Australia -- Fiction; England -- Fiction; Gold mines and mining -- Fiction
Early on the third day Judge Bramber began his charge, and in doing so
he told the jury that it would occupy him about three hours. And in
exactly three hours' time he had completed his task. In summing up the
case he certainly was not 'flabby';--so little so, that he left no doubt
on the minds of any who heard him of the verdict at which he had himself
arrived. He went through the evidence of the four chief witnesses very
carefully, and then said that the antecedents of these people, or even
their guilt, if they had been guilty, had nothing to do with the case
except in so far as it might affect the opinion of the jury as to their
veracity. They had been called conspirators. Even though they had
conspired to raise money by threats, than which nothing could be more
abominable,--even though by doing so they should have subjected
themselves to criminal proceedings, and to many penalties,--that would
not lessen the criminality of the accused if such a marriage as that
described had in truth taken place. 'This,' said the judge, 'is so much
a matter of course that I should not insist upon it had it not been
implied that the testimony of these four persons is worth nothing
because they are conspirators. It is for you to judge what their
testimony is worth, and it is for you to remember that they are four
distinct witnesses, all swearing to the same thing.' Then he went into
the question of the money. There could be no doubt that the four persons
had come to England with the purpose of getting money out of the
accused, and that they had succeeded. With their mode of doing
this,--whether criminal or innocent,--the jury had nothing to do, except
as it affected their credit. But they were bound to look to Caldigate's
motive in paying so large a sum. It had been shown that he did not owe
them a shilling, and that when the application for money reached him
from Australia he had refused to give them a shilling. Then, when they
had arrived here in England, accusation was made; and when they had
offered to desert the case if paid the money, then the money was paid.
The prisoner, when paying it, had no doubt intimated to those who
received it that he made no bargain with them as to their going away.
And he had taken a friend with him who had given his evidence in court,
and this friend had manifestly been taken to show that the money was not
secretly paid. The jury would give the prisoner the benefit of all
that,--if there was benefit to be derived from it. But they were bound
to remember, in coming to their verdict, that a very large sum of money
had been paid to the witnesses by the prisoner, which money certainly
was not due to them.
Public-domain text, read in full here on John Shaqi.
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