Australia -- Gold discoveries -- Fiction; Ballarat (Vic.) -- Fiction
'Having thus briefly, but he hoped clearly, presented to them the
overwhelming weight of evidence, amounting to one of the most convincing
_alibis_ ever proved before a court, he should pass on to the evidence
for the Crown. There was an absence of direct proof, but he hesitated
not to impugn the _bona fides_ of Sergeant Dayrell and Catharine
Lawless. He owned to regarding it with considerable suspicion. He
implored the jury, as they valued their oaths, to scrutinise this part
of the case most heedfully. What the motives of these witnesses might be
he was not prepared to assert, but as men of the world they would
probably form their own opinion. Catharine Lawless had admittedly been
on friendly, more than friendly terms with the accused, why had she so
completely turned round and given damaging evidence against him? In the
history of light o' loves of this nature were found fatal enmities, and
hardly less fatal friendships; was it not probable that jealousy, "cruel
as the grave," was the motive power in this otherwise inconsequential
action? Cool and high-couraged as this witness had shown herself, he
could not avoid noticing signs of discomposure which pointed to
unnatural feelings and untruthful statements. Was there then some
relentless vengeance in the background, the secret of which was known
only to the Lawless family and Sergeant Dayrell, to be wreaked upon this
unfortunate victim of treachery? He was betrayed alike in love and in
friendship, in business and in pleasure. This conspiracy, he could call
it by no lighter name, was no accidental affair, but a carefully
planned, cold-blooded, and deliberate crime. In all trials involving
criminal action it was the habit of eminent judges to direct juries to
examine carefully the probability or otherwise of the prisoner's
_motive_ for committing the offence charged against him. In this case no
motive could possibly be said to exist. Was it likely, as he had before
inquired of them, that a man with a fortune, a large fortune to his
credit in a bank, with a weekly income of most enviable magnitude,
increasing rather than diminishing, should lend himself to a paltry
theft, such as was alleged against him? It was as though the leading
country gentleman of a county in Britain should steal a donkey off a
common, if they would pardon him the vulgarity of the simile. Gentlemen
might smile, but was there anything to excite mirth in the haggard
features and melancholy mien of the unhappy young man whom they saw in
that dock? Let them imagine one of their own relatives placed in that
position by no fault of his own, and they could understand his feelings.
He would not for an instant urge them to act inconsistently with their
oath, but he implored them to avoid by their verdict that day the dread
and terrible responsibility of convicting an innocent man.'
CHAPTER XIII
Public-domain text, read in full here on John Shaqi.
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