Contributions to All The Year Round by Charles Dickens (free e books to read online txt) š
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As Philosewers, and I the Dreary, posted back to London, looking up at the moon and discussing it as a world preparing for the habitation of responsible creatures, we expatiated on the honour due to men in this world of ours who try to prepare it for a higher course, and to leave the race who live and die upon it better than they found them.
FIVE NEW POINTS OF CRIMINAL LAW
The existing Criminal Law has been found in trials for Murder, to be so exceedingly hasty, unfair, and oppressiveāin a word, to be so very objectionable to the amiable persons accused of that thoughtless actāthat it is, we understand, the intention of the Government to bring in a Bill for its amendment. We have been favoured with an outline of its probable provisions.
It will be grounded on the profound principle that the real offender is the Murdered Person; but for whose obstinate persistency in being murdered, the interesting fellow-creature to be tried could not have got into trouble.
Its leading enactments may be expected to resolve themselves under the following heads:
1. There shall be no judge. Strong representations have been made by highly popular culprits that the presence of this obtrusive character is prejudicial to their best interests. The Court will be composed of a political gentleman, sitting in a secluded room commanding a view of St. Jamesās Park, who has already more to do than any human creature can, by any stretch of the human imagination, be supposed capable of doing.
2. The jury to consist of Five Thousand Five Hundred and Fifty-five Volunteers.
3. The jury to be strictly prohibited from seeing either the accused or the witnesses. They are not to be sworn. They are on no account to hear the evidence. They are to receive it, or such representations of it, as may happen to fall in their way; and they will constantly write letters about it to all the Papers.
4. Supposing the trial to be a trial for Murder by poisoning, and supposing the hypothetical case, or the evidence, for the prosecution to charge the administration of two poisons, say Arsenic and Antimony; and supposing the taint of Arsenic in the body to be possible but not probable, and the presence of Antimony in the body, to be an absolute certainty; it will then become the duty of the jury to confine their attention solely to the Arsenic, and entirely to dismiss the Antimony from their minds.
5. The symptoms preceding the death of the real offender (or Murdered Person) being described in evidence by medical practitioners who saw them, other medical practitioners who never saw them shall be required to state whether they are inconsistent with certain known diseasesābut, THEY SHALL NEVER BE ASKED WHETHER THEY ARE NOT EXACTLY CONSISTENT WITH THE ADMINISTRATION OF POISON. To illustrate this enactment in the proposed Bill by a case:- A raging mad dog is seen to run into the house where Z lives alone, foaming at the mouth. Z and the mad dog are for some time left together in that house under proved circumstances, irresistibly leading to the conclusion that Z has been bitten by the dog. Z is afterwards found lying on his bed in a state of hydrophobia, and with the marks of the dogās teeth. Now, the symptoms of that disease being identical with those of another disease called Tetanus, which might supervene on Zās running a rusty nail into a certain part of his foot, medical practitioners who never saw Z, shall bear testimony to that abstract fact, and it shall then be incumbent on the Registrar-General to certify that Z died of a rusty nail.
It is hoped that these alterations in the present mode of procedure will not only be quite satisfactory to the accused person (which is the first great consideration), but will also tend, in a tolerable degree, to the welfare and safety of society. For it is not sought in this moderate and prudent measure to be wholly denied that it is an inconvenience to Society to be poisoned overmuch.
LEIGH HUNT: A REMONSTRANCE
āThe sense of beauty and gentleness, of moral beauty and faithful gentleness, grew upon him as the clear evening closed in. When he went to visit his relative at Putney, he still carried with him his work, and the books he more immediately wanted. Although his bodily powers had been giving way, his most conspicuous qualities, his memory for books, and his affection remained; and when his hair was white, when his ample chest had grown slender, when the very proportion of his height had visibly lessened, his step was still ready, and his dark eyes brightened at every happy expression, and at every thought of kindness. His death was simply exhaustion; he broke off his work to lie down and repose. So gentle was the final approach, that he scarcely recognised it till the very last, and then it came without terrors. His physical suffering had not been severe; at the latest hour he said that his only uneasiness was failing breath. And that failing breath was used to express his sense of the inexhaustible kindness he had received from the family who had been so unexpectedly made his nurses,āto draw from one of his sons, by minute, eager, and searching questions, all that he could learn about the latest vicissitudes and growing hopes of Italy,āto ask the friends and children around him for news of those whom he loved,āand to send love and messages to the absent who loved him.ā
Thus, with a manly simplicity and filial affection, writes the eldest son of Leigh Hunt in recording his fatherās death. These are the closing words of a new edition of The Autobiography of Leigh Hunt, published by Messrs. Smith and Elder, of Cornhill, revised by that son, and enriched with an introductory chapter of remarkable beauty and tenderness. The sonās first presentation of his father to the reader, ārather tall, straight as an arrow, looking slenderer than he really was; his hair black and shining, and slightly inclined to wave; his head high, his forehead straight and white, his eyes black and sparkling, his general complexion dark; in his whole carriage and manner an extraordinary degree of life,ā completes the picture. It is the picture of the flourishing and fading away of man that is born of a woman and hath but a short time to live.
