The prisoner was an American citizen, and it was thought proper by some of his personal friends to have American counsel assist the local lawyers in his defence. There was no political signification in General Pryor's being retained. He was aware that objection would be urged against his appearance in an English court. There was no precedent8 for his encouragement. The case of Judah P. Benjamin did not apply. Mr. Benjamin had been born a British subject and had "eaten his dinners" at the Temple. Only by an act of courtesy on the part of the judge could General Pryor hope for a 384hearing. He wrote me, en route, on board the Scythia, October 17:—
"An Irish barrister on board has been my most constant companion,—a very intelligent gentleman is he,—and I am assured by him that I cannot be admitted to appear in Court, the rule of Court excluding from practice any but members of the Bar. This does not surprise me. I can be usefully employed in consultation9 and suggestion. I have industriously10 read in the law of homicide, and on those topics I consider myself an expert."
Meanwhile the newspapers were interested in the novel experiment of sending an American lawyer to defend an American citizen in England, and searching for some hidden reason for the selection of General Pryor. "Simply because of his daring spirit," said one. "He will speak out as another would hesitate to speak." "Not so," said the editor of the Irish World; "General Pryor was selected on account of his ability as a lawyer. I know of no man who can better represent the American bar. O'Donnell is an American citizen, and General Pryor will defend him as an American citizen." A would-be wit in England replied, "He was selected because he was prior to all others—take notice—this is registered."
The New York Times, November 8, 1883, reminds the public that "an English barrister would have no standing11 in an American court, except by a stretch of courtesy which would be rather violent. To give audience in court to a foreign counsel would be a great novelty in any country." 385 The London Times commented on the matter and said, "It is probable that Mr. Pryor will be permitted to give the accused man all possible assistance short of taking a public part in the conduct of the case." Chief Justice Coleridge, recently returned from this country, where he had been the recipient12 of many kindly13 courtesies, was at once interested, and took an early opportunity to consult leading English jurists regarding certain amendments14 in the form of procedure in the courts, the admission of foreign lawyers being one of the points discussed. A correspondent of the Brooklyn Eagle visited my husband in England and wrote to the paper:—
"I called on General Pryor this morning. He is snugly15 housed at the Craven Hotel in Craven Street, hard by Charing16 Cross and within a minute's walk of the American Exchange. I found him immersed in papers relating to the case, but with sufficient leisure to greet a fellow-countryman (and an old client en passant) with his customary courtesy.
"Legally, the general has had a hard time of it here,—of which more anon,—but socially he has been the recipient of extraordinary marks of English favor. His romantic career as a soldier and as a lawyer is known to everybody, and invitations to club breakfasts and the dinner-tables of great men have poured in upon him. So far, he has accepted none of these, having been entirely17 preoccupied18 by the preparation of O'Donnell's defence, which, as I understand from other sources, is largely General Pryor's. Originally it was understood that the trial should occur in October, but it has been postponed19 again and again, and the general's great regret is that he was not able to get back to vote.
"Speaking to me on this subject to-day, a prominent 386member of the English bar said: 'My dear fellow, General Pryor is not an exception to the rule. He is simply a prominent instance of its operation. You may not be aware that neither a Scotch20 nor an Irish barrister is allowed to plead in English courts. If we were to make any exception at all, it would certainly be made in favor of General Pryor, who is known to and liked by us all.'
"'But,' I asked, 'how about his appearance in court as a matter of courtesy?'
"'There is no such thing possible, and not even the judge has power to extend it. The Benchers of the Inns are the authority, and even the objection of a single barrister would be fatal.'"
The English papers were, as a class, against his appearance. The St. James Gazette had long articles on the subject, in one of which the question is thus settled:—
"The case of American counsel claiming audience in a criminal trial arousing passionate21 political interest in certain circles is admirably calculated to demonstrate the excellence22 of the rule which the Irish-Americans were anxious to have broken,—as they supposed in their interests. The only motive23 which O'Donnell could have for wishing (if he does wish it) to be heard through foreign counsel would be that that counsel should say or do something which English counsel cannot say or do. For, however great General Pryor's fame may be in his own country, we have no reason to suppose that he is gifted with eloquence24 or persuasive25 powers so remarkable26 that he might be relied upon to move the hearts of an Old Bailey jury impervious27 to the tried abilities of Mr. Charles Russell and the earnest fluency28 of Mr. A. M. Sullivan. Let us consider, then, what it is which these gentlemen could not do, and General 387Pryor, if he got the chance, could do. The principal thing is that he could more or less defy the judge, and instigate29 the jury to override30 the law or take a wrong view of the evidence."
