ing, perhaps heartening, animating the base gang in their efforts to destroy me, at once dissipated it. She supplied another motive to me, to carry myself with spirit and dignity. The unfortunate may sometimes break down under the sense of their misfortunes: but the persecuted are mostly strengthened by their oppressor, and do not fall, but are stricken down.

Gregory now was called upon for his defence. He was very brief, giving a plain statement of as much as had occurred in the coffeeroom, as his active share in the quarrel had enabled him to observe. He submitted that testimony so various, and in some points so contradictory as had been brought against us, was not entitled to credit; and that the characters of the men and women who had offered it were so infamous that, even had they preserved a consistence and integrity of evidence, it would not, or ought not, to weigh heavily against us.

My speech occupied a considerable time. I examined and sifted the evidence which had been tendered against us. I laboured, and I believe successfully, to show that, with the exception of the doctor's surmise, it was utterly unworthy of a moment's consideration. I explained how it came to pass that Sinclair received his wound on the left side of the body; by describing how Gregory's arm, sweeping in the direction of Nuttal, had caught Sinclair's sword-arm, and had swung him half round. But, I proceeded to contend that, even if the jury were to believe that portion of Nuttal's evidence, (which, however, like the rest, was false,) which asserted that I had stabbed Sinclair when his sword was held towards the ground, I was not, in reason or justice, bound to wait till a lunge was made at me, which might incapacitate me from returning it, and which, had I so waited and had it taken such an effect, would have caused Mr. Sinclair to stand where I then stood.

Merchant, by a motion of the head, intimated that he declined saying anything; indeed, he subsequently informed me that his tongue was as dry during the trial as an old shoe, and that he believed, had he attempted to utter a word, he should have been choked.

The three men who had run into the coffee-room during the affray were then called. Their evidence varied but slightly. There was just so much discrepancy in it as it was natural to expect, and as was unavoidable, considering the hurry and tumult of the whole proceeding; and it supported our defence in all its main particulars.

It was next shown on our behalf that Nuttal was a fellow who hung loose upon society, that he was a man accustomed to violence and brawls, and that he had been heard to threaten that he would ⚫ do for us' if we escaped this bout,' and he could catch us alone. The Lemerys, and the wife of the latter, were proved to be disreputable creatures, the woman only less infamous than Mrs. Rock, and about on a par with Mrs. Edersby, by whom, it appeared, both were supported, although on a different footing,-which I need not describe or explain. The house itself was well-known.

Lastly, witnesses were called to our characters. The gentlemen who appeared on behalf of Gregory were all of them of the highest respectability; many of those who testified to mine were of no common distinction. Let me remember amongst them my friends, Mr.

Wilks and Mr. Aaron Hill, Thomson and Mallet, Lord Tyrconnel and Major-General Churchill, the friend of Mrs. Oldfield. Langley and Burridge, our common friends, spoke in behalf of us both jointly. Myte hung about the court, and was seen both by Gregory and me; but by no inducement could he be prevailed upon to enter the witness-box. At length, tearing himself from Langley's detaining grasp, and drawing in a long breath, he rushed wildly out of the

court.

When Page was about to sum up, a woman in the dress of a widow made her way to the witness-box, and having been helped into it, after bestowing a low obeisance upon the judge, turned towards us, and smiling, though the tears rolled plentifully down her face, nodded encouragingly at Gregory and me. It was some time before I recognized her; but when at last I did, the spirit that had upheld me all along had well-nigh deserted me. Had I not checked on a sudden a rebellious rising in my throat, my eyes had overflowed.

'Please your honourable worship,' said poor simple Mrs. Martin, with a low curtsey, 'I know the two young gentlemen yonder. The youngest of 'em-he was but a boy then-came to lodge with my good master and me (I wish he was alive and here, he could have told you better than I can). Well, your worshipful lordship,' curtsying again, he was treated very barbarously by his lady-mother, one Madame Brett'

'What does the woman mean?' cried Page, to what does this lead? What do you know of the prisoner? What have you to say in his favour?'

I was coming to that, please your worship,' cried Mrs. Martin. ⚫ She wanted to put him on board ship,--to make away with him, like. Well, my master

Stand down, woman!' exclaimed Page roughly. 'We are not to be amused with these old wife's tales. Bid her stand down.'