In his presentation of his fatherās moral nature and intellectual qualities, Mr Hunt is no less faithful and no less touching. Those who knew Leigh Hunt, will see the bright face and hear the musical voice again, when he is recalled to them in this passage: āEven at seasons of the greatest depression in his fortunes, he always attracted many visitors, but still not so much for any repute that attended him as for his personal qualities. Few men were more attractive, in society, whether in a large company or over the fireside. His manners were peculiarly animated; his conversation, varied, ranging over a great field of subjects, was moved and called forth by the response of his companion, be that companion philosopher or student, sage or boy, man or woman; and he was equally ready for the most lively topics or for the gravest reflectionsāhis expression easily adapting itself to the tone of his companionās mind. With much freedom of manners, he combined a spontaneous courtesy that never failed, and a considerateness derived from a ceaseless kindness of heart that invariably fascinated even strangers.ā Or in this: āHis animation, his sympathy with what was gay and pleasurable; his avowed doctrine of cultivating cheerfulness, were manifest on the surface, and could be appreciated by those who knew him in society, most probably even exaggerated as salient traits, on which he himself insisted WITH A SORT OF GAY AND OSTENTATIOUS WILFULNESS.ā
The last words describe one of the most captivating peculiarities of a most original and engaging man, better than any other words could. The reader is besought to observe them, for a reason that shall presently be given. Lastly: āThe anxiety to recognise the right of others, the tendency to ārefineā, which was noted by an early school companion, and the propensity to elaborate every thought, made him, along with the direct argument by which he sustained his own conviction, recognise and almost admit all that might be said on the opposite sideā. For these reasons, and for others suggested with equal felicity, and with equal fidelity, the son writes of the father, āIt is most desirable that his qualities should be known as they were; for such deficiencies as he had are the honest explanation of his mistakes; while, as the reader may see from his writings and his conduct, they are not, as the faults of which he was accused would be, incompatible with the noblest faculties both of head and heart. To know Leigh Hunt as he was, was to hold him in reverence and love.ā
These quotations are made here, with a special object. It is not, that the personal testimony of one who knew Leigh Hunt well, may be borne to their truthfulness. It is not, that it may be recorded in these pages, as in his sonās introductory chapter, that his life was of the most amiable and domestic kind, that his wants were few, that his way of life was frugal, that he was a man of small expenses, no ostentations, a diligent labourer, and a secluded man of letters. It is not, that the inconsiderate and forgetful may be reminded of his wrongs and sufferings in the days of the Regency, and of the national disgrace of his imprisonment. It is not, that their forbearance may be entreated for his grave, in right of his graceful fancy or his political labours and endurances, though -
Not only we, the latest seed of Time, New men, that in the flying of a wheel Cry down the past, not only we, that prate Of rights and wrongs, have loved the people well.
It is, that a duty may be done in the most direct way possible. An act of plain, clear duty.
Four or five years ago, the writer of these lines was much pained by accidentally encountering a printed statement, āthat Mr. Leigh Hunt was the original of Harold Skimpole in Bleak Houseā. The writer of these lines, is the author of that book. The statement came from America. It is no disrespect to that country, in which the writer has, perhaps, as many friends and as true an interest as any man that lives, good-humouredly to state the fact, that he has, now and then, been the subject of paragraphs in Transatlantic newspapers, more surprisingly destitute of all foundation in truth than the wildest delusions of the wildest lunatics. For reasons born of this experience, he let the thing go by.
But, since Mr. Leigh Huntās death, the statement has been revived in England. The delicacy and generosity evinced in its revival, are for the rather late consideration of its revivers. The fact is this:
Exactly those graces and charms of manner which are remembered in
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