in october, 1883, general pryor was sent to england, as counsel to defend patrick o'donnell, who had been indicted for the murder of james carey, and was now imprisoned in london. carey had been one of the leaders of the irish "invincibles" in 1881, and was an accomplice in the assassination of mr. t. h. burke and lord frederick cavendish in ph?nix park. he was arrested on january 13, 1883, and turned queen's evidence. in order to escape the vengeance of the "invincibles," he was secretly shipped for the cape under the name of "power." his plan of escape was discovered, and he was secretly followed by patrick o'donnell, who shot him before the vessel reached its destination.
the prisoner was an american citizen, and it was thought proper by some of his personal friends to have american counsel assist the local lawyers in his defence. there was no political signification in general pryor's being retained. he was aware that objection would be urged against his appearance in an english court. there was no precedent for his encouragement. the case of judah p. benjamin did not apply. mr. benjamin had been born a british subject and had "eaten his dinners" at the temple. only by an act of courtesy on the part of the judge could general pryor hope for a 384hearing. he wrote me, en route, on board the scythia, october 17:—
"an irish barrister on board has been my most constant companion,—a very intelligent gentleman is he,—and i am assured by him that i cannot be admitted to appear in court, the rule of court excluding from practice any but members of the bar. this does not surprise me. i can be usefully employed in consultation and suggestion. i have industriously read in the law of homicide, and on those topics i consider myself an expert."
meanwhile the newspapers were interested in the novel experiment of sending an american lawyer to defend an american citizen in england, and searching for some hidden reason for the selection of general pryor. "simply because of his daring spirit," said one. "he will speak out as another would hesitate to speak." "not so," said the editor of the irish world; "general pryor was selected on account of his ability as a lawyer. i know of no man who can better represent the american bar. o'donnell is an american citizen, and general pryor will defend him as an american citizen." a would-be wit in england replied, "he was selected because he was prior to all others—take notice—this is registered."
the new york times, november 8, 1883, reminds the public that "an english barrister would have no standing in an american court, except by a stretch of courtesy which would be rather violent. to give audience in court to a foreign counsel would be a great novelty in any country." 385 the london times commented on the matter and said, "it is probable that mr. pryor will be permitted to give the accused man all possible assistance short of taking a public part in the conduct of the case." chief justice coleridge, recently returned from this country, where he had been the recipient of many kindly courtesies, was at once interested, and took an early opportunity to consult leading english jurists regarding certain amendments in the form of procedure in the courts, the admission of foreign lawyers being one of the points discussed. a correspondent of the brooklyn eagle visited my husband in england and wrote to the paper:—
"i called on general pryor this morning. he is snugly housed at the craven hotel in craven street, hard by charing cross and within a minute's walk of the american exchange. i found him immersed in papers relating to the case, but with sufficient leisure to greet a fellow-countryman (and an old client en passant) with his customary courtesy.
"legally, the general has had a hard time of it here,—of which more anon,—but socially he has been the recipient of extraordinary marks of english favor. his romantic career as a soldier and as a lawyer is known to everybody, and invitations to club breakfasts and the dinner-tables of great men have poured in upon him. so far, he has accepted none of these, having been entirely preoccupied by the preparation of o'donnell's defence, which, as i understand from other sources, is largely general pryor's. originally it was understood that the trial should occur in october, but it has been postponed again and again, and the general's great regret is that he was not able to get back to vote.
"speaking to me on this subject to-day, a prominent 386member of the english bar said: 'my dear fellow, general pryor is not an exception to the rule. he is simply a prominent instance of its operation. you may not be aware that neither a scotch nor an irish barrister is allowed to plead in english courts. if we were to make any exception at all, it would certainly be made in favor of general pryor, who is known to and liked by us all.'
"'but,' i asked, 'how about his appearance in court as a matter of courtesy?'
"'there is no such thing possible, and not even the judge has power to extend it. the benchers of the inns are the authority, and even the objection of a single barrister would be fatal.'"
the english papers were, as a class, against his appearance. the st. james gazette had long articles on the subject, in one of which the question is thus settled:—
"the case of american counsel claiming audience in a criminal trial arousing passionate political interest in certain circles is admirably calculated to demonstrate the excellence of the rule which the irish-americans were anxious to have broken,—as they supposed in their interests. the only motive which o'donnell could have for wishing (if he does wish it) to be heard through foreign counsel would be that that counsel should say or do something which english counsel cannot say or do. for, however great general pryor's fame may be in his own country, we have no reason to suppose that he is gifted with eloquence or persuasive powers so remarkable that he might be relied upon to move the hearts of an old bailey jury impervious to the tried abilities of mr. charles russell and the earnest fluency of mr. a. m. sullivan. let us consider, then, what it is which these gentlemen could not do, and general 387pryor, if he got the chance, could do. the principal thing is that he could more or less defy the judge, and instigate the jury to override the law or take a wrong view of the evidence."
