State Trials, Political and Social. Volume 2 (of 2)
History
State Trials, Political and Social. Volume 2 (of 2)
Trials -- Great Britain
He then goes on to point out that there is no positive evidence against
him, but only suppositions and inferences--what to-day would be called
circumstantial evidence; and that even admitting the evidence of the
prosecution, it is as strong to show that the deceased woman was not
murdered as that she was. Even if the evidence proved that Mrs. Stout
was murdered, there was nothing to show that he or his fellow-prisoners
were guilty of the murder. The body was not floating when it was found,
as could be shown by the parish officers who were employed by the
coroner to take it out of the water. It in fact had sunk, and had then
been carried by the force of the stream sideways up the stakes which
were about a foot apart pointing down stream; and yet the alleged fact
that the body was floating was the only evidence produced to prove that
the woman was not drowned. Evidence would be given to prove that the
fact that the body contained little or no water was immaterial, for
drowning takes place when only a very little water is received into the
lungs; and in a case of suicide it is probable that water would enter
the lungs sooner than it would in cases of accident. As to the evidence
derived from the examination of the body after exhumation, it ought not
to have been given, as the exhumation was itself an offence; 'but as it
is I have no reason to apprehend it, being able to make it appear that
the gentlemen who spoke to this point have delivered themselves in that
manner either out of extreme malice, or a most profound ignorance; this
will be so very plain upon my evidence, that I must take the liberty to
impute one or both of these causes to the gentlemen that have argued
from their observations upon that matter.'
It had been suggested that he had an interest in the death of the
deceased by reason of holding money of hers which he had received as her
trustee or guardian. He had been concerned in investing some £200 in a
mortgage for the deceased the previous December; he had paid over this
money to the mortgagees, and the mortgage had been found by the
prosecutors among the papers of the deceased after her death. This was
the only money transaction he had ever had with her. The prosecution had
proved that there was no concealment of shame to induce him to murder
her; and that, though they had no inclination to favour him.
He would produce evidence to show that the dead woman committed suicide,
though he only did so most unwillingly and under compulsion. The
prosecution had shown that she was melancholy, and he could show that
she had reason for making away with herself. This he would do by
producing letters of hers, which were he alone concerned he would not
allude to; but as he was in honour bound to make the best defence he
could for his fellow-prisoners, he had no choice in the matter.
Public-domain text, read in full here on John Shaqi.
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