Then he took the evidence for the defence. He drew a pathetic picture
of the prisoner suffering in silence to screen his sweetheart; of his
refusal at first to make any defence; of his determination to plead
guilty; and finally, his consent when he believed his sweetheart safe on
the Continent, solely because of his aged father’s grief at the
dishonour and the stigma that would attach to his sister’s good name.
He spoke for forty-six minutes, and concluded a clever and eloquent
defence with the following words:
"Gentlemen of the jury, were I not convinced myself of the innocence of
the prisoner at the bar, I could not stand before you and ask you for a
verdict that will place his own sweetheart in the position in which he
now stands. But my learned friend who represents the Crown, heard the
confession of Ruby Strode as it fell from her lips in the solicitors’
office only last night. Had he listened as I did to her ready answers
to every question asked—seen her evident sincerity and heard her
straightforward account of the whole transaction, he would, I feel
certain, never have allowed this case to go on. I only ask you for
justice for an innocent man, and I leave him in your hands, gentlemen,
confident that he will receive it."
There was a burst of applause as he sat down—instantly suppressed by the
ushers—and then the Judge summed up.
He reviewed the evidence very shortly, and pointed out to the jury that
it was for them to consider these statements and to say if they believed
the affidavit put up for the defence. If they believed this, then it
was their duty to acquit the prisoner. On the other hand, if they did
not believe the confession therein to be true, if they believed the
contention of the prosecution that it was made under the motive of
affection for the prisoner, then they must, on the evidence before them,
find the prisoner guilty.
On the point of law there was no difficulty. Fraud had been committed,
and it was for them to say if it had been committed by the prisoner or
not. He warned them against allowing their sympathies to interfere with
their judgment, but at the same time he must remind them that if any
uncertainty existed in their minds, they were bound to give the prisoner
the benefit of any such doubt.
CHAPTER XII.
MARRIAGE IS IMPOSSIBLE.
Directly the Judge had finished his summing-up, the jury rose and left
the Court to consider their verdict.
The general opinion was that they would not take much time before coming
to a decision, and so quite half the people remained in their places. A
subdued hum of conversation arose; women surreptitiously powdered their
faces, others fanned themselves. In the corridors outside barristers
discussed the case.
Public-domain text, read in full here on John Shaqi.
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