"Gentlemen of the jury, it now becomes my duty to address to you
such words as may best suit to point out to you the weakness
of the evidence against the prisoner--to explain to you the
different objects we had in our lengthened cross-examination of the
witnesses--to inform you what we intend to prove on behalf of the
prisoner from further witnesses--and, in fact, to put the case before
you in a light, and point of view, differing as widely as I can make
it do from that in which my learned friend has presented it to you.
This you are aware is the general duty and constant object of a
counsel endeavouring to obtain a verdict of acquittal from a jury.
It is a duty in which long practice has made me familiar, if not
skilful; and I never undertook that duty with the same assurance
of its facility, as that which I now feel, after having heard the
evidence which has been brought forward on the prosecution. I knew
beforehand, as surely as one can trust to human knowledge, that the
evidence would fail; but knowing the acute legal abilities of my
learned friend, and the extraordinary avidity which exists among
a large class of men for a verdict against the prisoner in this
case,--remembering, I say, these things, I did not expect such a
total break down, such an exposure of weakness as that which has been
just made before you. Were my object merely to rescue the prisoner
from an ignominious death--had it been my mere duty on this occasion
to obtain an acquittal, I should feel no hesitation in requesting his
lordship at once to send the case before you, with such remarks as
the evidence would call forth from him; and I should consider that
I was only wasting the time of the court in pointing out to you the
insufficiency of the evidence, in which each of you must perceive
that nothing whatever is proved against the prisoner; but I have been
employed with another object; and I must own to you that so great is
my own personal anxiety--so terrible and so undeserved the present
position of that unfortunate young man, and so essentially necessary
is it for his future happiness, that I should effect my present
object;--I must own to you, I say, for these reasons, that from
the time when I first found myself standing in a crowded court to
address a jury, up to the present moment, I have never felt so little
self-confidence, or experienced so total a prostration of that
assurance, which is a lawyer's first requisite, as I do at present.
Public-domain text, read in full here on John Shaqi.
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