“The terrible miscarriage of justice which occurred a year ago in
this court, for which I alone can accept responsibility, for which to
this present hour I have not ceased to mourn, would not have taken
place had the defence been in a position to present its testimony,
and to marshal its facts with a skill equal to that enjoyed by the
prosecution. The most material issue in the case was never presented
at all. Its existence was not even revealed. Neither the prosecuting
counsel nor the presiding judge was aware that the defence had this
implement in its possession until long after this miscarriage had
been consummated. Do not misunderstand me, gentlemen; I hold no
brief for myself; I accept the whole of the responsibility for what
took place. It was my duty to unveil that which was hidden, and to
present it adequately to the jury. I failed in that duty, because from
the beginning of the case the defence was overshadowed. The actual
murderer himself was called in evidence by the Crown; it was upon his
unshaken testimony that the verdict was rendered; but as was only
learned when too late, had one obscure question been pressed home in
cross-examination to this murderer who had perjured himself to conceal
his guilt, his testimony could not have lived five minutes in any
impartial mind, and a lamentable, a grievous miscarriage of justice
would not have stained the annals of this English justice of which very
rightly and properly we are so proud.”
Again a profound silence had descended upon the court. The painful and
close-breathing intensity with which all in that crowded assembly had
followed the prisoner’s advocate through the devious courses of his
address was now extended to the judge. There was nothing in the words
he used to call forth this hush of excited expectation, but the emotion
with which they were invested seemed to furnish them with life and
magnetism.
“All his life,” whispered the fat barrister to his friend, in a tone
of curious tenderness, “he has been a blusterer and a blunderer,
overanxious, pedantic, weak-willed, easily led, but--but his end is
glorious. This is a note he has never touched before.”
“This state defence of prisoners is so much mischievous nonsense,”
said the other almost angrily. “Where does he suppose it will land
the country? A judge has no right to advance such an opinion from the
bench.”
“Bill,” said the fat barrister, with a solemnity for which none of
his friends would have been prepared, “when you have been one of
His Majesty’s judges for twenty-five years you may not hold quite
such definite opinions. Dear old Bow-wow; all the world knows that
underneath his armor he has kept the kindest heart that ever beat, but
this is the first time he has made me feel that I wanted to blub.”
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account