The evidence, he continued, consisted of a series of mere coincidences--
one or two of them, it might be, a little remarkable, but--coincidences.
The time had gone by in this country, he thanked Heaven, when men were
convicted on purely circumstantial evidence. As for the motive which
the prosecution had evolved, it was, he made bold to say, the veriest
mare's nest. Why, several of the most reliable witnesses had stated on
oath that there wae no ill-will between the two brothers, and that on
the whole they were on good terms. He wae not there to defend the
absent Durnford, since it was abundantly proved that with that
mysterious personage his client had nothing whatever to do, but he would
just remark that in the conflicting evidence in the matter of the hall
clock and the maid-servant's watch, it was merely oath against oath--and
that nothing was more confusing than differences in time. The witness
Grainger had utterly failed to identify the accused. Under the
prosecution's very bewildering cross-examination he had, it was true,
been afflicted with a temporary misgiving, but that was perfectly
natural under the circumstances. So against two rogues, and one honest
man, who could not be quite sure as to his statements, they had the
positive evidence of Dr Ingelow and Mr Turner against the identity.
That was to say, the two witnesses in this case to whom the accused had
always been best known. And all the side evidence made for his client.
"Gentlemen," he concluded, in his most impressive manner, "I now call
upon you honourably to acquit my client. Remember, with you rests the
most awful responsibility which can be laid upon the shoulders of mortal
men--the life or death of a fellow creature. You must either honourably
acquit him or doom him to an ignominious death. There is no middle
course--absolutely none."
"Good old phrase that," muttered the sporting junior, chuckling inwardly
over the scared look on the wooden faces of the twelve intelligent
Englishmen.
"--Therefore, I call upon you to record your true sentiments, the
sentiments of upright and true Englishmen, and to acquit with honour my
client, to restore a wronged but high-minded gentleman to his family--to
a fond wife, whose affliction during these terrible weeks I dare not
imagine--to that neighbourhood which is anxiously waiting to receive him
back with acclamation--to a long, benevolent, and useful life, which he
has already begun most signally to adorn.
"Gentlemen, I leave my client in your hands with perfect confidence as
to the result."
A few moments of silence, and then the Crown counsel, who had been, to
all outward appearance, intently studying his brief, rose.
Public-domain text, read in full here on John Shaqi.
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