Page:The Lives of the Most Eminent English Poets, Volume 3.djvu/205

Rh clothes, much finer clothes than you or I, gentlemen of the jury; that he has abundance of money in his pocket, much more money than you or I, gentlemen of the jury; but, gentlemen of the jury, is it not a very hard case, gentlemen of the jury, that Mr. Savage should therefore kill you or me, gentlemen of the jury?'

Mr. Savage, hearing his defence thus misrepresented, and the men who were to decide his fate incited against him by invidious comparisons, resolutely asserted, that his cause was not candidly explained, and began to recapitulate what he had before said with regard to his condition, and the necessity of endeavouring to escape the expences of imprisonment; but the judge having ordered him to be silent, and repeated his orders without effect, commanded that he should be taken from the bar by force.

The jury then heard the opinion of the judge, that good characters were of no weight against positive evidence, though they might turn the scale where it was doubtful; and that though, when two men attack each other, the death of either is only manslaughter; but where one is the aggressor, as in the Rh