Dilemmas of Pride, (Vol 3 of 3)Loudon, Mrs. (Margracia)
General
Dilemmas of Pride, (Vol 3 of 3)
Loudon, Mrs. (Margracia)
Fiction
Much, he remarked, had been often and eloquently said respecting the
extreme fallibility of circumstantial evidence; but where all the
circumstances agreed, such might, in his opinion, be even more
conclusive than positive testimony: for, in the one case, we deduced the
fact from known facts, and therefore knew it as it were of our own
knowledge; while in the other case, we staked our belief on the veracity
of a witness or witnesses, which, though generally believed to be
credible, might by possibility be otherwise. In the present instance, he
was sorry to say, that the painful duty of his office compelled him to
point out to their attention, that the chain of circumstantial evidence
seemed more than commonly strong and connected, while every link was
supported by the testimony of a host of, at least credible, and in many
instances more than credible, since they were unwilling witnesses:
still, it was for them to decide whether all the circumstances did
agree, and whether the evidence in support of each circumstance was
undoubted; for, if they felt a doubt, it was their duty to give the
prisoner the benefit of that doubt. It was unfortunately a case so
ultimately connected with the most powerful and agitating feelings, that
it was difficult in the extreme to confine the attention to the naked
force of evidence. He again, therefore, entreated those on whom the
ultimate responsibility of the verdict rested, to lay aside their
feelings, and use only their judgments.
His own feelings were, he confessed, powerfully interested by the
defence of the prisoner; yet, he felt it there again his painful duty,
to point out that there was neither circumstance nor fact, brought
forward in the whole of that defence, based on any evidence whatever;
that all rested on the unsupported assertions of the accused party. That
the plea attempted to be set up, of Sir Willoughby's insanity, was not
only unsustained by evidence, but that the very contrary had been
proved, on the testimony of those most intimately acquainted and closely
connected with the deceased. While there was at least negative proof,
that even the prisoner had never expressed such an opinion, till after
it became necessary to meet the accusation against himself. And lastly,
that the prosperous and peculiarly happy circumstances, in which the
late Sir Willoughby Arden was placed at the time of his sudden demise,
made it wholly incredible, that, being in possession of his reason, he
should of his own will, have taken the poison. It had been proved in
evidence, that Sir Willoughby had been in perfect health, at and for
some time after dinner--that he had supped in company with the prisoner
only--that the remains of arsenic had been found in one of the
glasses--that Sir Willoughby had died immediately after supper--that his
death had been occasioned by arsenic--that the prisoner had attempted to
rinse the glass in which the remains of arsenic were afterwards
Public-domain text, read in full here on John Shaqi.
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