“My lords and gentlemen of the jury—Upon the evidence which has this day been produced against me, I find it very difficult to address your lordships. There is no man in the world who has a deeper sense of the heinous nature of the crime for which I stand indicted than myself: I view it, my lords, in all its extent of malignancy towards a commercial state like ours; but, my lords, I humbly apprehend, though no lawyer, that the moral turpitude and malignancy of the crime always, both in the eye of the law and of religion, consists in the intention. I am informed, my lords, that the act of parliament on this head runs perpetually in this style, with an intention to defraud. Such an intention, my lords and gentlemen of the jury, I believe, has not been attempted to be proved upon me, and the consequences that have happened, which have appeared before you, sufficiently prove that a perfect and ample restitution has been made. I leave it, my lords, to you and the gentlemen of the jury to consider, that if an unhappy man ever deviates from the law of right, yet if in the single first moment of recollection he does all that he can to make a full and perfect amends, what, my lords and gentlemen of the jury, can God and man desire further? My lords, there are a variety of little circumstances too tedious to trouble you with, with respect to this matter. Were I to give loose to my feelings, I have many things to say which I am sure you would feel with respect to me; but as it appears on all hands, that no injury, intentional or real, has been done to any man living, I hope that you will consider the case in its true state of clemency. I must observe to your lordships, that though I have met with all candour in this court, yet I have been pursued with excessive cruelty; I have been prosecuted after the most express engagements, after the most solemn assurances, after the most delusive, soothing arguments of Mr. Manly; I have been prosecuted with a cruelty scarcely to be paralleled. A person avowedly criminal in the same indictment with myself has been brought forth as a capital witness against me; a fact, I believe, totally unexampled. My lords, oppressed as I am with infamy, loaded as I am with distress, sunk under this cruel prosecution, your lordships and the gentlemen of the jury cannot think life a matter of any value to me. No, my lords, I solemnly protest, that death of all blessings would be the most pleasant to me after this pain. I have yet, my lords, ties which call upon me—ties which render me desirous even to continue this miserable existence. I have a wife, my lords, who, for twenty-seven years, has lived an unparalleled example of conjugal attachment and fidelity, and whose behaviour during this trying scene would draw tears of approbation, I am sure, even from the most inhuman. My lords, I have creditors, honest men, who will lose much by my death. I hope, for the sake of justice towards them, some mercy will be shown to me. If, upon the whole, these considerations at all avail with you—if, upon the most impartial survey of matters, not the slightest intention of injury can appear to any one—(and I solemnly declare it was in my power to replace it in three months—of this I assured Mr. Robertson frequently, and had his solemn assurances that no man should be privy to it but Mr. Fletcher and himself)—and if no injury was done to any man upon earth, I then hope, I trust, I fully confide myself in the tenderness, humanity, and protection, of my country.”
The jury retired for about ten minutes, and then returned with a verdict that “the prisoner was guilty;” but at the same time presented a petition, humbly recommending the doctor to the royal mercy.
It was afterwards declared that upon the reserved point, the opinion of the judges was, that he had been legally convicted. On the last day of the sessions Dr. Dodd was again put to the bar to receive judgment. The clerk of the arraigns then addressed him, saying,
“Dr. William Dodd, you stand convicted of forgery, what have you to say why this court should not give you judgment to die, according to law?”
In reply Dr. Dodd addressed the court as follows:—
“My lord—I new stand before you a dreadful example of human infirmity. I entered upon public life with the expectations common to young men whose education has been liberal, and whose abilities have been flattered; and, when I became a clergyman, I considered myself as not impairing the dignity of the order. I was not an idle, nor, I hope, an useless minister: I taught the truths of Christianity with the zeal of conviction and the authority of innocence.
“My labours were approved, my pulpit became popular, and I have reason to believe that, of those who heard me, some have been preserved from sin, and some have been reclaimed. Condescend, my lord, to think, if these considerations aggravate my crime, how much they must embitter my punishment! Being distinguished and elevated by the confidence of mankind, I had too much confidence in myself; and, thinking my integrity—what others thought it—established in sincerity, and fortified by religion, I did not consider the danger of vanity, nor suspect the deceitfulness of mine own heart. The day of conflict came, in which temptation seized and overwhelmed me! I committed the crime, which I entreat your lordship to believe that my conscience hourly represents to me in its full bulk of mischief and malignity. Many have been overpowered by temptation, who are now among the penitent in heaven! To an act now waiting the decision of vindictive justice I will now presume to oppose the counterbalance of almost thirty years (a great part of the life of man) passed in exciting and exercising charity—in relieving such distresses as I now feel—in administering those consolations which I now want. I will not otherwise extenuate my offence than by declaring, what I hope will appear to many, and what many circumstances make probable, that I did not intend finally to defraud: nor will it become me to apportion my own punishment, by alleging that my sufferings have been not much less than my guilt; I have fallen from reputation which ought to have made me cautious, and from a fortune which ought to have given me content. I am sunk at once into poverty and scorn; my name and my crime fill the ballads in the streets; the sport of the thoughtless, and the triumph of the wicked! It may seem strange, my lord, that, remembering what I have lately been, I should still wish to continue what I am! but contempt of death, how speciously soever it may mingle with heathen virtues, has nothing in it suitable to Christian penitence. Many motives impel me to beg earnestly for life. I feel the natural horror of a violent death, the universal dread of untimely dissolution. I am desirous to recompense the injury I have done to the clergy, to the world, and to religion, and to efface the scandal of my crime, by the example of my repentance: but, above all, I wish to die with thoughts more composed, and calmer preparation. The gloom and confusion of a prison, the anxiety of a trial, the horrors of suspense, and the inevitable vicissitudes of passion, leave not the mind in a due disposition for the holy exercises of prayer and self-examination. Let not a little life be denied me, in which I may, by meditation and contrition, prepare myself to stand at the tribunal of Omnipotence, and support the presence of that Judge, who shall distribute to all according to their works: who will receive and pardon the repenting sinner, and from whom the merciful shall obtain mercy! For these reasons, my lords, amidst shame and misery, I yet wish to live; and most humbly implore, that I may be recommended by your lordship to the clemency of his majesty.”
Here he sunk down overcome with mental agony, and some time elapsed before he was sufficiently recovered to hear the dreadful sentence of the law, which the Recorder pronounced upon him in the following words:
“Dr. William Dodd,
“You have been convicted of the offence of publishing a forged and counterfeit bond, knowing it to be forged and counterfeited; and you have had the advantage which the laws of this country afford to every man in your situation, a fair, an impartial, and an attentive trial. The jury, to whose justice you appealed, have found you guilty; their verdict has undergone the consideration of the learned judges, and they found no ground to impeach the justice of that verdict; you yourself have admitted the justice of it; and now the very painful duty that the necessity of the law imposes upon the court, to pronounce the sentence of that law against you, remains only to be performed. You appear to entertain a very proper sense of the enormity of the offence which you have committed; you appear, too, in a state of contrition of mind, and, I doubt not, have duly reflected how far the dangerous tendency of the offence you have been guilty of is increased by the influence of example, in being committed by a person of your character, and of the sacred function of which you are a member. These sentiments seem to be yours; I would wish to cultivate such sentiments; but I would not wish to add to the anguish of your mind by dwelling upon your situation. Your application for mercy must be made elsewhere; it would be cruel in the court to flatter you; there is a power