Jane Eccles by Samuel Warren — Read

The criminal business of the office was, during the first three or four years of our partnership, entirely superintended by Mr. Flint; he being more _an fait_, from early practice, than myself in the art and mystery of prosecuting and defending felons, and I was thus happily relieved of duties which, in the days when George III. was king, were frequently very oppressive and revolting. The criminal practitioner dwelt in an atmosphere tainted alike with cruelty and crime, and pulsating alternately with merciless decrees of death, and the shrieks and wailings of sentenced guilt. And not always guilt! There exist many records of proofs, incontestable, but obtained too late, of innocence having been legally strangled on the gallows in other cases than that of Eliza Fenning. How could it be otherwise with a criminal code crowded in every line with penalties of death, nothing but -- death? Juster, wiser times have dawned upon us, in which truer notions prevail of what man owes to man, even when sitting in judgment on transgressors; and this we owe, let us not forget, to the exertions of a band of men who, undeterred by the sneers of the reputedly wise and _practical_ men of the world, and the taunts of "influential" newspapers, persisted in teaching that the rights of property could be more firmly cemented than by the shedding of blood -- law, justice, personal security more effectually vindicated than by the gallows. Let me confess that I also was, for many years, amongst the mockers, and sincerely held such "theorists" and "dreamers" as Sir Samuel Romilly and his fellow-workers in utter contempt. Not so my partner, Mr. Flint. Constantly in the presence of criminal judges and juries, he had less confidence in the unerring verity of their decisions than persons less familiar with them, or who see them only through the medium of newspapers.

Nothing could exceed his distress of mind if, in cases in which he was prosecuting attorney, a convict died persisting in his innocence, or without a full confession of guilt. And to such a pitch did this morbidly-sensitive feeling at length arrive, that he all at once refused to undertake, or in any way meddle with, criminal prosecutions, and they were consequently turned over to our head clerk, with occasional assistance from me if there happened to be a press of business of the sort. Mr. Flint still, however, retained a monopoly of the _defences_, except when, from some temporary cause or other, he happened to be otherwise engaged, when they fell to me. One of these I am about to relate, the result of which, whatever other impression it produced, thoroughly cured me -- as it may the reader -- of any propensity to sneer or laugh at criminal-law reformers and denouncers of the gallows.