the gazette little knew the manner of man under discussion. "defy the law," indeed! he wrote me october 25:—
"as i have informed you, a rule of the bar excludes any but an english barrister from appearing professionally in the courts. i will not allow a motion to be made that i be heard in the case, for i do not choose to solicit a favor, nor to incur the hazard of a rebuff, nor to expose the american bar to the incivility which would be involved in rejecting such an application from one of its members. my presence, however, is not without good effect, nor have my services been unimportant. indeed, i may say to you that already i have rendered inestimable service to my client."
meanwhile sir charles russell, afterward lord chief justice of england, mr. sullivan and mr. guy, of the british bar, and roger a. pryor, of the american bar, worked faithfully, earnestly, and zealously, step by step, for the unfortunate prisoner. o'donnell was a poor, ignorant man, who could not write his own name. in this country he had been a teamster in the federal army during the civil war. for a long time his countryman who had come so far to help him was not allowed to see him. finally, this much was granted—and of great comfort to the doomed man were the sympathetic visits of my tender-hearted husband. his trial ended as everybody knew it must. 388 general pryor felt keenly the embarrassment of his position, but before he left england nearly every club was open to him, and many dinners given in his honor by lord russell, members of the bar, mr. justin mccarthy and other literary men in london.
"at the royal geographical dinner," he writes, "i sat beside lord houghton, and opposite lord aberdeen, with both of whom i had pleasant talk. other eminent men were there. invitations followed which i must decline, infinitely to my regret, but i cannot neglect the business on which i came. a dinner is offered me in dublin. last evening, however, i was glad to dine with charles russell, q.c., and sunday i drive with him to richmond. he pays me every possible attention, and i can see relies upon me in the conduct of the case. i live as retired as possible. my clients cannot suspect me of yielding to british blandishments! i have had interesting interviews with my poor client, in compliance with his urgent entreaty. he was very grateful to me and cheered by my presence."
he received marked kindness from dr. rae, the arctic explorer, who had made important discoveries in king william's land and found traces of sir john franklin; also in 1864 had made a telegraphic survey across the rocky mountains. dr. rae gave several delightful dinners to my husband, inviting him to meet huxley, sir john lubbock, and sundry notable chemists and inventors. "come to us saturday at half-past seven," he wrote from kensington, "a handsome [sic] should bring you in a little over half an hour if the beast is good." at dr. rae's he met mathilde blind, "a brilliant woman, a jewess; 389and justin mccarthy, a shy, silent man, spectacled and quite like a professor." dining at the café royal, "who should come in and sit opposite to us but the baroness burdett-coutts and her spouse. she is surprisingly juvenile in appearance—not at all as she has been represented. her voice is quite girlish, and she moves with wonderful agility," etc.
he also met miss shaw, who was conducting a bevy of american girls for a tour of european travel. some contretemps arose which made her grateful for his conduct and assistance. the particular young lady whom he had the honor of escorting and assisting was miss stanton. it suddenly occurred to him that this might be the daughter of his old enemy, edwin m. stanton. the young lady innocently answered his question affirmatively. she had been the identical baby girl that, eighteen years before, stanton had held in his arms as he declared, "pryor shall be hanged!" my general might have done several things: he might have left her alone in a london street to the mercy of ruffians; he might have used, in a dark corner, the tiny pistol he carried; he might have drowned her in the thames; he might have surprised her by increased devotion and care for her comfort. he chose the last, heaping coals of fire upon her unconscious head!
before he returned he visited places peculiarly interesting to him as a scholar, all of which he described to me charmingly. as far as in him lay he trod the paths, so sacred to him, once trod by the lumbering feet of the one englishman he adores 390above all others, dr. sam johnson: sitting at the desk where he wrote his dictionary and marvelling at the meanness of the desk, looking out of his windows, walking with him and with boswell along the familiar streets. he also stood on the spot where blackstone delivered his immortal lectures, and on the very spot where latimer and cranmer suffered,—the students at that moment playing near it a vigorous game of football,—all this, and much more, so natural in a scholar visiting for the first time the london of which he knew every spot haunted by the great spirits of the literary world.
after he returned home, he received a long letter from lord russell, telling him that he (russell) had been sharply criticised for the conduct of o'donnell's case, and accused of having managed it in a negligent and lukewarm manner. he wished his american colleague's candid opinion on the subject, and also requested his photograph, adding, "i am sending you mine."
general pryor answered him cordially and was glad he could say, "i consider that you defended o'donnell with the utmost zeal and enthusiasm, and with consummate skill!" it seems the queen's counsel was sensitive as well as able. he was afterwards made lord chief justice of england.
