The Lady of the Isle : $b or, the Island PrincessSouthworth, Emma Dorothy Eliza Nevitte
General
The Lady of the Isle : $b or, the Island Princess
Southworth, Emma Dorothy Eliza Nevitte
American fiction -- 19th century
His lordship’s exposition of the law and the testimony, in his
instructions, might be considered a virtual acquittal of the prisoner.
It was like the usual charges of Sir James Allan Parke—short, clear, and
pointed.
“Gentlemen of the Jury, you have heard the charge upon which the
prisoner at the bar stands arraigned, and which has been clearly set
forth by the counsel for the crown, and well sustained by the witnesses
he has produced. You have also heard how that charge has been met and
answered by the counsel for the prisoner. The fact of two marriages
having taken place under the circumstances set forth, is fully
established by testimony. The learned advocate for the accused rests his
defense upon the alleged invalidity of the first marriage. Now, upon the
validity or invalidity of that marriage, this court has no authority to
pronounce judgment, the adjudication of such matters belongs,
exclusively, to the Spiritual Court of Arches. If the first marriage was
invalid, it would form no obstacle to the second marriage, which in such
case would not be illegal. And if, on the other hand, the first marriage
was perfectly valid, the second marriage would be illegal; but not
necessarily _felonious_. Intention is the soul of crime. From the
evidence before you, if you find that the prisoner at the bar, upon the
occasion of solemnizing marriage with Lord Montressor, knew, or had good
and sufficient cause to believe that she had already a husband living—it
will be your duty to convict her. If, on the other hand, you find that
she knew, or had good and sufficient reason to believe herself legally
free to contract the said marriage, it becomes your duty to acquit her.
To this single point is drawn the question. You are to judge upon it,
and render your verdict accordingly.”
The Judge ceased and resumed his seat.
The jury retired under the conduct of the sheriff’s officer, to another
room to deliberate.
Then the spell of breathless silence that had bound the spectators was
dissolved. They breathed and spoke—a buzz of voices filled the room.
As for Estelle, she changed not from the frozen, stony look into which
she had been at first appalled by the official abuse of the crown’s
counsel.
Lord Montressor stooped and whispered to her,—
“My own Estelle, courage! courage for a few moments longer! and then all
will be over; all will be well! You are already more than acquitted, you
are justified, you are vindicated.”
“Oh, I know, I know all!” replied a sepulchral voice, that Lord
Montressor scarcely recognized as belonging to his silver-tongued
Estelle.
In a moment, silence fell again like death upon the court-room. It was
produced by the opening of a door, and the appearance of the bailiff,
ushering in the jury. They advanced to their place. The foreman stood
before the Judge. Not a breath was drawn, scarcely a pulse beat in that
crowded court-room for the space of a minute, during which the Judge
inquired:
Public-domain text, read in full here on John Shaqi.
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