying, "I begin to fear, after all, that what you have been talking about to me will come to pa.s.s."

I found he meant his own speaking upon a new charge, which, when I last saw him, he exultingly told me was given up. He explained the apparent inconsistency by telling me that some new change of plan had taken place, and that Mr. Burke was extremely urgent with him to open the next charge: "And I cannot," he cried emphatically, "leave Burke in the lurch!" I both believed and applauded him so far; but why

)Page 59 are either of them engaged in a prosecution so uncoloured by necessity?

One chance he had still of escaping this tremendous task, he told me, which was that it might devolve upon Grey but Burke, he did not disavow, wished it to be himself. "However," he laughingly added, "I think we may toss up In that case, how I wish he may lose! not only from believing him the abler enemy, but to reserve his name from amongst the active list in such a cause.

He bewailed,---with an arch look that showed his consciousness I should like the lamentation,--that he was now all unprepared,-- all fresh to begin in doc.u.ments and materials, the charge being wholly new and unexpected, and that which he had considered relinquished.

"I am glad, however," cried I, "your original charge is given up; for I well remember what you said of it."

"I might be flattered," cried he, "and enough, that you should remember anything I say--did I not know it was only for the sake of its subject,"--looking down upon Mr. Hastings.

I could not possibly deny this but added that I recollected he had acknowledged his charge was to prove Mr. Hastings mean, pitiful, little, and fraudulent."

The trial this day consisted almost wholly in dispute upon evidence - the managers offered such as the counsel held improper, and the judges and lords at last adjourned to debate the matter in their own chamber. Mr. Burke made a very fine speech upon the rights of the prosecutor to bring forward his accusation, for the benefit of justice, in such mode as appeared most consonant to his own reason and the nature of things, according to their varying appearances as fresh and fresh matter Occurred.

The counsel justly alleged the hardship to the client, if thus liable to new allegations and suggestions, for which he came unprepared, from a reliance that those publicly given were all against which he need arm himself, and that, if those were disproved, he was cleared; while the desultory and shifting charges of the managers put him out in every method of defence, by making it impossible to him to discern where he might be attacked.

In the course of this debate I observed Mr. Windham so agitated and so deeply attentive, that it prepared me for what soon followed : he mounted the rostrum-for the third time only since this trial commenced.

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His speech was only to a point Of law respecting evidence he kept close to his subject, with a clearness and perspicuity very uncommon indeed amongst these orators. His voice, however, is greatly in his disfavour ; for he forces it so violently, either from earnestness or a fear of not being heard, that, though it answered the purpose of giving the most perfect distinctness to what he uttered, its sound had an unpleasing and crude quality that amazed and disappointed me. The command of his language and fluency of his delivery, joined to the compact style of his reasoning and conciseness of his arguments, were all that could answer my expectations: but his manner--whether from energy or secret terror--lost all its grace, and by no means seemed to belong to the elegant and high-bred character that had just quitted me.

In brief,--how it may happen I know not,--but he certainly does not do justice to his own powers and talents in public. He was excessively agitated: when he had done and dismounted, I saw his pale face of the most fiery red. Yet he had uttered nothing in a pa.s.sion. It must have been simply from internal effort.

The counsel answered him, and he mounted to reply. Here, indeed, he did himself honour; his readiness of answer, the vivacity of his objections, and the instantaneous command of all his reasoning faculties, were truly striking. Had what he said not fallen in reply to a speech but that moment made, I must have concluded it the result Of Study, and all harangue learnt by heart. He was heard with the most marked attention.

The second speech, like the first, was wholly upon the laws of evidence, and Mr. Hastings was not named in either. He is certainly practising against his great day. And, in truth, I hold still to my fear of it; for, however little his manner in public speaking may keep pace with its promise in private conversation, his matter was tremendously pointed and severe.

The trial of the day concluded by an adjournment to consult upon the evidence in debate, with the judges, in the House of Lords.

Mr. Windham came up to the seats of the Commons in my neighbourhood, but not to me; he spoke to the Misses Francis,--daughters of Mr. Hastings's worst foe,--and hurried down.

