“I may say this, however: supposing you find a man dying of arsenic, _and it is proved_ that a person put arsenic in his plate, and if he gives an explanation which you do not consider satisfactory--that is a very strong question to be considered--how far it goes, what its logical value is, I am not prepared to say--I could not say, and unless I had to write my verdict I should not say how I should deal with the verdict; but being no juryman, but only a judge, I can only say this, it is a matter for your serious consideration.” It is submitted that this was a _gross misdirection_ and _a cruel taunt_ to _drive the jury into finding a verdict_ against the prisoner upon that ground, _and it is submitted that so monstrously unfair an utterance can not be found in the reports of any summing-up by any judge in any criminal case_. See also another _misdirection_ where the judge read the examination of Nurse Gore and omitted reference to the sample, but said of the bottle, “In point of fact, _it remained where it was_ until taken away by Mr. Michael Maybrick,” when it is in evidence that Nurse Callery had taken a sample of it during the eighteen hours it remained on the washstand, and that others beside Mrs. Maybrick had access to it. It is submitted that, apart from the question of the identity of the bottle, there was no evidence, except Mrs. Maybrick’s statement, that she had put anything into the bottle, which justified Mr. Justice Stephen in using the words, “He had a small taste of it _before_ it was poisoned,” inasmuch as, except Mrs. Maybrick’s own voluntary statement that she had put a powder into a bottle of meat juice, there was nothing to show that the arsenic, detected by Mr. Davies in the bottle he analyzed, had not been in the bottle when Edwin Maybrick gave it to Nurse Gore and which she opened when she gave the patient “one or two spoonfuls.” Another _misdirection_ in reference to the meat-juice incident will be found in the summing-up in the words: “It has a sort of very remote bearing upon the statement which she made on Monday.” Instead of “a sort of very remote bearing,” it was a _matter of the greatest importance_ that it should be shown that _at the very instant_ she heard that arsenic had been found in some meat juice, before even the inquest, _and before any arsenic had been found in the body_, she should have attempted to tell Mrs. Briggs that she had put a powder into some meat juice, but did not know what it was; and, in connection with this, the attention of counsel is called to the fact that Mr. Justice Stephen _refused to allow evidence showing that she had made this statement from the very first_. MISDIRECTIONS REGARDING THE MEDICAL TESTIMONY