The Gazette little knew the manner of man under discussion. "Defy the law," indeed! He wrote me October 25:—
"As I have informed you, a rule of the Bar excludes any but an English barrister from appearing professionally in the courts. I will not allow a motion to be made that I be heard in the case, for I do not choose to solicit31 a favor, nor to incur32 the hazard of a rebuff, nor to expose the American Bar to the incivility which would be involved in rejecting such an application from one of its members. My presence, however, is not without good effect, nor have my services been unimportant. Indeed, I may say to you that already I have rendered inestimable service to my client."
Meanwhile Sir Charles Russell, afterward33 Lord Chief Justice of England, Mr. Sullivan and Mr. Guy, of the British bar, and Roger A. Pryor, of the American bar, worked faithfully, earnestly, and zealously35, step by step, for the unfortunate prisoner. O'Donnell was a poor, ignorant man, who could not write his own name. In this country he had been a teamster in the Federal army during the Civil War. For a long time his countryman who had come so far to help him was not allowed to see him. Finally, this much was granted—and of great comfort to the doomed36 man were the sympathetic visits of my tender-hearted husband. His trial ended as everybody knew it must. 388 General Pryor felt keenly the embarrassment37 of his position, but before he left England nearly every club was open to him, and many dinners given in his honor by Lord Russell, members of the bar, Mr. Justin McCarthy and other literary men in London.
"At the royal geographical38 dinner," he writes, "I sat beside Lord Houghton, and opposite Lord Aberdeen, with both of whom I had pleasant talk. Other eminent39 men were there. Invitations followed which I must decline, infinitely40 to my regret, but I cannot neglect the business on which I came. A dinner is offered me in Dublin. Last evening, however, I was glad to dine with Charles Russell, Q.C., and Sunday I drive with him to Richmond. He pays me every possible attention, and I can see relies upon me in the conduct of the case. I live as retired41 as possible. My clients cannot suspect me of yielding to British blandishments! I have had interesting interviews with my poor client, in compliance42 with his urgent entreaty43. He was very grateful to me and cheered by my presence."
He received marked kindness from Dr. Rae, the Arctic explorer, who had made important discoveries in King William's Land and found traces of Sir John Franklin; also in 1864 had made a telegraphic survey across the Rocky Mountains. Dr. Rae gave several delightful44 dinners to my husband, inviting45 him to meet Huxley, Sir John Lubbock, and sundry46 notable chemists and inventors. "Come to us Saturday at half-past seven," he wrote from Kensington, "a handsome [sic] should bring you in a little over half an hour if the beast is good." At Dr. Rae's he met Mathilde Blind, "a brilliant woman, a Jewess; 389and Justin McCarthy, a shy, silent man, spectacled and quite like a professor." Dining at the Café Royal, "who should come in and sit opposite to us but the Baroness47 Burdett-Coutts and her spouse48. She is surprisingly juvenile49 in appearance—not at all as she has been represented. Her voice is quite girlish, and she moves with wonderful agility," etc.
He also met Miss Shaw, who was conducting a bevy50 of American girls for a tour of European travel. Some contretemps arose which made her grateful for his conduct and assistance. The particular young lady whom he had the honor of escorting and assisting was Miss Stanton. It suddenly occurred to him that this might be the daughter of his old enemy, Edwin M. Stanton. The young lady innocently answered his question affirmatively. She had been the identical baby girl that, eighteen years before, Stanton had held in his arms as he declared, "Pryor shall be hanged!" My general might have done several things: he might have left her alone in a London street to the mercy of ruffians; he might have used, in a dark corner, the tiny pistol he carried; he might have drowned her in the Thames; he might have surprised her by increased devotion and care for her comfort. He chose the last, heaping coals of fire upon her unconscious head!
Before he returned he visited places peculiarly interesting to him as a scholar, all of which he described to me charmingly. As far as in him lay he trod the paths, so sacred to him, once trod by the lumbering51 feet of the one Englishman he adores 390above all others, Dr. Sam Johnson: sitting at the desk where he wrote his dictionary and marvelling52 at the meanness of the desk, looking out of his windows, walking with him and with Boswell along the familiar streets. He also stood on the spot where Blackstone delivered his immortal53 lectures, and on the very spot where Latimer and Cranmer suffered,—the students at that moment playing near it a vigorous game of football,—all this, and much more, so natural in a scholar visiting for the first time the London of which he knew every spot haunted by the great spirits of the literary world.
After he returned home, he received a long letter from Lord Russell, telling him that he (Russell) had been sharply criticised for the conduct of O'Donnell's case, and accused of having managed it in a negligent54 and lukewarm manner. He wished his American colleague's candid55 opinion on the subject, and also requested his photograph, adding, "I am sending you mine."
General Pryor answered him cordially and was glad he could say, "I consider that you defended O'Donnell with the utmost zeal34 and enthusiasm, and with consummate56 skill!" It seems the queen's counsel was sensitive as well as able. He was afterwards made Lord Chief Justice of England.
