'Leaving you to attach much or little importance, as you please, to
that observation' (jury puzzled again), 'I will pass on to the point
about which so much has been said--namely, the latch.' (Jury bend
forward with straining ears. They have felt this to be the difficulty
all along, and are anxiously desiring to be told what it all means,
and what bearing it has on the case.) 'This latch, or rather lock,
appears to have been of peculiar, though not unusual, construction. As
you doubtless know, gentlemen, locks do differ very much from one
another, and it is essential to their usefulness that they should do
so. If all the locks on our doors were of the same pattern, one key
would open them all, and consequently the locks would be rendered
useless for the purpose for which they were designed. In ancient
times, before such articles had come into common use, it was no doubt
the custom to have a rude species of door-fastening, calculated rather
to keep the door fixed in its place as against the violence of the
weather, than to furnish any obstacle against the ingress of undesired
visitors. But, gentlemen, we are not living in those times, but in our
own; and we are here to administer justice, not with regard to the
ideas prevalent among our remote ancestors, but with regard to the
ordinary and reasonable practices of everyday life around us.'
This last part appeals to the jury. They nod their heads in approval,
and wait for further enlightenment.
'Law, gentlemen, it has often been said, is common-sense; and though
there may be a sense in which that maxim is not strictly verifiable,
yet in a broad and general way its applicability has never been and
cannot be disputed. And, therefore, gentlemen, your common-sense
will agree with me when I say that it is a lawful presumption--a
presumption which the law warrants you in drawing and in holding till
you have some satisfactory evidence to rebut it--that the person who
obtains access to a house or any other building secured by a lock of
this description must have in his or her possession a key which is
capable of opening that lock.'
Continued approval of the jury. They find his lordship a little
tedious perhaps, but sound. At last there seems a fair prospect of
light being thrown upon the case.
Public-domain text, read in full here on John Shaqi.
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