'And now I come to what is by far the gravest case in the
calendar--one of the gravest cases that has ever come before me in my
judicial experience. The prisoner, Eleanor Owen, is accused of the
most serious crime, short of treason, known to our law. Gentlemen, it
is not for you to try whether she is guilty. You have to hear the
witnesses who will be sent in before you on behalf of the Crown, and
if you are satisfied that they are speaking the truth, and the effect
of their evidence on your minds is such as, if uncontradicted, to
raise a fair presumption of the prisoner's guilt, then it is your duty
to find a true bill against her. From the depositions taken by the
magistrates, which have been put before me, I do not anticipate that
you will have much hesitation in coming to your decision. The case is
entirely one of what is called circumstantial evidence, as such cases
most generally are, and must be from the nature of things. Doubtless
there are difficulties in the case--many and grave difficulties--with
which it will be the duty of this tribunal to deal when the prisoner
comes, if she does come, before us. The fact that the prisoner is
charged with the deliberate murder of her friend--I may almost say her
benefactress--with whom she had been living on terms of intimacy for a
considerable time, and for no motive that has yet been suggested
except a low and mercenary one, is calculated to arouse a natural
repulsion in the mind, and to indispose it to believe that the charge
is well-founded. But, gentlemen, these things, as they come before
you, are matters of evidence. If the witnesses you are about to hear
satisfy you that there is a _primâ facie_ case made out against
Eleanor Owen, that there are grounds for suspicion which she ought
fairly to be called upon to answer and explain away if she can, then
it is your duty not to hesitate, but to bring in a true bill for
murder. And I must tell you, gentlemen, that so far as my reading of
the depositions has guided me, this is not a case in which the crime
admits of being reduced to any lesser charge. There are none of the
elements present which may, and often do, justify a jury in reducing
the charge of murder to that of manslaughter. There is no question, so
far as I have been able to discover, of sudden provocation, of
accident, or anything of that sort. Whoever committed this crime must,
if you believe the evidence, have done so knowingly, designedly, and
with premeditation, and therefore your finding, if you find against
the prisoner must be one of wilful murder. Gentlemen, I leave you to
your deliberations.'
Public-domain text, read in full here on John Shaqi.
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