"You are, however, aware that circumstances might exist which
would justify any man in taking the life of another. If a man were
violently to attack you, and you were to strike him on the head and
kill him, you would be justified. If you were to kill a man in a
fray, in fair defence of a third party, you would be justified.
If you were to kill a man by a blow in the quarrel of a moment,
you would not be guilty of murder. But I can fancy no case in
which death, however much it may be lamented, can lay less of the
murderer's stain upon the hand that inflicts it, than one in which
a brother interferes to rescue a sister from the violent grasp of a
seducer. Such was precisely the case in the instance now before us.
My learned friend on the other side has truly told you that Miss
Macdermot, the prisoner's sister, had consented to elope with Captain
Ussher on the evening on which that man was killed. You have learnt,
from evidence which you have no reason to doubt, that she had
prepared to do so. In fact, you cannot doubt that she left the house
of Ballycloran for that purpose; this has been proved--but there are
circumstances beyond this on which it is essentially necessary that
you should have evidence, and this evidence can only be given by the
young lady herself. I shall therefore have to bring her before you.
When my learned friend told you that he would not call upon her, nor
question her unless placed in that chair by me, he forgot his usual
candour, and assumed to himself credit for humanity to which he has
no title. He himself has nothing to learn from her, as he will prove
to you if he attempts to cross-examine her. Moreover, he was as fully
aware as I am myself, that the prisoner must rely on her alone for
anything like a true account of the affray.
"The brother and the sister are the only living witnesses of that
scene. He has within him that high consciousness of innocence and
rectitude of intention which has enabled him to bear his sufferings,
his imprisonment, and the misery of his position, with a fortitude
which I not only admire, but envy. But that can avail nothing with
you; from the sister's lips you must hear the only account which you
can receive, and if we find that she has been unable to recall the
dreadful circumstances of that night, that fact will bear me out in
the history of the occurrence which I am now going to give you."
Mr. O'Malley then gave as exact an account of the occurrence as he
had been able to collect from Thady, from Feemy's evidence before the
coroner, and from such words as Mrs. McKeon had been able to extract
from Feemy on the subject. He then continued,
Public-domain text, read in full here on John Shaqi.
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