It will be remembered that Feemy's extreme illness had never been
made known to her brother,--much less her lamentable situation.
Father John had told him that she was unwell, but he had not thought
it necessary to frighten him at the present time by letting him know
how very ill she was. The doctor's departure from court he did not
notice at all. Father John was sent for to his sister in a manner
which caused him no apprehension,--and even when McKeon went out to
see whether she was coming, it never occurred to Thady that the delay
in his sister's appearance was occasioned by ill health. It was only
when he saw O'Malley sit down, after hearing some whispered tidings
from McKeon, that he felt alarmed. When the barrister told the judge
that his witness had gone before another judgment-seat, it was still
evident from his face that he did not perfectly comprehend what had
happened; but there was no misunderstanding the language in which
the tidings were immediately afterwards communicated to himself. He
seemed to make one attempt as if to say something; but the feeling
of his situation, and the paraphernalia of the court awed him into
silence, and he sank down within the dock to hide his sorrow from the
crowd that were gazing at him.
There was some considerable delay in the court after this, as though
all the parties concerned felt unwilling to commence business after
the shock which Feemy's death had occasioned. The judge sat back in
his chair, silent and abstracted, as if, valuable as he must know his
own and the public time to be, he felt unable to call on any one to
proceed with the case immediately after so sad an event.
At last Mr. Allewinde rose and said that no one could regret more
than himself the dreadfully tragical manner in which the prisoner had
lost the benefit of the evidence, which it was expected his sister
would have been able to give on his behalf; that he conceived that it
would be anything but mercy to the prisoner to delay the proceedings
in their present stage on account of what had happened; moreover,
he considered that doing so would be illegal. He would suggest to
the judge, to his learned friend on the other side, and to the jury,
whether any legal and available use could be made of the evidence
which had been given by the prisoner's sister before the coroner.
This, however, Mr. O'Malley declined, alleging that the questions
put to Miss Macdermot by the coroner, were merely intended to elicit
evidence that Captain Ussher had been killed by her brother, and
that the answers she then gave were of course not such as would be
favourable to the prisoner; nor were such as could prove those facts
which Mr. O'Malley had intended to prove. Mr. O'Malley finished by
stating that as far as he was concerned the case was ready to be
submitted by his lordship to the jury.
Public-domain text, read in full here on John Shaqi.
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