MAGAZINE:

A REPOSITORY OF ORIGINAL PAPERS, & SELECTIONS FROM

ENGLISH MAGAZINES.

Published every Saturday Morning, at Robinson's Circulating Library, No. 94, Baltimore-street.

VOL. 1.] BALTIMORE, SATURDAY, SEPTEMBER 19, 1818 [No. 10.

EXTRACTS FROM A LAWYER'S PORTFOLIO.

From the European Magazine, for June, 1818.

No part of our laws implies a more see any barbarity in this mode of becoming consciousness of hu- satisfying justice, or did the Archman judgment's fallibility, than the bishop of Toledo disdain to witness cautions and deliberate procedure such a combat in the most religious required in ascertaining mental court of Furope?" -This extraordidisease, and surrendering a suppos- nary combination of authorities made ed lunatick to the custody of his one of the party smile, though his kindred. A remarkable instance professional petulance was stirred of this kind fell under my own ob- by the implied comparison between servation-I was on my way to our English oracle and an old visit an uncle resident on the re- Spanish bigot. To waive any farmotest coast of Cornwall, and be- ther disputes on the wisdom or anlieved myself very near my jour- tiquity of trial by single combat, ney's end, when the stage-coach he began to describe the dresses driver admitted a stranger to fill a worn on such occasions in our third seat which had been vacated. The Henry's days. "Sir," interposed other three passengers were busily our legislator in a blue jacket," the engaged in a discussion on lawful pike, dagger, long-sword, and shortand unlawful duels, and referring sword, which you speak of, were occasionally to a pamphlet printed appointed only for Rea and Ramsay. in 1632, on occasion of the Battle In Henry's time, such combatants awarded in the preceding year in fought with weapons of small length, the Court of Chivalry on an Appeal with heads, hands, and feet bare; or of Treason by Lord Rea against with ebon staves or batoons, having Mr. Ramsay. Then followed an hard sand bags fastened at the ends. attempt to trace the Writ of Appeal And each might have a four-cornerand Wager of Battle from the praced shield without any iron, and a tice of Turkey, and its prevalence frock of red cloth reaching to the in England till the third year of elbow and knee. But the AppelHenry VII. But our new com- lant's head was ever covered, and panion, whose dress was very little the Defendant's rayed or shaven superiour to a disbanded seaman, thus."-As he spoke, the describer. suddenly joined the conversation: suddenly raised his hat, and dis"Gentlemen," he began, in a stern covered a head of most extraordinavoice, " modern philosophers never ry character. It reminded us of read, therefore they are always those fine busts found among the making discoveries--Did Blackstone ruins caused by a volcano, scorshed MAG. VOL I.

10

" Of

and bruised, but not deprived of dience. A glance of intelligence their noble symmetry and expres- which we had time to exchange, insion. His skin was darkened as if duced my_old kinsman to support burning lava had passed over it. ex- me when I professed myself his incept on the upper part of his head, dispensable clerk. After mystewhich appeared to have been lately riously closing the door, and adshaven, and was now bordered by a vancing so near us as to make fringe of the same crisp black hair me regret that my travelling pistols which formed the thick curl of his were out of my reach, he announceve-brows, and met near his chin. ed, in a low and singularly solemn Blackstone and Beccaria were whol- tone, that he came to lay a capital ly forgotten while we looked on this charge against two seamen of his formidable countenance, and observ- Majesty's ship the ed that its possessor had also a felony or murder?" said my uncle, strong staff, not unlike the baton of and I prepared pen and paper to the champions he had been describ- fulfil my assumed office of his clerk. ing. Not another word was hazard- -" Of completing one, and conspired; and when the mail-coach stop- ing to commit the other," replied ped, I mounted the horse provided the informer in the same low tone, for me with great readiness, to escape with a mixed expression of fear and from the sight of our unknown com- horrour in his countenance. The panion. I shall be pardoned, I be- Justice required him to relate parlieve, if I confess, that during my ticulars, and they seemed distinctly ride through the solitary lane which told. He stated, that the boatswain led to my uncle's old manor-house, and another person belonging to an I cast several suspicious glances at English ship of war, had conveyed the shadows which a few shaggy him in their boat, after dining with elms threw over my path. The first their captain and his officers, to an kind salutations of a hospitable rela- obscure cove on the coast near Native were hardly finished, when his ples, where he had been imprisoned porter came to announce a stranger, several days, and at last released, who desired instant admission on or, to speak more properly, abandonthe most urgent business. It was ed without money, and almost withlate, the manor-house was lonely, out clothes, on a desolate spot, from and situated near a coast noted for whence he was conveyed in a dedesperate pirates and contraband lirious fever by his valet. This last adventurers. But my good old un- particular deserved inquiry. How cle, who held that office "the like did bis valet discover his master's of which," as has been merrily said, situation, and what induced him to " is known to no other land," was visit a part of the Neapolitan coast too proud of his authority, and too so desolate and undistinguished, in conscious that he held it with pure quest of him? Our informer anhands, to entertain any fears.-Yet swered, that the man himself might he allowed me to accompany him be questioned on that subject. To to what he called his justice room, my remark, that only the fact of where, with much surprise and some robbery could be substantiated, as apprehension, I saw the dark man. murder did not appear to have been He looked at me first as if recog- designed, he replied, "Both were nizing my features, and endeavour- committed, but not within the letter ing to examine their import; then of our laws." Being urged to exaddressing my uncle with more plain this ambiguous sentence, he courtesy than his rude apparel pro- remained several minutes in a mised, he requested a private au- silence which implied such deep

