There was no evidence that any one of the accused had any motive to commit such a crime; there was no evidence that Spencer Cowper had any connection with the persons who were said to be his accomplices. One of those persons, indeed, he had never seen. But no story is too absurd to be imposed on minds blinded by religious and political fanaticism. The Quakers and the Tories joined to raise a formidable clamour. The Quakers had, in those days, no scruples about capital punishments. They would, indeed, as Spencer Cowper said bitterly, but too truly, rather send four innocent men to the gallows than let it be believed that one who had their light within her had committed suicide. The Tories exulted in the prospect of winning two seats from the Whigs. The whole kingdom was divided between Stouts and Cowpers. At the summer assizes Hertford was crowded with anxious faces from London and from parts of England more distant than London. The prosecution was conducted with a malignity and unfairness which to us seem almost incredible; and, unfortunately, the dullest and most ignorant judge of the twelve was on the bench. Cowper defended himself and those who were said to be his accomplices with admirable ability and self possession. His brother, much more distressed than himself, sate near him through the long agony of that day. The case against the prisoners rested chiefly on the vulgar error that a human body, found, as this poor girl's body had been found, floating in water, must have been thrown into the water while still alive. To prove this doctrine the counsel for the Crown called medical practitioners, of whom nothing is now known except that some of them had been active against the Whigs at Hertford elections. To confirm the evidence of these gentlemen two or three sailors were put into the witness box. On the other side appeared an array of men of science whose names are still remembered. Among them was William Cowper, not a kinsman of the defendant, but the most celebrated anatomist that England had then produced. He was, indeed, the founder of a dynasty illustrious in the history of science; for he was the teacher of William Cheselden, and William Cheselden was the teacher of John Hunter. On the same side appeared Samuel Garth, who, among the physicians of the capital, had no rival except Radcliffe, and Hans Sloane, the founder of the magnificent museum which is one of the glories of our country. The attempt of the prosecutors to make the superstitions of the forecastle evidence for the purpose of taking away the lives of men was treated by these philosophers with just disdain. The stupid judge asked Garth what he could say in answer to the testimony of the seamen.
"My Lord," replied Garth, "I say that they are mistaken. I will find seamen in abundance to swear that they have known whistling raise the wind."The jury found the prisoners Not guilty; and the report carried back to London by persons who had been present at the trial was that everybody applauded the verdict, and that even the Stouts seemed to be convinced of their error. It is certain, however, that the malevolence of the defeated party soon revived in all its energy. The lives of the four men who had just been absolved were again attacked by means of the most absurd and odious proceeding known to our old law, the appeal of murder. This attack too failed. Every artifice of chicane was at length exhausted; and nothing was left to the disappointed sect and the disappointed faction except to calumniate those whom it had been found impossible to murder. In a succession of libels Spencer Cowper was held up to the execration of the public. But the public did him justice. He rose to high eminence in his profession; he at length took his seat, with general applause, on the judicial bench, and there distinguished himself by the humanity which he never failed to show to unhappy men who stood, as he had once stood, at the bar. Many who seldom trouble themselves about pedigrees may be interested by learning that he was the grandfather of that excellent man and excellent poet William Cowper, whose writings have long been peculiarly loved and prized by the members of the religious community which, under a strong delusion, sought to slay his innocent progenitor.19Though Spencer Cowper had escaped with life and honour, the Tories had carried their point. They had secured against the next election the support of the Quakers of Hertford; and the consequence was that the borough was lost to the family and to the party which had lately predominated there.
In the very week in which the great trial took place at Hertford, a feud arising out of the late election for Buckinghamshire very nearly produced fatal effects. Wharton, the chief of the Buckinghamshire Whigs, had with difficulty succeeded in bringing in his brother as one of the knights of the shire. Graham Viscount Cheyney, of the kingdom of Scotland, had been returned at the head of the poll by the Tories. The two noblemen met at the quarter sessions. In England Cheyney was before the Union merely an Esquire. Wharton was undoubtedly entitled to take place of him, and had repeatedly taken place of him without any dispute. But angry passions now ran so high that a decent pretext for indulging them was hardly thought necessary. Cheyney fastened a quarrel on Wharton. They drew. Wharton, whose cool good humoured courage and skill in fence were the envy of all the swordsmen of that age, closed with his quarrelsome neighbour, disarmed him, and gave him his life.
A more tragical duel had just taken place at Westminster. Conway Seymour, the eldest son of Sir Edward Seymour, had lately come of age. He was in possession of an independent fortune of seven thousand pounds a year, which he lavished in costly fopperies.