A constable laid his hand upon her arm, 'You must stand down, missus.'

She did not resist; but, curtsying as before, went out of the box.

'I wouldn't speak falsely for the world, and all it's worth,' said she, appealing to the people about her; but, gentlemen, I wanted to say this: I know the dear young creature there, whose life's in the hands of God Almighty, not in no one's here, wouldn't kill a fly, much more a Christian, unless he had a call to do it.'

The commotion caused by this little incident having subsided, Page proceeded to sum up the evidence against us; which he did with extraordinary unfairness and partiality. He remarked that whatever difference there might have been, and was, in the depositions of the witnesses, it by no means amounted to inconsistency, and that it was easily explained by the suddenness and confusion with which the whole business had been carried on. He observed, further, that the difference itself was sufficient to satisfy the jury of the general truth of the testimony offered by those who had appeared against us.

If,' said he, their evidence had been one, it might reasonably be suspected that it was false, since it is impossible they could each have seen all; or, granting that possibility, that they could have been suffi

ciently collected to have remembered it with such exactness as would justify you in giving implicit credit to it. They all agree, nor do the prisoners themselves deny it, that Merchant gave the first provocation. With regard to the witnesses they have called, their evidence can weigh but lightly with you, as they were not present till the murder was, as I may say, on its course. But, gentlemen of the jury,' raising his voice, and casting a hideous leer first towards us, and then at the twelve fellows in the box, who, having enjoyed his peculiar humour before, or having heard of his talents that way, relaxed their muscles, and sat prepared to furnish a requiting grin, but, gentlemen of the jury, this, I doubt not-all this is a very light matter to the prisoners at the bar, more especially to Mr. Savage, who, as you no doubt have perceived, has carried himself to-day as though killing a gentleman were a very praiseworthy occupation of a gentleman's time. Must we not teach Mr. Savage a different lesson ? Gentlemen of the jury, consider, I pray you, that Mr. Savage is a very great man,-oh! a great man, indeed,--a much greater man than you or I, gentlemen of the jury. But, gentlemen of the jury, is it not, after all, a hard case, a very hard case, that Mr. Savage should, therefore, kill you or me, gentlemen of the jury?'

I cannot describe the rage, horror, and disgust, with which I listened to the infamous harangue.

Gentlemen of the jury,' I called out, 'this judge whom you have just heard, appears to love his joke better than justice. This is not

Smithfield, this is a court of law; nor ought we to suffer because fortune has misplaced him. Mr. Page, when he seeks by these means to obtain a conviction against me for murder, is endeavouring to commit one. Gentlemen, you ought not to listen'

Silence, fellow!' interrupted Page, all the irresponsible and licentious devil flaming forth out of his face,-'silence!' he roared, 'take the fellow from the court. What does he resist? Drag him away by force! What! what! what! do you mark him, gentlemen of the jury?'

Three fellows laid hands upon me, and hauled me out of the court, amid the murmurs of the spectators.

You'll swing for this, master, I'm sorry to tell you,' said one of the fellows. Lord bless you! why did you break out so? it's only his way; he always plays with his fish before he kills 'em.'

While the jury were deliberating, I was re-admitted, that I might hear the verdict pronounced. They were closeted more than an hour: and on their return found Gregory and me guilty of murder, and Merchant of manslaughter. The instant it was pronounced, a female figure, rising from her seat, uttered a piercing shriek, and went into strong convulsions. My Elizabeth! A crowd gathered about her to tender, as I suppose, assistance. There was but an instant. The gaolers had us by the arms, and were about to lead us out of the court. In the centre of it, and in the midst of a multitude pressing to leave,— for the court had risen,-I beheld Mrs. Brett. Her eyes encountered mine. Such eyes! I wonder not they sickened Gregory to look upon them. A smile, too, upon her lip, which a stranger would have called irresistible; but of which I knew the deadly import, she knowing that I knew it.

*Page was not knighted till some years after Savage's trial.

THE PHILOSOPHY OF IDLENESS.

EDITED BY ALFRED CROWQUILL.

'La paresse est une belle vertu
Quand elle est bien entretenue.'

