In another case, a man who was suspected of a murder was found to have red
stains on his shirt and collar, but as these would not dissolve in water
they could not have been due to blood. Subsequently it was found that they
had been caused by the man going out in the wet with a red handkerchief
round his neck.
An early example of the way in which the evidence of an unskilled witness
has been accepted upon the subject of blood is seen in the evidence given
in 1682 at the trial of Thompson, Pain and Farwell for libel.
The libel arose out of the earlier trial in 1679 of Robert Green and
others for the murder of Sir Edmund Godfrey, who had been waylaid and
apparently strangled. This trial was one of those arising out of the
so-called Popish Plot, and upon the evidence of Titus Oates, Miles Praunce
and others the prisoners were convicted and executed.
Subsequently a letter to Mr. Praunce appeared in _The Loyal Protestant
Intelligence_, which sought to make out that false evidence had been given
at the murder trial, and that Sir Edmund Godfrey had not been strangled
at all, but had committed suicide.
In the words of the prosecuting counsel for the prisoners--"they say that
if a man or any other creature be strangled or hanged and the body cold
and the blood settled in the veins (as he must be if your evidence be
true, meaning the evidence of the said Miles Praunce). Run twenty swords
through such a body not one drop of blood will come out; but, on the
contrary, his body when found was full of blood. So that they do aver that
that wound that he received by that sword must be the cause of death."
William Batson, who was one of the principal witnesses for the
prosecution, stated: "They showed me in a ditch where they said he lay
some blood. I cannot say it was his blood; and going a little further I
saw some more whitish blood, and this is all I can swear."
The Lord Chief Justice (Scroggs) then asked if the weather had been
frosty, to which the witness replied: "My lord, I cannot tell whether it
was, but I will assure you the blood looked to me more like blood that was
laid there than anything else."
After a lengthy trial, in which the main evidence of the former trial,
which was quite unconvincing, was repeated, the prisoners were found
guilty of traducing the justice of the nation and two of them were
sentenced to stand for an hour in the pillory and pay a fine of £100 each,
while the third escaped with the fine only.
Where stains have been found upon the clothes or on a weapon in possession
of an accused person and have been proved to consist of blood, the defence
has frequently been set up that they were caused by the blood from a
sheep that had been killed or from handling game.
Public-domain text, read in full here on John Shaqi.
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