The last of the prosecution's witnesses was the legal shorthand writer
who had taken the official report of the trial of Birchill. In response
to the request of Mr. Walters, he read from his notebook the final
passage in the opening address delivered by the prisoner at that trial as
defending Counsel: "'It is my duty to convince you that my client is not
guilty, or, in other words, to convince you that the murder was committed
before he reached the house. It is only with the greatest reluctance that
I take upon myself the responsibility of pointing an accusing finger at
another man. In crimes of this kind you cannot expect to get anything but
circumstantial evidence. But there are degrees of circumstantial
evidence, and my duty to my client lays upon me the obligation of
pointing out to you that there is one person against whom the existing
circumstantial evidence is stronger than it is against my client.'"
Mr. Lethbridge was unexpectedly brief in his opening address. He
ridiculed the idea that a man like the prisoner, trained in the
atmosphere of the law, would take the law into his own hands in seeking
revenge for a wrong that had been done to him. According to the
prosecution the prisoner had calmly and deliberately carried out this
murder. He had sent a letter to Sir Horace Fewbanks with the object of
inducing him to return to London, and had subsequently gone to
Riversbrook and shot the man who had been his lifelong friend. Could
anything be more improbable than to suppose that a man of the accused's
training, intellect, and force of character, would be swayed by a gust of
passion into committing such a dreadful crime like an immature ignorant
youth of unbalanced temperament? The discovery that his wife and his
friend were carrying on an intrigue would be more likely to fill him with
disgust than inspire him with murderous rage. He would not deny that
accused had gone up to Riversbrook a few hours after Sir Horace Fewbanks
returned from Scotland; he would admit that when the accused sought this
interview he knew that his quondam friend had done him the greatest wrong
one man could do another; but he emphatically denied that the prisoner
killed Sir Horace Fewbanks or threatened to take his life.
Public-domain text, read in full here on John Shaqi.
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