"I have said my object in addressing you is not merely that of
obtaining an acquittal; and I said so because a mere acquittal will
serve that unfortunate young man but little. Unless he can walk out
of this court with such a verdict as, damning as it may be to others,
will altogether cleanse his name from the stain of guilt in this
matter; unless he can, not only save his neck from the halter, but
also entirely clear his character from the gross charges which have
been brought against him,--he would as lief go back to the cell
whence he has come, as return to his father's house acquitted by the
voice of law, but condemned by that of opinion.
"On this account I am debarred from many of the usual resources of
counsel pleading for a prisoner; I am forbidden to make use of legal
points in his favour; I am forbidden to effect an escape by the
numerous weak points in the enemy's plan of attack; I am desired to
meet him face to face in the open field--to fight under no banner but
that of truth, and not to strike my adversary below the belt. You
are aware that this is a line of conduct as rare as it is difficult
in a criminal court--when an advocate has to contend for his client
against the law--where every possible means of success which legal
ingenuity can devise is taken in the prosecution, and where you are
accustomed to hear every legal technicality used in the defence.
"Had I not received instructions of so peculiar a nature, I should
point out to the jury that no proof has been given direct or
circumstantial, that the prisoner was the person by whose hands
Ussher fell; instead of doing so I am to declare that he did, as
he is supposed to have done, kill the deceased in the avenue of
Ballycloran, by striking him twice with his stick. I am to justify
that deed, and disprove the charge of his having entered into a
conspiracy to murder the man, whom he did kill.
"The prisoner, you have been told, and are probably all aware, is
above the rank of men whom you are mostly accustomed to see placed in
that dock. He is the only son of a gentleman, living on his own small
estate, and has for some years past acted as his father's sole agent
and manager.
"I must now tell you a few particulars respecting that estate; and
though, of course, you cannot receive as evidence what I tell you,
still this course will be necessary, as I shall thereby be enabled to
explain to you my object in obtaining answers to certain questions
which I have asked, or shall ask, the answers to which you will take
as evidence.
Public-domain text, read in full here on John Shaqi.
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