The best of men have ever loved repose.-THOMSON.

Præstat otiosum esse quàm nihil agere.-PLIN. EPIST.

Quicumque dormit, non peccat, qui non peccat, salvabitur, ergo, qui dormit salvabitur.

YAWN THE FIRST.

THE rivers of America are magnificent, and the most vaunting, boasting, rhodomontading, mendacious, poetical, double-tongued, polyoptical Yankee cannot by the finest figure in the choice museum of his magniloquence go beyond the mark in describing them. There is nothing in the current language of the New or the Old Word that can possibly bring to the mind's eye a correct idea of their volume and immensity.

We have sailed and steamed on them all, and have anchored in their natural bays and harbours, and landed on many of the innumerable little bits of islands which stud them-like bright emeralds on the heaving bosom of a giantess.

But we have sought in vain from map or man to discover that delectable river,-so congenial in its course to our own indolence,-that river, which a native American has described as 'too lazy to run down a hill! What a gem is that river-a gem of the first water!

How wise it is to keep its bed! How unlike those turbulent and unruly streams-those graceless runaways, that are only fitted by Nature for the sea to which they rush.

YAWN THE SECOND.

Man is a machine, ergo, the more friction he suffers from activity, the more rapidly will he wear out. That great philosopher, Diogenes, whose happiness and contentment even Alexander envied, was so perfectly convinced of this axiom, that he wisely contracted his worldly estate and possessions to the narrowest possible limits, and tenanted a tub. Happy mortal! that, like a snail, could carry his house upon his back.

A counterpart of this sage of antiquity was that simple shepherd who wished for wealth that he might eat fat bacon, and swing all day upon a gate!

Thomson, the poet of the seasons, possessed a spice of this enviable spirit; for he loved to saunter about his cool garden at a tortoise-pace,

-his hands resting in the hollow of his broad back, and ever and anon to stop and nibble the ripe peaches as they hung upon the wall. What perfection of idleness! It is only given to transcendent genius to arrive at thy pinguifying pinnacle.

YAWN THE THIRD.

A Portrait.

-Listless Slow was theoretically an industrious man,-practically a pattern of indolence. He was sleek, fair-haired, and, by habit, had superinduced a plumpness that bordered upon the chubby. The house was a very hive of industry, and he a drone.

By the influence of his father-in-law he had obtained a situation under government; the fatigues of office were his constant theme, and the ever ready excuse for his repose.

Poor fellow he generally took his chocolate in bed at eight, read till nine, and then, by an effort, leaped into his dressing-gown and slippers, and submitted his chin to the operations of a barber.

At ten the omnibus called at his door, and transported him to the office the hours of business being from eleven to two o'clock-where, in winter, he sat with his feet on the fender, punching the offensive round coals in the glowing grate, while a junior clerk read the newspaper aloud.

In summer he ate strawberries or cherries, and killed time by shooting at the blue-bottle flies which busily buzzed about his prison, for such he deemed it.

Harassed with the toils of the day,-having probably been compelled to sign his name half-a-dozen times in the course of his incarceration, he hailed the advent of the omnibus with the glee of a school-boy going home for the holidays; and returned to his domestic retreat to count the tardy minutes till dinner was announced.

His little active wife and children all sympathised with the parent; and while his affectionate partner proffered a jelly or an ice, or an anchovy sandwich, to recruit his wasted energies, his eldest girl would gently lull his mind by playing soft airs upon the piano, while he lolled at full length upon the yielding sofa.

In fact, he had the art of turning all their [tenderness and activity to the promotion of his own peculiar enjoyment.

Poor Slow! he was as nearly arriving at perfection in the art of idleness as any mortal breathing, when, unfortunately, the world suddenly lost the benefit of his bright example and profound experience, through the intervention of an apoplectic fit.

'Man never is, but always to be, blessed.'

YAWN THE FOURTH.

'My dear Tom,' said an exquisite to a brother idler, how do you spend the four-and-twenty hours?'

In charity !' replied his friend. In charity?'

'Yes,' continued Tom. Firstly, I give twelve hours to sleep,and of the remaining twelve I give two to dress,-four to eating and drinking,-four to the play or opera,-and two to smoking and building l'