'You will observe, gentlemen, how important this becomes when we
come to consider the question of motive. I agree with Mr. Tressamer,
about whose general line of defence I shall have something to
say presently'--(Tressamer frowned, the rest of the Bar looked
nervous)--'in saying that the apparent absence of motive is the most
inexplicable feature in the case for the prosecution. You will, of
course, have fresh in your minds the evidence of the servant on this
point.' (The jury found it quite hopeless to even pretend that they
had anything of the sort.) 'I refer to her statement, which I will
read to you presently'--(visible depression in the jury-box and
throughout the court)--'that deceased promised the prisoner on one
occasion to leave her a legacy, or something of that sort. Gentlemen,
that is peculiarly and emphatically a matter for you to deal with, and
on which it would be out of place for me to offer you any guidance
whatever.' (Dismay among several jurymen, stolid pride among others.)
'If you believe that evidence, and I confess I am wholly unable to
follow the prisoner's counsel in some of his comments upon the general
demeanour of the witnesses, most of whom appeared to me to give their
evidence with every appearance of impartiality, and in a manner which
showed that they realised their responsibility--but all that, again,
is rather a matter for you than for me--if, I say, you believe that
evidence as to the legacy, you must consider for yourselves what
weight you ought fairly to attach to it, and how far in your opinion
it furnishes a motive adequate to inspire the very heinous crime into
which we are now inquiring.'
The jury by this time were fairly at sea. They could not for the life
of them make out which side his lordship was taking, and, of course,
it never once occurred to them that he was trying to avoid taking any
side at all.
'And now, gentlemen, to consider the evidence against the prisoner
more in detail.' (Suppressed sighs from the gentlemen.) 'This is
one of those cases which depend entirely on what is commonly known
as circumstantial evidence. Well, gentlemen, the evidence of
circumstances is just as good as any other evidence, and very often it
is far more reliable and far less subject to be vitiated by improper
influences than ocular and oral testimony. In cases of this kind it
is seldom that we can get anything but circumstantial evidence. When
a man is going to do a wicked and criminal act he does not call
witnesses around him. No, he avoids all human sight, he perpetrates
his deed in secrecy, and all that we can do is to seek to penetrate
the mystery by such means as are at our disposal.'
Impression confirmed that judge is against the prisoner. Tressamer
looking slightly anxious.
Public-domain text, read in full here on John Shaqi.
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