and melancholy recollection, that gesture, "He is right, and I have neither our curiosity nor our sus- now no honour to be jealous of. picions emboldened us to interrupt Gentlemen I understand the purpose it. My honest uncle spoke first of all this. You persuade your" Child," he said, laying his hand selves that an outrage which did not on the young man's shoulder, with end in the actual loss of my life and a kindness which almost always property, is not worth a publick created the confidence it expressed, and difficult investigation: you "there is something in this business wish to soothe me into forgetfulness more than you have communicated, and forgiveness, and I thank you for or less than you imagine. If these the attempt. You know not what a men proposed an outrage against blessing it would be to forget, and I your life, why did they leave the have sought for it in many ways but opportunity and the work unfinish- these men haunt me still, and I must ed; and if they never attempted it, accuse them. Remember, gentlemen, why is a murderous design imputed I did not say how much of my life to them ?"-Still he made no reply, and property they spared, nor how and my uncle inquired the extent of little." We could make no answer the robbery he had suffered.-"Only to a speech which, with all its oba few pieces of gold," he answered; scure incoherence, was solemn. Al"and my valet tells me they were most convinced that his visitor was restored."--We looked at each insane, my uncle soothed him with other with sufficient agreement in an assurance that he would expedite our thoughts that the charge was the progress of justice, and had bewholly due to a disordered imagina- gun to offer him a chamber under tion; and hoping to detect its inco- his roof till morning, when another herence still more broadly, we re- stranger with three attendants quired him to repeat it, while I made claimed admission. They were minutes. But he made no variation brought into the room where we in names or dates; his descriptions still sat with the accuser, who start of the secret cove, of the boatswain's ed from his place at their entrance, figure, and his companion's dress and held up the formidable baton were singularly precise and forcible. I have mentioned once before. Sir My uncle called for supper, and Frederick Cornwall, as I chuse to seating him by his fire-side, with the call our new visitor, presented himfrank kindness of an old English self with very engaging politeness, squire, endeavoured to fix his atten- and entreated pardon for his relation on other subjects. We talked tive's intrusion. I accompanied of political occurrences, of the him into another apartment, and general state of Italy, and the victo- heard his expressions of regret at ry then recent at Maida. A slight the notional insanity which seemed shivering of his lips and eye-lids in- to have taken entire hold of his dicated that this last subject touched nephew's mind. To my question some tender nerve, and he suddenly whether Colonel C. had ever been asked me if I had seen Calabria.- in Naples, he replied that he "My nephew is an idle Templar," had only returned from thence a said the Justice, answering for me, few days; "but," he added, "his "and has more ambition to be lined valet assures me no part of this with good capon than at a cannon's strange romance, which he persists mouth." Our guest's imagination in repeating, ever had existence, if probably caught some unintended we except the delirious fever he reference in this allusion to Shaks- himself confesses." - A request that peare, and he replied with a fierce the unhappy young man might be

