wherewith to measure the truth of the matter. The first of these is the
accepted probability of the action of an individual under any given set
of circumstances, as drawn from our common knowledge of human nature;
and the second, the behaviour and tone of the witness, both in the box
and in the course of circumstances that led to her appearance there. I
will take the last of those two first, and I may as well state, without
further delay, that I am convinced of the truth of the story told by
Miss Smithers. It would to my mind be impossible for any man, whose
intelligence had been trained by years of experience in this and other
courts, and whose daily duty it is to discriminate as to the
credibility of testimony, to disbelieve the history so circumstantially
detailed in the box by Miss Smithers (Sensation). I watched her
demeanour both under examination and cross-examination very closely
indeed, and I am convinced that she was telling the absolute truth so
far as she knew it.
“And now to come to the second point. It has been suggested, as
throwing doubt upon Miss Smithers’ story, that the existence of an
engagement to marry, between her and the plaintiff, may have prompted
her to concoct a monstrous fraud for his benefit; and this is suggested
although at the time of the execution of the tattooing no such
engagement did, as a matter of fact, exist, or was within measurable
distance of the parties. It did not exist, said the Attorney-General;
but the disposing mind existed: in other words, that she was then ‘in
love’—if, notwithstanding Mr. Attorney’s difficulty in defining it, I
may use the term with the plaintiff. This may or may not have been the
case. There are some things which it is quite beyond the power of any
Judge or Jury to decide, and one of them certainly is—at what exact
period of her acquaintance with a future husband a young lady’s regard
turns into a warmer feeling? But supposing that the Attorney-General is
right, and that although she at that moment clearly had no prospect of
marrying him, since she had left England to seek her fortune at the
Antipodes, the plaintiff was looked upon by this lady with that kind of
regard which is supposed to precede the matrimonial contract, the
circumstance, in my mind, tells rather in his favour than against him.
For in passing I may remark that this young lady has done a thing which
is, in its way, little short of heroic; the more so because it has a
ludicrous side. She has submitted to an operation which must not only
have been painful, but which is and always will be a blot upon her
beauty. I am inclined to agree with the Attorney-General when he says
that she did not make the sacrifice without a motive, which may have
sprung from a keen sense of justice, and of gratitude to the plaintiff
for his interference on her behalf, or from a warmer feeling. In either
case there is nothing discreditable about it—rather the reverse, in
Public-domain text, read in full here on John Shaqi.
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