'We know--we have it from the witnesses for the Crown, and from the
respectable chemist, James--that she had been unwell, and had been in
the habit of taking midnight walks for some time previously. She took
one on this particular night. I do not deny it--I admit it. I demand
of you to believe it. She went out at twelve, or rather before, let us
say, just as the spiteful servant-girl told you. She went out, leaving
the door latched, but not bolted, and she walked in an easterly
direction along the shore, where the fisherman met her.
'And I want you to note here for a moment how the evidence for the
prosecution has been coloured even in small things. As you have heard,
the body, or rather the hand, was found next day at the entrance of
Newton Bay. Now, as most of you know, Newton Bay lies to the east
of Porthstone, some two miles further along the coast. When the
fisherman, Evan Thomas, met the prisoner, she was nowhere near Newton
Bay, and she had not the smallest intention, so far as we know, of
going there. She was simply strolling up and down the Porthstone
Esplanade, and her face happened to be turned towards the east when
she was met by him. Yet, how is his evidence put before you? "I met
her. She was going in the direction of Newton Bay." Gentlemen, I say
that is a poisoned answer. It is a poisonous suggestion to your minds
that the prisoner was actually going to Newton Bay--was making for
it at the time. Why didn't they say that she was going towards the
tennis-ground, or the Grand Hotel, or the bathing-place? All those lay
in the same direction, and there is not a tittle of evidence to show,
there is not the smallest reason to suppose, that she ever went a yard
beyond those places.
'That is how the prosecution has been conducted throughout. That
wicked servant, who practically admitted that she nursed a dislike to
her young mistress, got into that box, I put it to you, for the
deliberate purpose of making the case against her as black as she
could. In reality her evidence was strongly in the prisoner's favour,
as I shall point out to you. But she, too, was instructed, or was
taught by her own evil nature, to so distort the facts as to make them
bear an appearance against the unhappy girl who is on trial for her
life.
'First, we have the incident of the groan. On that subject I ask you
to accept her first story, that it was a mere troubled exclamation
in sleep, if it was really heard at all, which I may be permitted to
doubt. For when a witness exhibits such recklessness and malice and
wilful perversion of the truth in a case of this solemn character, I
cannot willingly believe that any jury of Englishmen will consent to
take away a human life on such testimony.
Public-domain text, read in full here on John Shaqi.
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