Legally the answer is “Yes;” but all that is expected of
you is to determine how the deceased met his death. He met his death in
a struggle with Malpas. Malpas, by his own admission, first laid hands
on him, thus obstructing an officer in the performance of his duty.
Next, again by his own admission, he resisted arrest. As a result of
this resistance Bastard fell. As a result of the fall he fractured his
skull and died . . . ah . . . instantaneously. You may trace, if you
like, the responsibility for his death backward through Connor, Badger,
and Fellows to Hind; but the immediate cause of it was Malpas.’
The coroner took off his glasses and pushed his notes aside. He spoke
slowly, waving the pince-nez to mark his points.
‘Very well. . . . Now it is your duty to determine the degree of
Malpas’s responsibility. Did Malpas intend to kill the deceased? The
sergeant of the police has tried, very improperly, to make a statement as
to Malpas’s general character.’
The sergeant shuffled his feet and swallowed, but succumbed to a sense of
discipline and was silent.
‘I am bound to say that there is no evidence pointing to Malpas having
killed Bastard of malice aforethought. There is no reason to suppose
that he lied when he told you that he had never spoken to Bastard before.
Did he, then, desire to attack Bastard on the spur of the moment with
intent to kill. He has told you that he wanted to see fair play between
Fellows, whom he describes as his “pal,” and Badger, and I am inclined to
believe him. Another question presents itself: “Did he become murderous
under the influence of drink?” This is negatived by all the evidence.
Now you must be careful. If Malpas laid hands on Bastard with intent to
kill, either under the influence of an old grudge or in a sudden fit of
passion, whether drunk or sober, he is guilty of murder, and it is your
duty to say so. If, on the other hand, he laid hands on Bastard without
intending to offer him any violence, and if, in the course of a struggle
in which he was resisting arrest, he caused Bastard to fall and thus
brought about Bastard’s end, his crime lies on the borderland between
murder and homicide . . . ah . . . manslaughter. If Malpas had no part
in the death of the deceased, you may say that the constable died by
misadventure. I think this is a case in which you may be left to decide
for yourselves. Nothing that you know of Malpas’s private life, and I
presume that you all know something of it, must influence your verdict.
The death of a policeman, a man whom the law provides for your protection
and the protection of your property, is a very serious matter. If
policemen are to be obstructed in their duty with impunity the whole
fabric of life in these remote districts becomes . . . ah . . insecure.
You may now consider your verdict. You had better retire.’
Public-domain text, read in full here on John Shaqi.
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