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
It is hardly credible, though doubtless true, that a family of
respectable station could have been unaware of the importance of such a
fact, or that the prisoner, who appeared not deficient in intelligence,
and who was assuredly in full possession of his faculties, could be
insensible to its value. That either he or they could have placed such
reliance on his defense as to induce them to screen his guilty relative,
is to the last degree improbable, especially as the cousin had escaped.
Witnesses, however, were quickly produced, who verified the resemblance
between the two, and the counsel for the prosecution abandoned their
case, expressing their belief that their witnesses had given their
evidence under a mistake of identity.
The narrator added, that an _alibi_ stood a less chance of favorable
reception at Nottingham than elsewhere, although in every place received
with great jealousy. In one of the trials arising out of the outrages
committed by the Luddites, who broke into manufactories and destroyed
all lace frames of a construction which they thought oppressive to
working men, an _alibi_, he said, had been concocted, which was
successful in saving the life of a man notoriously guilty, and which had
therefore added to the disrepute of this species of defense. The
hypothesis was, that the prisoner, at the time when the crime was
committed, at Loughborough, sixteen miles from Nottingham, was engaged
at a supper party at the latter place; and the prisoner, having the
sympathy of a large class in his favor, whose battle he had been
fighting, no difficulty was experienced by his friends in finding
witnesses willing to support this hypothesis on their oaths; but it
would have been a rash measure to have called them into the box
unprepared. And when it is considered how readily a preconcerted story
might have been destroyed by cross-examination, the task of preparing
the witnesses so as to elude this test, was one requiring no ordinary
care and skill. The danger would arise thus: Every witness would be kept
out of court, except the one in the box. He would be asked where he sat
at the supper? where the prisoner sat, and each of the other guests;
what were the dishes, what was the course of conversation, and so
forth--the questions being capable of multiplication _ad infinitum_; so
that, however well tutored, the witnesses would inevitably contradict
each other upon some matters, on which the tutor had not foreseen that
the witness would be cross-examined, or to which he had forgotten the
answer prescribed. The difficulty was, however, surmounted. After the
prisoner's apprehension, the selected witnesses were invited to a
mackerel supper, which took place at an hour corresponding to that at
which the crime was committed; and so careful was the ingenious agent
who devised this conspiracy against the truth that, guided by a sure
instinct, he fixed upon the same day of the week as that on which the
Public-domain text, read in full here on John Shaqi.
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