There must be no speculation upon a man's guilt. A man is regarded as
innocent so long as it is impossible to connect to him the last link in a
long chain of circumstantial evidence.
In the brief accounts of various celebrated trials in the following pages
an attempt has been made to give an outline of the scientific
circumstantial evidence that has led to the conviction or acquittal of the
prisoners. In some of these trials proof of guilt has been overwhelming,
although the testimony of an eye-witness has been lacking, but in others
the Scotch verdict of "Not proven" (a curious equivalent of which,
however, was once given in the trial of Mrs. Rudd) would be a more fitting
deduction from the evidence, than the alternative of "Guilty" or "Not
guilty," which is all that is allowed by the English law.
A good illustration of the value of scientific proof was seen, in 1884, at
the trial of a woman named Gibbons on the charge of having shot her
husband.
For the defence it was urged that the man had committed suicide. There
were four bullet wounds from a revolver in the body, and the medical
evidence went to prove that although any one of the wounds might have been
inflicted by the man himself, it was extremely improbable that all of them
had been. Moreover, some of them were in such a position that they could
only have been self-inflicted if the revolver had been held in the left
hand, whereas witnesses testified that the deceased was not left-handed.
The prisoner was found guilty.
Attempts have frequently been made by defending counsel to obtain
permission for a scientific man to be present on behalf of a prisoner at
any examination made before a trial, but all such requests are invariably
refused.
It is quite a common occurrence, however, for the evidence given by
scientific witnesses for the prosecution to be controverted by scientific
witnesses for the defence, and the most recent instance of the kind at the
trial of Crippen will be fresh in the memory of everyone. Where there is
any possibility of doubt it should be possible for every prisoner to
obtain scientific assistance.
An accused person who lacks the means to procure legal assistance in his
defence has assigned to him by the Court a barrister who will represent
his interests and see that they do not suffer from ignorance of legal
technicalities.
This principle might well be extended so as to cover the ground of
scientific evidence. Under the present conditions the prosecution has
unlimited facilities for applying every description of test, but it has
not always been easy for the representatives of the accused person to
obtain scientific help in criticising the nature of this evidence.
Scientific evidence should be, and usually is, quite impartial, but the
everyday conflict of honest opinion in civil actions illustrates the
possibility of mistakes occurring or of certain points that would tell in
favour of the accused being overlooked.
Public-domain text, read in full here on John Shaqi.
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