Page images
PDF
EPUB

any of the marked guineas should be found, as the gentleman could swear to them, there would then remain no doubt. It was now agreed to go softly up to his room; Jennings was fast asleep; his pockets were searched, and from one was drawn forth a purse, containing exactly nineteen guineas. Suspicion now became demonstration, for the gentleman declared them to be identically those which he had been robbed of. Assistance was called, Jennings was awaked, dragged out of bed, and charged with the robbery. He denied it firmly, but circumstances were too strong to gain him belief. He was secured that night, and the next day carried before a neighbouring justice of the peace. The gentleman and Mr. Brunell deposed the facts on oath; and Jennings having no proofs, nothing but mere assertions of innocence, to oppose them, which could not be credited, he was committed to take his trial at the next assizes.

So strong were the circumstances known to be against him, that several of his friends advised him to plead guilty on his trial, and to throw himself on the mercy of the court. This advice he rejected, and when arraigned, pleaded not guilty. The prosecutor swore to his being robbed; but that, it being nearly dark, the highwayman in a mask, and himself greatly terrified, he could not swear to the prisoner's person, though he thought him of much the same stature as the

man who robbed him. To the purse and guineas, which were produced in court, he swore to the purse, positively-and, as to the marked guineas, to the best of his belief, and that they were found in the prisoner's pocket.

The prisoner's master, Mr. Brunell, deposed to the fact, as to the sending of the prisoner to change a guinea, and of his having brought him back a marked one in the room of one he had given him unmarked. He also gave evidence as to the finding of the purse, and the nineteen guineas in the prisoner's pocket. And, what consummated the proof, the man to whom Mr. Brunell paid the guinea, produced the same, and gave testimony to the having taken it that night in payment of the prisoner's master. Mr. Brunell gave evidence of his having received of the prisoner that guinea which he afterwards paid to this last witness. And the prosecutor, comparing it with the other nineteen found in the pocket of the prisoner, swore to its being, to the best of his belief, one of the twenty of which he was robbed by the highwayman.

The judge, on summing up the evidence, remarked to the jury, on all the concurring circumstances against the prisoner; and the jury, on this strong circumstantial evidence, without going out of court, brought in the prisoner guilty. Jennings was executed some little time after at Hull, re

peatedly declaring his innocence to the very moment he was turned off. This happened in the year 1742.

Within a twelvemonth after, lo! Brunell, Jennings's master, was himself taken up for a robbery done on a guest in his own house; and, the fact being proved on his trial, he was convicted, and ordered for execution. The approach of death brought on repentance, and repentance confession. Brunell not only acknowledged the committing of many highway robberies, for some years past, but the very one for which poor Jennings suffered!

The account he gave was, that he arrived at home by a nearer way and swifter riding, some time before the gentleman got in who had been robbed. That he found a man at home waiting, to whom he owed a little bill, and that not having quite enough loose money in his pocket, he took out of the purse one guinea, from the twenty he had just got possession of, to make up the sum ; which he paid, and the man went his way. Presently came in the robbed gentleman, who, whilst Brunell was gone into the stables, and not knowing of his arrival, told his tale as before related, in the kitchen. The gentleman had scarce left the kitchen before Brunell entered it; and being there informed, amongst other circumstances, of the marked guineas, he was thunderstruck! Having paid one of them away, and not daring to ap

ply for it again, as the affair of the robbery and marked guineas would soon become publicly known,-detection, disgrace, and ruin, appeared inevitable. Turning in his mind every way to escape, the thought of accusing and sacrificing poor Jennings at last struck him.-The rest the reader knows. (Theory of Presumptive Proof.)

DID SHAKSPEARE EVER STUDY THE LAW?

This question has been diligently discussed by several of the Commentators upon our great Dramatist. Malone has declared his belief, "that, on leaving school, Shakspeare was placed in the office of some country attorney, or the seneschal of some manor court." (Reed's Shakspeare, vol. i. p. 60.) This conjecture appears to rest entirely on. the occurrence of various legal phrases in the poet's works, which has drawn from Mr. Malone the observation, "that Shakspeare's knowledge of legal terms is not such merely as might be acquired by the casual observations of even his all-comprehending mind: it has," continues Mr. Malone, the appearance of technical skill, and he is so fond of displaying it on all occasions, that I suspect he was early initiated in, at least, the forms of law, and was employed, while he yet remained at Stratford, in the office of some country attorney, who was at the same time a petty conveyancer." Mr. Malone's theory is supported by

--

Mr. White, in his "Specimen of a Commentary," and by Dr. Drake, in his "Shakspeare and his Times;" but is opposed by Mr. Chalmers, in his "Apology," where he asserts, that the poet might have derived his technical knowledge of the law from a very few books. We give the passages cited by Mr. Malone in support of his opinion, from which the learned reader will form his own conclusions. For what in me was purchased,

Falls upon thee in a much fairer sort."

(K. Hen. IV. P. II.)

"Purchase is here used in its strict legal sense, in contradistinction to an acquisition by descent. "Unless the devil have him in fee-simple, with fine and recovery." (Merry W. of Win.) "He is 'rested on the case." (Comedy of Er.)

t

With Bills on their necks,

Be it known unto all men by these presents."

66

(As you Like it.)

who writes himself, Armigero,

In any bill, warrant, quittance, or obligation."

(Merry Wives of Win.)

"Go with me to a notary, seal me there

Your single bond."

(Mer. of Venice.)

"Say, for non-payment that the debt should

double."

(Venus and Adonis.)

« PreviousContinue »