Adelia waited for one of them to explain, but when they didn’t, she said, “I’m sure my brother will be pleased with whatever defense you have come up with, sir. What is this M…M…?”
“The McNaughten rule,” Mr. Jaggers finished for her, “was created after the brilliant defense of Mr. Daniel McNaughten by my own mentor, Sir Alexander Cockburn. Small man with a large head. Cockburn, that is, not McNaughten. Also, currently our Attorney General.
“Cockburn?” she asked. “Not McNaughten?”
The barrister narrowed his eyes at her, apparently considering whether she was making sport of him. Adelia decided to keep quiet if she was ever to hear the explanation for this rule he mentioned.
Mr. Jaggers cleared his throat. “In 1843, McNaughten was charged with the cold-blooded murder of Edward Drummond, the prime minister’s secretary, which was entirely a mistake.”
“He didn’t do it?” she asked.
“Of course, he did it. People saw him,” the barrister insisted. “Luckily, a constable was on hand to prevent him from doing further harm.”
“How can one do more harm to someone than murder?” she asked.
“The victim didn’t die on the spot. In fact, he walked back to his office, only to die days later, probably due to the terrible care of his physicians, Mr. Guthrie and Mr. Bransby Cooper.” Mr. Jaggers waved his arms around, making his sleeves fly. “It is they who should have been charged with murder if you ask me.”
She frowned. “Are you saying because the man didn’t die right away, Mr. McNaughten was acquitted?”
“That is absolutelynotgrounds for acquittal,” Mr. Jaggers practically scolded her as if she were a student of law. “In any case, McNaughten meant to shoot Prime Minister Peel, thus clearly the murder was a mistake,” the barrister explained.
Adelia hated to admit it, but his words were no clearer than mud. “So, this Mr. McNaughten was found innocent because he shot the wrong man?”
Both lawyers started to laugh, which she thought extremely rude. Mr. Brassel was the first to catch his breath. “No, my lady, he was not found innocent exactly.”
“But I understood we were using thisbrilliantdefense to get my brother out of Newgate.”
“Yes, dear lady,” Jaggers proclaimed. “My mentor managed to get McNaughten acquitted, just as I shall your brother. He shall be deemed guilty but insane.”
“What?” she exclaimed. “But Thomas is not insane!”
“How else can we explain or defend his strangling that young lady?” Mr. Jaggers asked, waving his arms around again.
She rose to her feet in protest. “He did not strangle her. He is innocent.”
Mr. Brassel rose to his feet as well. After a long sigh, he added, “The verdict is sometimes stated as innocent by reason of insanity, so not truly guilty at all.”
“But insane even so!” she protested. “And then what?”
Mr. Brassel grimaced, but it was Mr. Jaggers who answered with a tone of triumph. “Just as with McNaughten, your brother will be transferred from Newgate to the State Criminal Lunatic Asylum at Bethlem Hospital.”
She felt faint and couldn’t seem to take a deep breath. When the barrister’s office began to spin, she sat down again quickly, leaning her head back and closing her eyes.
Immediately, Mr. Brassel took her hand and began patting it, while Mr. Jaggers waved his notepad to create a breeze upon her.
After a few minutes, she felt a little revived and more determined than ever to solve the entire matter herself.
“I knew her ladyship would not like this notion,” Mr. Brassel said, his tone morose. The solicitor obviously knew the grave ramifications of being declared insane.
“No,” she said. “I do not like it at all. Even if acquitted, Thomas’s life shall be ruined.”
“Dear lady,” the barrister interjected, “at least he will have a life.”
Dread raced through her. If she agreed on this course of action, not that Mr. Jaggers seemed to be asking for her approval, she knew Thomas would not accept it. If he were in the court when the barrister began such a defense, she had no doubt her brother would speak against him.
“How will you prove him insane?” Mr. Brassel wondered aloud.
“As you know, the McNaughten rule says I must clearly prove the earl was laboring under a defect of reason from a diseased mind at the time of the murder. I think any man in the court, magistrate included, will look at Lord Smythe with his title, his townhouse, his fortune, his mining company, and whatnot, and declare he must have been insane to murder the girl with no possible gain.” He rubbed his hands together.
