Australia -- Gold discoveries -- Fiction; Ballarat (Vic.) -- Fiction
Then the judge, with a final glance at his notes, commenced to sum up on
the evidence. He stood singular among his fellow-jurists for plain and
unostentatious demeanour, both on and off the bench. In the matter of
outward attire he could not be accused of extravagance. A studied
plainness of habit distinguished him on all occasions. Careless,
moreover, as to the fit of his garments as of their colour or quality.
As a lawyer he was proverbially keen, clear-headed, and deeply read; but
he wasted no time upon his judgments, and never was known to 'improve
the occasion' by the stern or pathetic harangues in which his
fellow-judges, for the most part, enclosed their decisions--the wrapper
of the pill, so to speak. So rapid and decisive were his Honour's
findings that some of them had passed into household words. When he
arose from his seat, and after taking a short walk along the judicial
dais, as if in mental conflict, resumed his position, the spectators
knew that they would not have long to wait. '"Very honest man rides a
stolen horse," would have been the gist of my charge, gentlemen of the
jury,' he said; 'but this truly strange and complicated case demands the
closest examination. The evidence presents exceptional features. On one
side you have a young man of good character and means. His pecuniary
circumstances should have removed all temptation to commit the offence
charged. In a spirit of recklessness he associates with the Lawless
family. About their character--with the sole exception of Esther
Lawless--the less said the better. He buys from Edward Lawless a horse
proved to have been stolen--many an honest man during the turmoil of the
gold period has done the same. He has occasionally gambled for large
sums, which is highly imprudent, but not felony, in the eyes of the law.
The evidence for the defence proves fully--if believed--that he did not
leave Growlers' Gully for Balooka until the 19th of September--competent
witnesses swear positively to this fact. If you believe them, the case
is at an end. On the other hand, as many swear to his having been seen
at Balooka long before the day referred to, and also at Eumeralla, the
old home of the Lawlesses, some of these witnesses must be in error, as
the prisoner manifestly could not have been in two places at once.
Catharine Lawless had evidently an animus _spretae injuria formae_, he
felt inclined to say, which might be freely translated into a lover's
quarrel of some sort. As men of the world, the jury would largely
discount her evidence. A still more remarkable feature of this truly
remarkable case was that Esther Lawless--whose conscientious scruples
did her honour--testified also to having seen the prisoner at Eumeralla
in association with Edward Lawless. They had heard John Polwarth's
evidence, and his wife's, regarding a shipmate curiously like Trevanion.
Such similarities, though rare, were not unknown. There was a
possibility of mistaken identity. These points, as well as the
Public-domain text, read in full here on John Shaqi.
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