Harper's New Monthly Magazine, No. VII, December 1850, Vol. IIVarious
General
Harper's New Monthly Magazine, No. VII, December 1850, Vol. II
Various
American literature -- Periodicals; Civilization -- Periodicals; Culture -- Periodicals
The next morning he was to be tried again on another indictment,
charging him with having set fire to the castle at Nottingham. The
counsel for the prosecution, influenced by motives of humanity, and
fully impressed with the prisoner's guilt on both charges, urged the
counsel for the prisoner to advise his client to plead guilty,
undertaking that his life should be spared, but observing at the same
time that his social position, which was superior to that of the other
prisoners, would make it impossible to extend the mercy of the Crown to
him unless he manifested a due sense of his offenses by foregoing the
chance of escape. "You know," said they, "how rarely an _alibi_ obtains
credit with a jury. You can have no other defense to-day than that of
yesterday. The castle is much nearer than Colwick Hall to the
manufactory, and a very short absence from his work on the part of the
prisoner might reconcile the evidence of all the witnesses, both for him
and against him; moreover, who ever heard of a successful _alibi_ twice
running?"
The counsel for the prisoner had his client taken into a room adjoining
the court, and having explained to him the extreme danger in which he
stood, informed him of the offer made by the prosecutors. The young man
evinced some emotion, and asked his counsel to advise what step he
should take. "The advice," he was answered, "must depend upon a fact
known to himself alone--his guilt or innocence. If guilty, his chance of
escape was so small, that it would be the last degree of rashness to
refuse the offer; if, on the other hand, he were innocent, his counsel,
putting himself in the place of the prisoner, would say, that no peril,
however imminent, would induce him to plead guilty." The prisoner was
further told, that in the course of a trial circumstances often arose at
the moment, unforeseen by all parties, which disclosed the truth; that
this consideration was in his favor, if he were innocent, but showed at
the same time that there were now chances of danger, if he were guilty,
the extent of which could not be calculated, nor even surmised. The
youth, with perfect self-possession, and unshaken firmness, replied, "I
am innocent, and will take my trial." He did so. Many painful hours wore
away, every moment diminishing the prisoner's chance of acquittal, until
it seemed utterly extinguished, when some trifling matter, which had
escaped the memory of the narrator, occurred, leading him to think it
was possible that another person, who must much resemble the prisoner,
had been mistaken for him. Inquiry was instantly made of the family,
whether they knew of any such resemblance; when it appeared that the
prisoner had a cousin so much like himself, that the two were frequently
accosted in the streets, the one for the other. The cousin had
absconded.
Public-domain text, read in full here on John Shaqi.
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