Mrs. Maybrick's Own Story: My Fifteen Lost YearsMaybrick, Florence Elizabeth
History
Mrs. Maybrick's Own Story: My Fifteen Lost Years
Maybrick, Florence Elizabeth
Maybrick, Florence Elizabeth, 1862-1941; Trials (Murder) -- England; Women prisoners -- England
Mr. Justice Stephen then proceeded: “Now, let us see what the doctors
say. Some say death was caused by arsenic, and others that it was not
by arsenic--that he died of gastro-enteritis”; and he spoke of the
medical evidence in a way which amounted to a direction to the jury
that they were to treat it as _tainted with subtle partisanship_, and
as evidence to which it was not necessary for them to attach _serious
importance_. He, in fact, stated, and in so doing _misdirected_ the
jury, that though it was essential to a verdict unfavorable to the
prisoner that he died of arsenic, that question was one which they,
the jury, could come to _their own opinion about, without taking into
consideration the opinion of the medical experts, who had positively
stated that arsenic was not the cause of death_. In other words, he
directed the jury that, as the medical experts could not agree that
the cause of death was arsenical poisoning, it was for them to decide
that question from their own “_knowledge of human nature_.”
On the second day of the summing-up the judge told the jury (and
it is submitted that it contains _gross misdirections_): “You must
consider the case as _a mere medical case_, in which you are to decide
whether the man did or did not die of arsenic according to the medical
evidence. You must not consider it as _a mere chemical case_, in which
you decide whether the man died from arsenic which was discovered as
the result of a chemical analysis. You must decide it as _a great,
high, and important case_, involving in itself not only medical and
chemical questions, but embodying in itself _a most highly important
moral question_--and by that term, moral question, I do not mean a
question of what is right and wrong in a moral point of view, but
questions in which human nature enters and in which _you must rely on
your knowledge of human nature_ in determining the resolution you
arrive at.
Public-domain text, read in full here on John Shaqi.
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