England -- Social life and customs -- 19th century -- Fiction; Married people -- Fiction; Mystery fiction
“The Lord Advocate,” he said, “has asked, with the bitter irony for
which he is celebrated at the Scottish Bar, why we have failed entirely
to prove that the prisoner placed the two packets of poison in the
possession of his wife. I say, in answer, we have proved, first, that
the wife was passionately attached to the husband; secondly, that she
felt bitterly the defects in her personal appearance, and especially
the defects in her complexion; and, thirdly, that she was informed of
arsenic as a supposed remedy for those defects, taken internally. To
men who know anything of human nature, there is proof enough. Does
my learned friend actually suppose that women are in the habit of
mentioning the secret artifices and applications by which they improve
their personal appearance? Is it in his experience of the sex that a
woman who is eagerly bent on making herself attractive to a man would
tell that man, or tell anybody else who might communicate with him, that
the charm by which she hoped to win his heart--say the charm of a pretty
complexion--had been artificially acquired by the perilous use of a
deadly poison? The bare idea of such a thing is absurd. Of course nobody
ever heard Mrs. Eustace Macallan speak of arsenic. Of course nobody ever
surprised her in the act of taking arsenic. It is in the evidence
that she would not even confide her intention to try the poison to the
friends who had told her of it as a remedy, and who had got her the
book. She actually begged them to consider their brief conversation on
the subject as strictly private. From first to last, poor creature, she
kept her secret; just as she would have kept her secret if she had worn
false hair, or if she had been indebted to the dentist for her teeth.
And there you see her husband, in peril of his life, because a woman
acted _like_ a woman--as your wives, gentlemen of the Jury, would, in a
similar position, act toward You.”
After such glorious oratory as this (I wish I had room to quote more of
it!), the next, and last, speech delivered at the Trial--that is to say,
the Charge of the Judge to the Jury--is dreary reading indeed.
His lordship first told the Jury that they could not expect to have
direct evidence of the poisoning. Such evidence hardly ever occurred in
cases of poisoning. They must be satisfied with the best circumstantial
evidence. All quite true, I dare say. But, having told the Jury they
might accept circumstantial evidence, he turned back again on his own
words, and warned them against being too ready to trust it! “You must
have evidence satisfactory and convincing to your own minds,” he said,
“in which you find no conjectures--but only irresistible and just
inferences.” Who is to decide what is a just inference? And what is
circumstantial evidence _but_ conjecture?
Public-domain text, read in full here on John Shaqi.
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