Gutenkarte

We had, a little before this, had a trial for murder, in which the judges had allowed the lapse of twenty years since its commission as a plea in bar, in conformity with the doctrine of prescription in the civil law, which Scotland and several other countries in Europe have adopted. He at first disapproved of this; but then he thought there was something in it, if there had been for twenty years a neglect to prosecute a crime which was KNOWN. He would not allow that a murder, by not being DISCOVERED for twenty years, should escape punishment. We talked of the ancient trial by duel. He did not think it so absurd as is generally supposed; 'For,' said he, 'it was only allowed when the question was in equilibria, as when one affirmed and another denied; and they had a notion that Providence would interfere in favour of him who was in the right. But as it was found that in a duel, he who was in the right had not a better chance than he who was in the wrong, therefore society instituted the present mode of trial, and gave the advantage to him who is in the right.'

Dr Johnson thought it unnecessary to put himself to the additional expense of bringing with him Francis Barber, his faithful black servant; so we were attended only by my man, Joseph Ritter, a Bohemian; a fine stately fellow above six feet high, who had been over a great part of Europe, and spoke many languages. He was the best servant I ever saw. Let not my readers disdain his introduction! For Dr Johnson gave him this character: 'Sir, he is a civil man, and a wise man.'