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1 indicted | |
控告,起诉( indict的过去式和过去分词 ) | |
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2 imprisoned | |
下狱,监禁( imprison的过去式和过去分词 ) | |
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3 accomplice | |
n.从犯,帮凶,同谋 | |
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4 assassination | |
n.暗杀;暗杀事件 | |
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5 cape | |
n.海角,岬;披肩,短披风 | |
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6 vengeance | |
n.报复,报仇,复仇 | |
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7 vessel | |
n.船舶;容器,器皿;管,导管,血管 | |
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8 precedent | |
n.先例,前例;惯例;adj.在前的,在先的 | |
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9 consultation | |
n.咨询;商量;商议;会议 | |
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10 industriously | |
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11 standing | |
n.持续,地位;adj.永久的,不动的,直立的,不流动的 | |
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12 recipient | |
a.接受的,感受性强的 n.接受者,感受者,容器 | |
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13 kindly | |
adj.和蔼的,温和的,爽快的;adv.温和地,亲切地 | |
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14 amendments | |
(法律、文件的)改动( amendment的名词复数 ); 修正案; 修改; (美国宪法的)修正案 | |
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15 snugly | |
adv.紧贴地;贴身地;暖和舒适地;安适地 | |
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16 charing | |
n.炭化v.把…烧成炭,把…烧焦( char的现在分词 );烧成炭,烧焦;做杂役女佣 | |
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17 entirely | |
ad.全部地,完整地;完全地,彻底地 | |
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18 preoccupied | |
adj.全神贯注的,入神的;被抢先占有的;心事重重的v.占据(某人)思想,使对…全神贯注,使专心于( preoccupy的过去式) | |
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19 postponed | |
vt.& vi.延期,缓办,(使)延迟vt.把…放在次要地位;[语]把…放在后面(或句尾)vi.(疟疾等)延缓发作(或复发) | |
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20 scotch | |
n.伤口,刻痕;苏格兰威士忌酒;v.粉碎,消灭,阻止;adj.苏格兰(人)的 | |
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21 passionate | |
adj.热情的,热烈的,激昂的,易动情的,易怒的,性情暴躁的 | |
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22 excellence | |
n.优秀,杰出,(pl.)优点,美德 | |
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23 motive | |
n.动机,目的;adv.发动的,运动的 | |
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24 eloquence | |
n.雄辩;口才,修辞 | |
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25 persuasive | |
adj.有说服力的,能说得使人相信的 | |
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26 remarkable | |
adj.显著的,异常的,非凡的,值得注意的 | |
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27 impervious | |
adj.不能渗透的,不能穿过的,不易伤害的 | |
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28 fluency | |
n.流畅,雄辩,善辩 | |
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29 instigate | |
v.教唆,怂恿,煽动 | |
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30 override | |
vt.不顾,不理睬,否决;压倒,优先于 | |
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31 solicit | |
vi.勾引;乞求;vt.请求,乞求;招揽(生意) | |
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32 incur | |
vt.招致,蒙受,遭遇 | |
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33 afterward | |
adv.后来;以后 | |
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34 zeal | |
n.热心,热情,热忱 | |
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35 zealously | |
adv.热心地;热情地;积极地;狂热地 | |
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36 doomed | |
命定的 | |
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37 embarrassment | |
n.尴尬;使人为难的人(事物);障碍;窘迫 | |
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38 geographical | |
adj.地理的;地区(性)的 | |
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39 eminent | |
adj.显赫的,杰出的,有名的,优良的 | |
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40 infinitely | |
adv.无限地,无穷地 | |
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41 retired | |
adj.隐退的,退休的,退役的 | |
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42 compliance | |
n.顺从;服从;附和;屈从 | |
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43 entreaty | |
n.恳求,哀求 | |
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44 delightful | |
adj.令人高兴的,使人快乐的 | |
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45 inviting | |
adj.诱人的,引人注目的 | |
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46 sundry | |
adj.各式各样的,种种的 | |
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47 baroness | |
n.男爵夫人,女男爵 | |
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48 spouse | |
n.配偶(指夫或妻) | |
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49 juvenile | |
n.青少年,少年读物;adj.青少年的,幼稚的 | |
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50 bevy | |
n.一群 | |
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51 lumbering | |
n.采伐林木 | |
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52 marvelling | |
v.惊奇,对…感到惊奇( marvel的现在分词 ) | |
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53 immortal | |
adj.不朽的;永生的,不死的;神的 | |
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54 negligent | |
adj.疏忽的;玩忽的;粗心大意的 | |
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55 candid | |
adj.公正的,正直的;坦率的 | |
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56 consummate | |
adj.完美的;v.成婚;使完美 [反]baffle | |
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