"But here," said my lord, "the chain is no longer perfect. A knife,
taken from the 'Swan,' was found under the garden wall, and the first
traces of blood commenced there, and continued to the stable, and were
abundant on the straw and on the person of the accused. This was
proved by the constable and others. No money was found on him, and no
keys that could have opened any outer doors of the 'Swan' Inn. The
accused had, however, three years before been guilty of a theft from a
gentleman in the inn, which negatives his pretence that he always
confined himself to the stables. It did not, however, appear that on
the occasion of the theft he had unlocked any doors, or possessed the
means. The witness for the Crown, Barbara Lamb, was clear on that.
"The prisoner's own solution of the mystery was not very credible. He
said he had a double--or a person wearing his clothes and appearance;
and he had seen this person prowling about long before the murder, and
had spoken of the double to one Pott. Pott deposed that Cox had spoken
of this double more than once; but admitted he never saw the double
with his own eyes.
"This double, says the accused, on the fatal night let himself out of
the 'Swan' Inn and escaped to the garden wall. There he (Cox) came up
with this mysterious person, and a scuffle ensued in which a bag was
dropped and gave the sound of coin; and then Cox held the man and cried
'Thieves!' but presently received a wound and fainted, and on
recovering himself, staggered to the stables and drank a pint of brandy.
"The story sounds ridiculous, and there is no direct evidence to back
it; but there is a circumstance that lends some color to it. There was
one blood-stained instrument, and no more, found on the premises, and
that knife answers to the description given by the dying man, and,
indeed, may be taken to be the very knife missing from his room; and
this knife was found under the garden wall, and there the blood
commenced and was traced to the stable.
"Here," said my lord, "to my mind, lies the defence. Look at the case
on all sides, gentlemen: an undoubted murder done by hands; no
suspicion resting on any known person but the prisoner--a man who had
already robbed in the inn; a confident recognition by one whose
deposition is legal evidence, but evidence we cannot cross-examine; and
a recognition by moonlight only and in the heat of a struggle.
Public-domain text, read in full here on John Shaqi.
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