'But you have! In your hands are life and death! The hangman is your
instrument; the judge upon the bench is but your assistant. Seek not
to shirk your liability; do not trust to others to shield you. On
the way in which you discharge your duty to-day depends the most
solemn and awful of all considerations--a human life. If you by any
prejudice, by any weakness, by any deference to superstition or
authority, give an innocent fellow-creature to the tomb, it had been
better for you that you had never been born!'
The twelve men in the box shifted themselves uneasily under this
indignant apostrophe. They had expected to be cajoled. They found
themselves threatened. The rest of those present looked on amazed, and
held their breath to listen. The speaker seemed perfectly indifferent
to the impression he was creating around him. He glanced at neither
the judge nor the prisoner, but fixed his searching eye upon the dozen
men he was addressing.
'You know your duty as well as I do. You know you must not give a
verdict upon suspicion, no, not though that suspicion were as dark
as Erebus, as heavy as lead. You must have proof. You must have
certainty. You must know how this crime was done, and why and
wherefore, or you must acquit the prisoner.'
It is only under great provocation that a judge will interrupt the
counsel for the defence in a case of life and death, but Sir Daniel
Buller frowned and fidgeted as he listened to this extreme view of a
jury's duties. However, he reflected that he would have the last word.
He could afford to wait till the summing-up. Meanwhile he took up his
pen and made a note.
'Now, gentlemen, let me say this to you, and let me enforce it with
all the earnestness I can command--the fact that a murder has been
committed is no evidence whatever against the prisoner at the bar.
'No one denies that the crime has been committed. To do so were
absurd. Elderly ladies do not disappear mysteriously in the night like
this unless somebody has an interest in making them disappear. The
whole question for you is this--had the prisoner any such interest?
Public-domain text, read in full here on John Shaqi.
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