How striking and instructive to observe the abstract rules of justice brought to bear, with equal readiness and precision, upon ordinary and extraordinary combinations of circumstances!--to witness the dead letter of the law become animated with potent vitality for the regulation of human affairs!
Again, it has often occurred to us that there is another point of view from which important trials--nay, almost any trial--may be contemplated with lively interest by a logical observer, with reference to _the use made of facts_ by judicial and forensic intellect. How little even the acutest layman could have anticipated such dealing with facts as that which he here beholds; how he must appreciate the practised, watchful art with which the slightest circumstance is seized hold of, and in due time so combined with others with which it seemed to have no conceivable connexion, as to justify conclusions exactly the reverse of those which had till then seemed inevitable! What totally different aspects the same facts may be made to wear by different dealers with them, having different objects in view! By their different arrangement and combination, what _unexpected_ inferences may be drawn from the self-same facts, and even when similarly arranged and combined! How exciting to see a defence constructed by experienced astuteness and eloquence out of the slightest materials--out of a hopeless case--in the teeth of one overpowering for the prosecution! The desperate determination, the exquisite subtlety, the consummate judgment, often exhibited on such occasions by eminent advocates--struggling, too, at once with their own sense of right and wrong, and the desire to do their utmost for one who has intrusted his all to them--conscious, too, that though a jury of twelve plain common-sense people may be unable to see through the fallacies which are presented to them, it will doubtless be very far otherwise with one who has to follow, who has the last word! and with that last word may at once lay bare the sophistries of forensic effrontery, and perhaps rebuke him who attempted to trifle with and mislead the understandings of those so solemnly sworn to give a just and true verdict according to the evidence. "But what is one to do?" exclaims the anxious advocate. "How am I to defend yonder trembling being who has selected me to stand between him and--the scaffold, it may be--if I am to play the judge, and not the advocate; to yield pusillanimously to an array of fearfully plain facts, and make no attempt to square them with the hypothesis of my client's innocence, or persuade a jury that they are--whatever my own secret opinion--pregnant with too much doubt to warrant a verdict of guilty?" Only one who has been placed in the situation can conceive the faintest idea of what is endured on such occasions by the sensitive and conscientious advocate, who is called upon in desperate emergencies--in moments of intense eagerness and anxiety--the spasms, as it were, of which are _publicly_ exhibited, and before gifted and critical rivals and merciless public censors, to see and _observe_ the delicate but decisive line of right--of duty; to maintain at once the character of the zealous, effective advocate, and the Christian gentleman. If sufficient allowances were made for persons placed in such circumstances of serious embarrassment and responsibility, less uncharitable judgments would be passed on the manner in which advocates exercise their functions than are sometimes seen; judgments formed and pronounced, too, in the closet--by those speaking after the event--calm and undisturbed by anxieties and agitation, which have probably _never been personally experienced_. This topic, however, we shall hereafter treat more at large, in giving to the volumes before us that extended examination which is at present contemplated. They contain a series of trials of undoubted public interest and importance. They have been selected upon the whole judiciously, with a view to the end which the author had proposed to himself; though the propriety of the title which he has chosen--_i. e._ "Modern _State_ Trials"--is not at first sight apparent. The idea conveyed by these words is, trials directly affecting _the state_, political prosecutions in respect of political offences. It is difficult to bring trials for murder, duelling, forgery, abduction, libel, blasphemy, and conspiracy, under this category; and this Mr Townsend felt. Such, nevertheless, constitute a large proportion of the trials contained in these volumes, and are, in our opinion, also those of most popular interest, and worthiest of being dealt with, as it was Mr Townsend's expressed intention to deal with them.