The effect of this simple, natural, and perfectly consistent action was
tremendous! In the various triumphs of Arthur's successful career, he
felt that he had never achieved as universal and instantaneous
popularity. Gabriel was forgotten; the man who had worked up this
sensation--a sensation whose darkly mysterious bearing upon the case no
one could fathom, or even fared to fathom, but a sensation that each man
confidently believed held the whole secret of the crime--this man was
the hero! Had it been suggested, the jury would have instantly given a
verdict for this hero's client without leaving their seats. The betting
was two to one on Arthur. I beg to observe that I am writing of men,
impulsive, natural, and unfettered in expression and action by any
tradition of logic or artificial law--a class of beings much idealised
by poets, and occasionally, I believe, exalted by latter-day
philosophers.
Judge Boompointer looked at Colonel Starbottle. That gentleman,
completely stunned and mystified by the conduct of the defence, fumbled
his papers, coughed, expanded his chest, rose, and began the
cross-examination.
"You have said your name was--er--er--Johnny--er--er--(the Colonel was
here obliged to consult his papers)--er--John Dumbledee. What was your
idea, Mr. Dumbledee, in--er--assuming the name of--er--er--Gabriel
Conroy?"
Objected to by counsel for defence. Argument:--Firstly, motives, like
beliefs, not admissible; case cited, Higginbottom _v._ Smithers.
Secondly, not called out on Direct Ex.; see Swinke _v._ Swanke, opinion
of Muggins, J., 2 Cal. Rep. Thirdly, witness not obliged to answer
questions tending to self-crimination. Objection overruled by the Court.
Precedent not cited; real motive, Curiosity. Boompointer, J. Question
repeated:--
"What was your idea or motive in assuming the name of Gabriel Conroy?"
Gabriel (cunningly, and leaning confidentially over the arm of his
chair): "Wot would be _your_ idee of a motif?"
The witness, amidst much laughter, was here severely instructed by the
Court that the asking of questions was not the function of a witness.
The witness must answer.
Gabriel: "Well, Gabriel Conroy was a purty name--the name of a man ez I
onst knew ez died in Starvation Camp. It kinder came easy, ez a sort o'
interduckshun, don't ye see, Jedge, toe his sister Grace, ez was my
wife. I kinder reckon, between you and me, ez thet name sorter helped
the courtin' along--she bein' a shy critter, outer her own fammerly."
Question: "In your early acquaintance with the deceased, were you not
known to him as Gabriel Conroy always, and not as--er--er--Johnny
Dumbledee?"
Arthur Poinsett here begged to call the attention of the Court to the
fact that it had not yet been shown that Gabriel--that is Johnny
Dumbledee--has ever had any _early_ acquaintance with the deceased. The
Court would not fail to observe that counsel on the direct examination
had restricted themselves to a simple question--the name of the
prisoner.
Public-domain text, read in full here on John Shaqi.
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