Having regard to the conflict of the scientific testimony, and to the
evidence of Mr. Maybrick having acquired the habit of taking arsenic while
resident in America, it was generally expected that the prisoner would be
acquitted. The judge, however, evidently believing her guilty, summed up
strongly against her, and put the point to be decided in the following
form: The prosecution said that arsenic was the producing cause of the
gastro-enteritis which was the immediate cause of death; arsenic was found
in the body, and strong proof was given that arsenic was administered. The
terrible question was: By whose hand was it administered? The deceased
might have taken it himself, and if there was any reasonable doubt upon
that point it was the duty of the jury to acquit the prisoner; but if a
crime was committed, no other person but the prisoner was suggested as
having committed it.
The jury were so influenced by the remarks of the judge that, after a
retirement of a little over thirty minutes, they found the prisoner
"Guilty."
The feeling was very widely expressed that the prosecution had failed to
establish beyond all reasonable doubt that the deceased had died from
arsenic, and that arsenic had been given to him by the prisoner, and that,
therefore, she was entitled to the "benefit of the doubt," which the
judge's directions to the jury had not allowed to her.
It may be mentioned here that the judge himself, in the second edition of
his _Criminal Laws of England_, published in 1890, states that out of 979
cases tried before him up to September, 1889, "the case of Mrs. Maybrick
was the only case in which there could be any doubt about the facts."
In consequence of this feeling that a terrible mistake might have been
made, memorials for the respite of Mrs. Maybrick were signed by the
physicians of Liverpool, by members of Bars of Liverpool and London, and
by the citizens of Liverpool, in all of which stress was laid upon the
conflict of medical testimony. Memorials were also sent in from other
parts of the country, and in all 5,000 petitions, containing upwards of
half a million signatures, were received by the Home Secretary.
The feeling was too strong to be ignored, and the Home Secretary,
therefore, announced that he had advised the commutation of the death
penalty to one of penal servitude for life, on the ground that: "Inasmuch
as, although the evidence leads to the conclusion that the prisoner
administered and attempted to administer arsenic to her husband with
intent to murder him, yet it does not wholly exclude a reasonable doubt
whether his death was in fact caused by the administration of arsenic."
Public-domain text, read in full here on John Shaqi.
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