 
There were assembled at the table the governor of these (not improperly called infernal) regions; the lieutenant-governor, vulgarly named the first turnkey; Miss Matthews, Mr. Booth, Mr. Robinson the gambler, several other prisoners of both sexes, and one Murphy, an attorney. The governor took the first opportunity to bring the affair of Miss Matthews upon the carpet, and then, turning to Murphy, he said, “It is very lucky this gentleman happens to be present; I do assure you, madam, your cause cannot be in abler hands. He is, I believe, the best man in England at a defence; I have known him often succeed against the most positive evidence.” “Fy, sir,” answered Murphy; “you know I hate all this; but, if the lady will trust me with her cause, I will do the best in my power. Come, madam, do not be discouraged; a bit of manslaughter and cold iron, I hope, will be the worst: or perhaps we may come off better with a slice of chance-medley, or se defendendo” “I am very ignorant of the law, sir,” cries the lady. “Yes, madam,” answered Murphy; “it can’t be expected you should understand it. There are very few of us who profess it that understand the whole, nor is it necessary we should. There is a great deal of rubbish of little use, about indictments, and abatements, and bars, and ejectments, and trovers, and such stuff, with which people cram their heads to little purpose. The chapter of evidence is the main business; that is the sheet-anchor; that is the rudder, which brings the vessel safe in portum. Evidence is, indeed, the whole, the summa totidis, for de non apparentibus et non insistentibus eandem est ratio.” “If you address yourself to me, sir,” said the lady, “you are much too learned, I assure you, for my understanding.” “Tace, madam,” answered Murphy, “is Latin for a candle: I commend your prudence. I shall know the particulars of your case when we are alone.” “I hope the lady,” said Robinson, “hath no suspicion of any person here. I hope we are all persons of honour at this table.” “D—n my eyes!” answered a well-dressed woman, “I can answer for myself and the other ladies; though I never saw the lady in my life, she need not be shy of us, d—n my eyes! I scorn to rap {Footnote: A cant word, meaning to swear, or rather to perjure yourself} against any lady.” “D—n me, madam!” cried another female, “I honour what you have done. I once put a knife into a cull myself—so my service to you, madam, and I wish you may come off with se diffidendo with all my heart.” “I beg, good woman,” said Miss Matthews, “you would talk on some other subject, and give yourself no concern about my affairs.” “You see, ladies,” cried Murphy, “the gentle-woman doth not care to talk on this matter before company; so pray do not press her.” “Nay, I value the lady’s acquaintance no more than she values mine,” cries the first woman who spoke. “I have kept as good company as the lady, I believe, every day in the week. Good woman! I don’t use to be so treated. If the lady says such another word to me, d—n me, I will darken her daylights. Marry, come up! Good woman!—the lady’s a whore as well as myself! and, though I am sent hither to mill doll, d—n my eyes, I have money enough to buy it off as well as the lady herself.” Action might perhaps soon have ensued this speech, had not the keeper interposed his authority, and put an end to any further dispute. Soon after which, the company broke up, and none but himself, Mr. Murphy, Captain Booth, and Miss Matthews, remained together. Miss Matthews then, at the entreaty of the keeper, began to open her case to Mr. Murphy, whom she admitted to be her solicitor, though she still declared she was indifferent as to the event of the trial. Mr. Murphy, having heard all the particulars with which the reader is already acquainted (as far as related to the murder), shook his head and said, “There is but one circumstance, madam, which I wish was out of the case; and that we must put out of it; I mean the carrying the penknife drawn into the room with you; for that seems to imply malice prepensive, as we call it in the law: this circumstance, therefore, must not appear against you; and, if the servant who was in the room observed this, he must be bought off at all hazards. All here you say are friends; therefore I tell you openly, you must furnish me with money sufficient for this purpose. Malice is all we have to guard against.” “I would not presume, sir,” cries Booth, “to inform you in the law; but I have heard, in case of stabbing, a man may be indicted upon the statute; and it is capital, though no malice appears.” “You say true, sir,” answered Murphy; “a man may be indicted contra formam statutis; and that method, I allow you, requires no malice. I presume you are a lawyer, sir?” “No, indeed, sir,” answered Booth, “I know nothing of the law.” “Then, sir, I will tell you—If a man be indicted contra formam tatutis, as we say, no malice is necessary, because the form of the statute makes malice; and then what we have to guard against is having struck the first blow. Pox on’t, it is unlucky this was done in a room: