Graham's Magazine, Vol. XVIII, No. 5, May 1841Various
General
Graham's Magazine, Vol. XVIII, No. 5, May 1841
Various
Literature -- Periodicals; Literature, Modern -- 19th century -- Periodicals
Never shall I forget the impression made by this rejoinder. Few men of
his day possessed so much eloquence, and on the present occasion it was
exerted to the utmost. Skilfully availing himself of the course of
argument adopted by the attorney general, he drew in the darkest colors,
the unnatural conduct of Mr. Howard to his daughter, and her subsequent
destitution owing thereto, and then, by one of those bursts of passion
for which he was remarkable, picturing her as she now sat, almost
heart-broken, by her husband’s side, he succeeded in awakening the
deepest pity in his audience toward the accused. Then, by a sudden
transition, he seized upon the testimony of the last witness of the
prosecution, and in a few rapid, lightning-like sentences, tore it into
shreds. “Yes! gentlemen of the jury,” continued my impassioned
colleague, “there is no evidence whatever to criminate the defendant.
The grand error of all prosecutions is in thinking a certain man guilty,
and then proceeding to account for his conduct. But you must proceed in
a manner directly the reverse of this. You must start with the murder
and trace up, from that point, the perpetrator. Take the present case,
dismiss the idea that Stanhope is the murderer—start afresh on the
search after the guilty man—follow up the fugitives to the moment when
these other footsteps are met with, and then before God and your own
consciences, is there any proof—I repeat it, is there any _proof_, that
James Stanhope left the path, or even whether any man left it? You
start. But here is the gist of the argument. Here is the broken link in
the chain of testimony against us. Unless you are satisfied that some
one of the robbers _did_ leave the gang, you must acquit the prisoner.
Might not the unfortunate man at the bar have been, as he says, on the
spot when these men passed? The finding of the purse on the prisoner
proves nothing, for might he not have obtained it in alms? Would not the
murderer, indeed, gladly rid himself of this tell-tale, in order to
divert suspicion from himself? The character, the relationship, the
honor, the common sense of my client forbid the supposition that he
would commit so frightful a crime, and yet instantly seek his home,
although the ground was covered with snow, and he knew that detection,
under such circumstances would be inevitable. Gentlemen, it could not
be. On your oaths you will say it could not be. And as you value a
fellow creature’s life, as you value your eternal peace, I conjure you
to remember that the least doubt must acquit the prisoner. Convict
him—and you destroy an innocent man. Acquit him—and you give peace to
a broken-hearted wife. If you condemn him, oh! what will be your pangs
of remorse when the real criminal is detected. I leave you to your God
and yourselves. I implore heaven to guide you aright.”
Public-domain text, read in full here on John Shaqi.
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