very much to the point. Had he thought that what he had done was forgery, which was only another shape of a lie—had he thought of the bad example and scandal-had he thought of the injury he was doing to a young nobleman just entering on life, when a bond to such an amount would be going round the market—had he thought of the irreparable injury done to the innocent stockbroker whom he had brought to a gaol? This was plain speaking; but still fair criticism on the Doctor's sickly appeals.

A week after, at the Magdalen Chapel, the clergyman who was officiating in the chaplain's absence read out a paper which he said had been sent to him: "The prayers of this congregation are desired for an unhappy person in confinement, and under very great affliction of mind." If the tears of the Magdalen had been so ready in the latticed gallery at the Doctor's sermons, how they must have flowed at this significant notice. But he did not know at this time what the town knew-that his picture, which hung in all state in the Board-room of the Magdalen House, had been ignominiously taken down, and carried away to some private place-the governors, no doubt, finding it awkward to have the "great Doctor Dodd" looking down on them as they deliberated.*

* Lady's Magazine, 1777. Was this the fine portrait of the Doctor by Gainsborough?

CHAPTER THE EIGHTH.

"THE TRIAL.”

SATURDAY, the 2nd of February, came round, and Doctor Dodd was placed at the bar. The morning of the sessions arrived, and the real moment of the Doctor's exposure was to begin. There were crowds gathered to see the show-just as crowds had so often before gathered to see and hear him at the Magdalen. This dreadful ordeal he had now to pass through. He appeared in the dock supported by his friend Weedon Butler. The judges who were to try him were, Mr. Justice Willes, Mr. Justice Peryn, and Mr. Justice Gould. For the Crown appeared Mr. Mansfield and Mr. Davenport. For the prisoner, Cowper, Buller, and Howarth; of whom the two first were to be judges later. The popular preacher was not likely to want the best assistance that money could procure. They must have felt, however, that it was a desperate case, and they could rely but on the feelings of the jury, and on a pre

liminary objection. When the prisoner was being indicted, he begged leave to read a paper, and the severity of those days not allowing the accused the benefit of a speech from his counsel, and even forcing him to open matter of legal objection, Doctor Dodd proceeded to say, that as Robertson's name was on the back of the bill found by the grand jury, and as that testimony had been placed before them by surreptitious means, and in defiance of the order of the court, he was advised the indictment could not be sustained; and thereupon his counsel proceeded to argue the legal question.

It was, what might be called, a "nice point," and on account of the greater indulgence extended to prisoners in the construction of criminal doubts, might seem to offer a fair chance; and a very spirited argument followed. It was evident that the counsel for the defence strained every nerve to carry this point. Lord Hale, and many other authorities, were quoted; and it did seem founded in justice that the prisoner should not be affected by a witness who was himself open to the same charge, and whose evidence, as it was illegally obtained, should practically be assumed not to have been before the grand jury. Mr. Mansfield, on the other side, in a calm and logical argument, disposed of the objection; declared that it was "perfectly new" to him; that it was no concern of the court what evidence was before the grand jury, or how it came to them; neither were they to weigh its legality or illegality; but it was quite sufficient that

the bill was found.

It was then urged as good law, that where the

bill had been found on the testimony of an outlaw the indictment had been quashed. The Crown replied that Robertson was not to be considered a criminal, as was the outlaw. Here, however, he was stopped by the court, who said they had it in the commitment before them, that Robertson was described as a principal. They offered the Crown to let them prefer a new indictment, or else go on with the present one at their peril, and have "the point saved" for the opinion of the judges. By this latter course, even if the prisoner was found guilty, and the judges decided with him, he never could be indicted on the same charge again-so there was a good deal of risk in adopting it; but so confident were the Crown in this view of the law, that they elected to take the chance.

It has been mentioned how he had managed to attach the "City people" to him. It was not therefore surprising, that, after the argument had closed, Alderman Woolridge stood up, and in a warm and excited speech, in which we almost hear his voice trembling, spoke of the proceeding as "an order wickedly, fraudulently, and maliciously obtained," and perhaps by something worse than all these epithets. "It strikes me with astonishment," the alderman went on; "I know nothing of the law; I speak from what I feel in my own heart. I say, if the prisoner at the bar is convicted by means of this order being surreptitiously obtained, I would not stand in the clerk's place for all it is worth! I say, let him hold up his hand and say whether he does not think the blood of the man at the bar will fall upon his head!"

This strange burst signifies something more than mere displeasure at an irregularity in the court, and shows how excited men's minds were about the unhappy Doctor's case. No notice was taken of these remarks, and the trial went on.

The Doctor was accordingly indicted in eight counts, framed with the usual ingenious variations, so as to cover all the degrees of delinquency into which the offence could be tortured. Mansfield stated the case in a calm and temperate discourse, opening his speech with an allusion to the extraordinary degree it had been a subject of conversation for the past fortnight, and exhorting the jury to dismiss all rumours from their minds. Witnesses were then called, whose testimony, dovetailed together, make up the story of the fraud just given. There were some singular violations of the law of evidence tolerated by the judges. For instance, the whole of the Doctor's behaviour, speeches, and confession, and admissions, on and after his arrest, when no caution had been given to him, were received. So, too, Mr. Manley, the solicitor, was allowed to tell all that passed between him and Lord Chesterfield when he called on him-together with the earl's remarks and denial of the bond. And when this was faintly and doubtingly objected to by the prisoner's counsel, the judge remarked, “Surely we have only to ask Lord Chesterfield himself," as though it was to save time.

Presently the earl was placed in the witness-box, amid great sensation in the court, for the relation