A Whim, and Its Consequences: Collection of British Authors Vol. CXIVJames, G. P. R. (George Payne Rainsford)
General
A Whim, and Its Consequences: Collection of British Authors Vol. CXIV
James, G. P. R. (George Payne Rainsford)
Fiction
long chain of circumstantial evidence, perfect and unbroken as this
seems to me to be, is more strong, more conclusive than even direct
evidence. In such cases, to suppose a fraud on the part of the
witnesses for the crown, is to imagine that an immense number of
persons are all combined in one common league to destroy another, and
that they have so well arranged their scheme that cross-examination
will not unravel it: whereas, in direct evidence, often afforded by
one or two witnesses only, a much greater opportunity is to be found
for successful falsehood if any motive for injuring a prisoner exists.
I do not ask a verdict at your hands. I am far from desiring one
against the prisoner at the bar. I pray Heaven that he may be able to
exculpate himself and quit that dock free from all suspicion. Even if
there be a reasonable doubt in your minds, you must give him the
advantage of it; but you will remember that it must be a reasonable
doubt. You must not say to yourselves, 'Perhaps he did not commit the
act, after all,' because no one saw him commit it; but if the chain of
evidence is clear and convincing, you must remember your oaths, your
duty to your country and your God; and, having consulted only
conscience, express by your verdict the conviction of your minds, as
you will answer for it at the dreadful day of judgment."
The learned gentleman sat down after having produced a terrible effect
upon the minds of the jury; but the judge, who was accustomed to such
speeches, and moreover hungry, interrupted the further proceedings by
inquiring, in the most commonplace tone in the world, if the evidence
for the prosecution could be got through that night. There seemed some
doubt upon the subject; and as it was now late; for the counsel had
spoken very slowly, his lordship suggested that it would be better to
take the evidence of one witness, and then adjourn to the following
day. The testimony given was of little importance, for it only went to
prove the identity of Chandos Winslow with John Acton--a fact which
there was no intention of denying; and after it had been heard the
court rose.
CHAPTER XXX.
There had been long and anxious consultations during the evening upon
the case of Chandos Winslow: first came the question whether the
objection to the indictment should be pressed; and it was ultimately
agreed that it should not be altogether abandoned, although the
leader seemed much more confident of making a good defence than his
junior. Then came the important question of cross-examination; and
Sir ----, with tact and delicacy, but in a very decided manner,
pointed out the course which he thought it would be necessary to
pursue, and the objects that he wanted to establish.
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