arose before me,
scaring sleep away, now muttering his awful crime, and now shrieking to
me to save his life! I did try to save it. I did everything to save it,
except that which is imputed to me, but that I did not, and I will prove
it. I have since pondered much upon this subject, and I am satisfied
that my original impression was erroneous. I had no right to throw up my
brief, and turn traitor to the wretch, wretch though he was, who had
confided in me. The counsel for a prisoner has no option. The moment he
accepts his brief, every faculty he possesses becomes his client's
property. It is an implied contract between him and the man who trusts
him. Out of the profession this may be a moot point, but it was asserted
and acted on by two illustrious advocates of our own day, even to the
confronting of a king, and, to the regal honor be it spoken, these
dauntless men were afterwards promoted to the highest dignities.
You will ask me here whether I contend on this principle for the right
of doing that of which I am accused, namely, casting the guilt upon the
innocent? I do no such thing; and I deny the imputation altogether. You
will still bear in mind what I have said before, that I scarcely could
have dared to do so under the eye of Baron Parke and in the presence of
Mr. Clarkson. To act so, I must have been insane. But to set this matter
at rest, I have referred to my address as reported in the "Times"--a
journal the fidelity of whose reports was never questioned. You will be
amazed to hear that I not only did not do that of which I am accused;
but that I did the very reverse. Fearing that, nervous and unstrung as I
was, I might do any injustice in the course of a lengthened speech, by
even an ambiguous expression, I find these words reported in the
"Times,"--"Mr. Phillips said the prosecutors were bound to prove the
guilt of the prisoner, not by inference, by reasoning, by such subtile
and refined ingenuity as had been used, but by downright, clear, open,
palpable demonstration. How did they seek to do this? What said Mr.
Adolphus and his witness, Sarah Mancer? And here he would beg the jury
not to suppose for a moment, in the course of the narrative with which
he must trouble them, that he meant to cast the crime upon either of the
female servants. It was not at all necessary to his case to do so. It
was neither his interest, his duty, nor his policy, to do so. God forbid
that any breath of his should send tainted in
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