[Chronicles of the Canongate by Sir Walter Scott]@TWC D-Link book
Chronicles of the Canongate

CHAPTER II
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While those present expected that the wound, which had so lately flooded the apartment with gore, would send forth fresh streams at the touch of the homicide, Robin Oig replaced the covering with the brief exclamation, "He was a pretty man!" My story is nearly ended.

The unfortunate Highlander stood his trial at Carlisle.

I was myself present, and as a young Scottish lawyer, or barrister at least, and reputed a man of some quality, the politeness of the Sheriff of Cumberland offered me a place on the bench.

The facts of the case were proved in the manner I have related them; and whatever might be at first the prejudice of the audience against a crime so un-English as that of assassination from revenge, yet when the rooted national prejudices of the prisoner had been explained, which made him consider himself as stained with indelible dishonour, when subjected to personal violence--when his previous patience, moderation, and endurance were considered--the generosity of the English audience was inclined to regard his crime as the wayward aberration of a false idea of honour rather than as flowing from a heart naturally savage, or perverted by habitual vice.

I shall never forget the charge of the venerable judge to the jury, although not at that time liable to be much affected either by that which was eloquent or pathetic.
"We have had," he said, "in the previous part of our duty" (alluding to some former trials), "to discuss crimes which infer disgust and abhorrence, while they call down the well-merited vengeance of the law.
It is now our still more melancholy task to apply its salutary though severe enactments to a case of a very singular character, in which the crime (for a crime it is, and a deep one) arose less out of the malevolence of the heart, than the error of the understanding--less from any idea of committing wrong, than from an unhappily perverted notion of that which is right.


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