if it had been in the street we could have had five or six witnesses to have proved the first blow, cheaper than, I am afraid, we shall get this one; for when a man knows, from the unhappy circumstances of the case, that you can procure no other witness but himself, he is always dear. It is so in all other ways of business. I am very implicit, you see; but we are all among friends. The safest way is to furnish me with money enough to offer him a good round sum at once; and I think (it is for your good I speak) fifty pounds is the least than can be offered him. I do assure you I would offer him no less was it my own case.” “And do you think, sir,” said she, “that I would save my life at the expense of hiring another to perjure himself?” “Ay, surely do I,” cries Murphy; “for where is the fault, admitting there is some fault in perjury, as you call it? and, to be sure, it is such a matter as every man would rather wish to avoid than not: and yet, as it may be managed, there is not so much as some people are apt to imagine in it; for he need not kiss the book, and then pray where’s the perjury? but if the crier is sharper than ordinary, what is it he kisses? is it anything but a bit of calf’s-skin? I am sure a man must be a very bad Christian himself who would not do so much as that to save the life of any Christian whatever, much more of so pretty a lady. Indeed, madam, if we can make out but a tolerable case, so much beauty will go a great way with the judge and the jury too.” The latter part of this speech, notwithstanding the mouth it came from, caused Miss Matthews to suppress much of the indignation which began to arise at the former; and she answered with a smile, “Sir, you are a great casuist in these matters; but we need argue no longer concerning them; for, if fifty pounds would save my life, I assure you I could not command that sum. The little money I have in my pocket is all I can call my own; and I apprehend, in the situation I am in, I shall have very little of that to spare.” “Come, come, madam,” cries Murphy, “life is sweet, let me tell you, and never sweeter than when we are near losing it. I have known many a man very brave and undaunted at his first commitment, who, when business began to thicken a little upon him, hath changed his note. It is no time to be saving in your condition.” The keeper, who, after the liberality of Miss Matthews, and on seeing a purse of guineas in her hand, had conceived a great opinion of her wealth, no sooner heard that the sum which he had in intention intirely confiscated for his own use was attempted to be broke in upon, thought it high time to be upon his guard. “To be sure,” cries he, “Mr. Murphy, life is sweet, as you say, that must be acknowledged; to be sure, life is sweet; but, sweet as it is, no persons can advance more than they are worth to save it. And indeed, if the lady can command no more money than that little she mentions, she is to be commended for her unwillingness to part with any of it; for, to be sure, as she says, she will want every farthing of that to live like a gentlewoman till she comes to her trial. And, to be sure, as sweet as life is, people ought to take care to be able to live sweetly while they do live; besides, I cannot help saying the lady shews herself to be what she is, by her abhorrence of perjury, which is certainly a very dreadful crime. And, though the not kissing the book doth, as you say, make a great deal of difference; and, if a man had a great while to live and repent, perhaps he might swallow it well enough; yet, when people comes to be near their end (as who can venture to foretel what will be the lady’s case?) they ought to take care not to overburthen their conscience. I hope the lady’s case will not be found murder; for I am sure I always wish well to all my prisoners who shew themselves to be gentlemen or gentlewomen; yet one should always fear the worst.” “Indeed, sir, you speak like an oracle,” answered the lady; “and one subornation of perjury would sit heavier on my conscience than twenty such murders as I am guilty of.” “Nay, to be sure, madam,” answered the keeper, “nobody can pretend to tell what provocation you must have had; and certainly it can never be imagined that a lady who behaves herself so handsomely as you have done ever since you have been under my keys should be guilty of killing a man without being very highly provoked to do it.” Mr. Murphy was, I believe, going to answer when he was called out of the room; after which nothing passed between the remaining persons worth relating, till Booth and the lady retired back again into the lady’s apartment. Here they fell immediately to commenting on the foregoing discourse; but, as their comments were, I believe, the same with what most readers have made on the same occasion, we shall omit them. At last, Miss Matthews reminding her companion of his promise of relating to her what had befallen him since the interruption of their former acquaintance, he began as is written in the next book of this history.
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