an

delivered into his custody followed membrance of it had begun to disthis speech, which did not appear to appear, when my professional duties me quite satisfactory. He perceived brought me, on the western circuit, it, and produced several letters dat- to a town where I received ed from Naples, and distinctly giving anonymous letter enclosing a large the Neapolitan physician's opinion Bank note to retain me as counsel of his distemper. One, written by the in the cause of a very young French captain of the vessel in which Colo- boy charged with private robbery. nel C. had sailed home, detailed The note I deposited in my uncle's many touching instances of incura- hands, to remain untouched as a ble dejection, and hinted at an at- clue to future discovery; but the tempted suicide. This letter en- account circulated in the town conclosed another from the unfortunate cerning this young offender, was young officer himself, relating the sufficient to interest me. He was transaction in the bay of Naples ex- accused of stealing the purse and actly as he had described it to us, pocket-book of an unfortunate genbut with many expressions of the tleman who occupied a small mankeenest and most desperate resent-sion not far from the castle approment. Though these expressions priated to French prisoners of war. were mingled with others which Louis, as this boy called himself, seemed to imply grateful confidence had been found bruised and sensein his uncle's affection, I thought my-less under the mansion-wall, from self at liberty to doubt it, and ventur- which he appeared to have fallen in ed to inquire why the valet had not an attempt to escape from the garaccompanied his unfortunate master den, where the owner had seen him to England. Sir Frederick shewed lurking, probably after robbing the me an Italian letter, containing so lunatick who resided there of the natural and so clear a statement of money found upon him. Amongst the man's reasons for remaining in this money was a gold seal and his native country, that no objection diamond ring, both bearing the inicould be made. But my good uncle, tials of Colonel Cornwall, and rewh well deserved the name of Jus- cognized by many persons as his tice, positively detained the Colonel property, though his reputed insanias his guest till the strictest inqui- ty rendered his evidence inadmissiries had been pursued. Nothing ble. I questioned the boy with all the resulted that could throw doubt on severity and adroitness in my power, Sir Frederick, or justify us in with- but could extort no confession from holding the Colonel's person, which him regarding his business at that he surrendered himself with an air mansion, or the means by which the of tranquillity almost amounting to money fell into his hands. He did happiness. not deny that he had seen Colonel

I remember in my boyhood a cer- Cornwall; he admitted the seal and tain piece of mathematical magick in ring might have been once his proan old Encyclopædia, representing perty, but would give no account almost innumerable circles most in- of the gold. My earnest applicatricately interwoven, but all combin- tion procured a magistrate's order ing in one. I have since found it a for my admission into Colonel C.'s very accurate representation of the presence alone. The keeper warned manner in which the selfish plans of me of his concealed fierceness and individuals are rendered parts of malignity, and left us together with one wide and perfect system of evident reluctance. He knew me equal justice. A few years pass- instantly, and burst into tears. I ed after this incident, and all re- love human nature, and honour it

too much to dwell on the frightful amend it. But I do not perceive picture he gave me of his sufferings. any thing wanting to your tranquilliThe clearness, the moderation, and ty, unless you wish to know more of the method of his detail, convinced Louis or his employer; and it is me they were undeserved; and my impossible to deny, Cornwall, that representations gained such atten your unwillingness to pursue intion from a discerning magistrate, quiry in that quarter calls some supported by the votes of three phy- suspicion upon yourself." He made sicians, that he obtained admission no answer to this speech, except into court as a capable witness. His one of those fixed and haggard looks narrative was simple and convinc- which accompanied his former state ing. Louis, he said, had conveyed of dejection, till I couched my three letters to him from an un- question in direct terms.-." On known person, offering him money your honour as a gentleman, and and jewels to bribe the keeper em- under the sacred secrecy which I ployed by his interested relative. owe you as your counsellor, tell me This mysterious friend also pro- if you know more of Louis?"mised to produce such evidence as "My dear friend," he answered, would effectually silence those who "and those words imply every thing impeached his intellects. But he most sacred between man and man, solemnly protested that he could I do know Louis, and therefore I not conjecture from whence these disclaimed all knowledge of the seal offers came, nor by what means and ring; the gold would have Louis had obtained the seal and burned both my heart and brain if I ring, which he did not remember had accepted it, but I could not conever to have seen before. I confess fess the truth. Complete your task my surprise at this last assertion, by staying with me till my death, but it was useful to the prisoner. and you will learn all."-." You As the charge of felony was com- have deceived me, then, in the affair pletely falsified, the court did not of Naples too, perhaps ?"-" On the deem it a duty to inquire farther; faith of a dying man, you have the young Frenchman was released; heard the truth, and nothing but the and after a tedious struggle with the truth, on that subject. I told you forms of another court, our more when we first met, that I had eneunfortunate friend Cornwall was mies who had taken away my freed from his uncle's custody. I honour, and now they have reached accompanied him to a retired villa my life."

in my own good uncle's neighbour- This terrible hint confirmed sushood, which he chose for the wild- picions in my mind that had been ness of its scenery and the pastoral indistinctly forming since the first simplicity of its inhabitants. We period of our acquaintance. Cornarrived at the pleasantest hour of wall's uncle had children who might that sweet spring-season which be- be largely benefited by his death; the longs only to England; and I con suspected valet was probably their gratulated him, as I thought, most agent, and the strange outrage com. opportunely on his restoration to mitted at Naples might have been a the rights and comforts of an En- stratagem to disorder his imaginaglishman." It is your work," he tion, or an attempt to remove him replied, with a melancholy smile, baffled by some secret means. Mine "and I will not be so ungrateful as was not the only judgment biassed to tell you it is useless."-" I would against Sir Frederick Cornwall, and rather be told that it is imperfect, the emaciated state of his nephew, provided you will teach me how to every where ascribed to the cruelties