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Literary September 8, 1853

Eastern Times

Bath, Sagadahoc County, Maine

What is this article about?

Anecdote about Irish lawyer Counsellor Costello, who defends a guilty deputy cashier accused of stealing 10,000 guineas from Glendour & Co. by obtaining duplicate Dutch gold coins from Amsterdam to cast doubt on the evidence, securing acquittal.

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The Unscrupulous Lawyer.

About ninety years ago, the celebrated 'Counsellor Costello,' was in his zenith at the Irish bar, where he was unrivalled for wit, acuteness and propensity to brogue. His practice lay considerably in the criminal courts, where, by his ingenuity, he enabled the most deserving culprits to evade the well earned punishment of the law. He was one day summoned to Newgate in a hurry, and in a case of great emergency. The safe or strong box of Glendour & Co., had been plundered to an immense amount. Suspicion had fallen upon the deputy cashier, who was in consequence arrested and sent to prison, inside the walls of which he was advised by his fellow prisoner, (whom on his entrance he had conciliated by 'coming down' handsomely,) to send for Counsellor Costello, who would, if any man could, save his life. It was in obedience to this summons that the Counsellor repaired to Newgate-a practice not very general in London, perhaps, but not at all unusual in Dublin.

'I am told you are committed for purloining 10,000 guineas, my dear sir,' said the Counsellor, as he entered the cell.

'I am.'

'Are you guilty?'

'Sir!'

'Have you a rogue's chance?'

'I don't understand you.'

'Did you do the thing?'

'Sir, you insult me by your suspicion.'

'Then, by the powers, you'll be hanged'— and the Counsellor took his hat.

'Hold, sir,' said the prisoner who, after little hesitation, confessed that he was able to pay the Counsellor a thousand guineas if he procured his acquittal-the bargain was struck, and the Counsellor took his leave

Costello immediately repaired to the Crown Office, as it was then called in Dublin, from which his client had been committed. The sitting Magistrate was still on the bench.

'Good morrow, Mr. Alderman,' said the Counsellor as he entered-'Is there anything new to-day- anything stirring in my way?'

'Yes, a most extraordinary case has occurred. One of the Glendours' clerks has abstracted from the strong box of the bank ten bags, each containing 1000 guineas in gold. He was arrested this morning; some of the property was found on him, and has been sworn to. I sent him to Newgate half an hour since, and he'll certainly swing after the next Commission. [Old Bailey Sessions.]

'The property sworn to! why zounds, how can that be? One guinea is precisely like another, and-'

'True, true! but with the guineas the fellow stole some foreign gold coins, one of which a broad Dutch, was found on him when arrested; it has been identified by the chief cashier, so you will admit that there is no chance of escape. Here it is,' and he handed the coin to the Counsellor.

Costello took the money into his hand looked at it attentively, turned it in his hand, and after considering with the air of a virtuoso, returned it to the Alderman, with-'Upon my conscience, as clear a case as I ever met.

After some unimportant conversation, he withdrew, went home, and by the packet which sailed that night, he despatched a messenger to Amsterdam, with certain instructions, and a strict injunction to be back in Dublin within three weeks. at the end of which the Commissioner of Oyer and Terminer was to commence. The man succeeded in the object of his mission, and returned to Dublin on the very morning of the day appointed for the trial of his master's client.

The prisoner was put upon trial. The principal cashier of Glendour & Co., proved the circumstances of the robbery, as narrated by the Alderman to Costello, adding that the robber, who could be none but the prisoner, had substituted ten bags of half-pence for those of the gold, which he had stolen. The Dutch piece was then handed to the witness by the counsel for the prosecution; he unhesitatingly identified it as the property of his employers.

This evidence was conclusive--the prisoner's countenance changed-the jury indicated by their gestures that they were satisfied: the witness was descending from the stand, when Costello exclaimed-

'Stop, young man, a word with you. I will thank you for that gold piece, Mr-' (addressing the counsel for the prosecution, who handed it to him.) He looked at it, rubbed it on the sleeve of his well worn coat, and turning to the witness, said, holding the piece of money in his fingers—'and you positively swear this is the identical piece of gold which was in the strong box of Glendour & Co.?'

'I do.'

'Have a care, young man; look at it again,' said Costello, offering it to the witness, but letting it fall into his hat which lay before him on the table. 'I beg your pardon,' said he, taking up and handing the coin to the witness. 'You are sure that this is the identical piece of money.

'I am.'

'You are positive! look at it again.'

'I do; and swear it is the very identical piece.'

'And this, ' said the Counsellor, taking another and a similar piece from his hat.

The witness was petrified.

Costello had had at the crown office impressed upon his mind the date and effigies of the gold piece shown him, and it was to procure similar coins. that he had thus sent to Holland.

'And this?' continued he-'and this-and this-and this?' taking a fresh piece from his hat at each question. The witness was struck dumb. The prisoner was immediately acquitted.

What sub-type of article is it?

Prose Fiction Satire

What themes does it cover?

Moral Virtue Political

What keywords are associated?

Unscrupulous Lawyer Counsellor Costello Bank Robbery Trial Trickery Dublin Court Dutch Coin Acquittal

Literary Details

Title

The Unscrupulous Lawyer.

Key Lines

'Are You Guilty?' 'Sir!' 'Have You A Rogue's Chance?' 'I Don't Understand You.' 'Did You Do The Thing?' 'Sir, You Insult Me By Your Suspicion.' 'Then, By The Powers, You'll Be Hanged'— And The Counsellor Took His Hat.

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