which corresponds with the second letter. What does he say about it to the persons to whom he relates the meeting? He saw he was armed-He saw one likewise at a distance, and he thought there was a duel going forwards. Now, when he spoke to the Duke of the surprise he had entertained on seeing the Duke armed, does he assign that as a reason of apprehending a duel? No; it was because it was cold weather, and he wondered to see him without a great coat: so that the same man that speaks of it to his friends as a circumstance that might induce a surprise, speaks of it at another time as being surprised, without giving that as a reason for it.

The next circumstance is, Mr Greenwood's evidence of going with him to Westminster Abbey. There are two or three things a little particular : after breakfast, about nine o'clock, he solicits the prisoner to dress himself in order to go to the Park. The prisoner seemed unwilling to go there. He said, it was not an unusual thing, when they were to go together, for them to differ, and upon that occasion to part. Supposing the prisoner wanted to get rid of this companion of his, who had laid there and was not easily to be got rid of, why might not that account for his being unwilling to dress himself at nine in the morning, in order to get rid of him? For he had time enough to dress himself an hour after that, and

to meet the Duke in the Abbey at eleven. It is a little odd, that the prisoner wanted to go another way, and expressed a reluctancy in going through the Abbey. It is clear he did not mean to be seen by Mr. Greenwood in the Abbey: hut when he could not get rid of that, and he plucked him by the coat for that purpose, did they prosecute their design in going to the Park, and yet saunter a good while in the Abbey? (No reason why they did so.) First they went to General Hargrave's monument, then to Captain Cornwall's monument; there they staid some time, the Duke's behaviour being in Mr. Greenwood's evidence particular; from the Duke's bowing, he thought that the Duke wanted to speak to him in private. How is this reconcilable? There is not a circumstance in all that part of Mr. Greenwood's evidence, which suits so well as this of his guilt: first he wanted to get rid of Mr. Greenwood, and when he could not do that, then making no secret of having seen the Duke, and make that tally with his telling him he had met him.

The next circumstance is Mr. Ball's; and if that circumstance of his evidence strikes you as it did me, I wonder he was produced as a witness: for, you see, the prisoner was very forward: he was blamed for it by one of his witnesses; he thought he talked too much of having met the Duke; that was so singular, that it demanded

animadversions: yet, notwithstanding, when he had had a third interview with the Duke, and there appeared so very material a circumstance of the Duke's having charged him with a very extraordinary and wicked proceeding against him; when he had told him of all these letters, and one of them set forth his name, as a person that could inform his Grace of something which nearly related to his safety, and hinted to him the strangeness of these letters, and charged them upon him; and after having pretended a total ignorance of this matter, he afterwards conceals all this from Mr. Ball: and what is another circumstance, Mr. Ball says, he was rather more cheerful in relating what he did than usual. God knows he had no reason to be cheerful; for the Duke had charged him home with a capital offence; the Duke had admonished him, and told him, either he was the author of these letters, or he was used exceedingly ill by the person that did write them. Yet, you see, in mentioning these things to his friend Mr. Ball, Ball considers it as a fruit of the Duke's benevolence to him, and says, he will give you a post in the army. The prisoner replied, It must be a very good one, if I accept it.

These are all the circumstances that they have insisted upon as proofs of his innocence, except one, that is his character. They have called to

that many witnesses; they say he is very expert in his business, a very diligent, sober, man; no◄ thing about him as marks of distress: no vices to which they find him inclined, which give him an occasion for a demand of this kind; and that, upon the whole, he has passed as a very honest man.

Gentlemen, when you come to consider that, character goes but a very little, and indeed no way at all, towards proving his innocence.

In the first place, character can only be of service to a man, where his case hangs, as it were, in equal scales, and it is doubtful whether innocent or guilty; there it is that a good character stands in some stead, and will balance the scale in his favour. But this is that sort of a case, that this particular character they have given of him will have no weight to repel those several suspicious circumstances that tally so exactly as to his guilt. Might it not happen, that a man betwixt twenty and thirty years of age, dependent in some measure on his father, might have a secret call for money, which he would wish his father, and those friends that are fond of lending him money, not to be acquainted with? We know very well, there are certain circumstances, some in this capital city of London, where a man might be very hard driven for the want of money, which he would chuse to hide from his friends.

I know nothing of the prisoner's particular

character; but it is enough for this purpose, that it possibly may be his case: if so, what then has the present character to do with it? If the circumstances of the outlines are such, can any doubt about believing he is guilty or not? Then all those other circumstances will have no weight at all to counterpoise the weight of the former.

As I said at first, if upon any circumstances offered on the part of the prisoner, if the weight of evidence on the part of the prosecution is sufficient to charge him, there is nothing in the defence that will lessen it at all.

:

Gentlemen, he is safe in your hands. I doubt not but that you will do your duty if you think him guilty you will find him so; if not, you will acquit him. With regard to the Duke, his Grace has discharged his duty which he owed to the public, which he will at all times do, and is perfectly indifferent about the issue of it.

The jury acquitted the prisoner. (State Trials, vol. xix. p. 815.)

HORNE TOOKE AND THE LAW.

No one ever made such strenuous but unsuccessful endeavours to become a lawyer as Horne Tooke. We have already given some account of the failure of his application to be called to the bar, (see vol. i. p. 59,) and we shall now give a slight sketch of his legal education. To the pro