On my return I was called upon to give an account of the

Page 361 trial to their majesties and the princesses, and a formidable business, I a.s.sure you, to perform.

AN EMPHATIC PERORATION.

May 18.-This morning I again went to the trial of poor Mr.

Hastings. Heavens! who can see him sit there unmoved? not even those who think him guilty,--if they are human.

I took with me Mrs. Bogle. She had long since begged a ticket for her husband, which I could never before Procure. We now went all three. And, indeed, her original speeches and remarks made a great part of my entertainment.

Mr. Hastings and his counsel were this day most victorious. I never saw the prosecutors so dismayed. Yet both Mr. Burke and Mr. Fox spoke, and before the conclusion so did Mr. Windham.

They were all in evident embarra.s.sment. Mr. Hastings's counsel finished the day, with a most n.o.ble appeal to justice and innocence, protesting that, if his client did not fairly claim the one, by proving the other, he wished himself that the prosecutors-that the lords--that the nation at large--that the hand of G.o.d--might fall heavy upon him!

This had a great and sudden effect,-- not a word was uttered.

The prosecutors looked dismayed and astonished ; and the day closed.

Mr. Windham came up to speak to Misses Francis about a dinner: but he only, bowed to me, and with a look so conscious---so much saying, "'TiS your turn to triumph now!: that I had not the spite to attack him.

But when the counsel had uttered this animated speech, Mrs. Bogle was so much struck, she hastily arose, and, clapping her hands, called out audibly, in a broad Scotch accent, "O, charming!" I could hardly, quiet her till I a.s.sured her we should make a paragraph for the newspapers. I had the pleasure to deliver this myself to their majesties, and the princesses--and as I was called upon while it was fresh in my memory, I believe but little of the general energy was forgotten.

It gave me great pleasure to repeat so striking an affirmation of the innocence of so high, so injured I believe, a character. The queen eagerly declared I should go again the next sitting.

Wednesday, May 19.--The real birthday of my royal mistress, to whom may Heaven grant many, many and prosperous! Dressing, and so forth, filled up all the morning

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and at night I had a t'ete-'a-t'ete with Charles, till twelve. I got to bed about five in the morning. The sweet princesses had a ball, and I could not lament my fatigue.

AN APt.i.tUDE FOR LOGIC AND FOR GREEK.

May 20.-To-day again to the trial, to which I took MISS Young, her majesty having given me two tickets very late overnight.

Miss Young is singularly, as far as I can see, the reverse of her eccentric parents she is moderation personified.

Mr. Windham again spoke in the course of this morning's business, which was chiefly occupied in debating on the admissibility of the evidence brought forward by the prosecutors. The quickness and aptness of his arguments, with the admirable facility and address with which he seized upon those of his opponents, the counsel, were strong marks of that high and penetrating capacity so strikingly his characteristic. The only defect in his speaking is the tone of his voice, which, from exertion, loses all its powers of modulation, and has a crude accent and expression very disagreeable.

During the examination of Mr. Anderson, one of Mr. Hastings's best friends,--a sensible, well-bred, and gentlemanlike man,--Mr.

Windham came up to my elbow.

"And can this man," cried he, presently, "this man--so gentle---be guilty?"

I accused him of making a point to destroy all admiration of gentleness in my opinion. "But you are grown very good now!" I added, "No, very bad I mean!" He knew I meant for speaking ; and I then gave him burlesqued, various definitions of good, which had fallen from Mr. Fox in my hearing, the most contradictory, and, taken out of their place, the most ridiculous imaginable.

He laughed very much, but seriously confessed that technical terms and explanations had better have been wholly avoided by them all, as the counsel were sure to out-technicalise them, and they were then exposed to greater embarra.s.sments than by steering clear of the attempt, and resting only upon their common forces.

"There is one praise," I cried, "which I am always sure to meet in the newspapers whenever I meet with your name; and I begin to quite tire of seeing it for you,-your skill in logic!"

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