Petitions flowed in upon the Home Secretary. Meetings were held, not
only in Porthstone and the neighbouring towns, but all over the
country. Finally the excitement culminated in a monster meeting in
London itself, in one of the largest public halls of the Metropolis,
at which the chair was taken by a nobleman, and the speakers included
a canon of the Church of England, a Roman cardinal, a leading light of
the Wesleyan denomination, a major-general (on half-pay), and an
ex-colonial judge.
The office of Home Secretary happened to be held at this time by an
experienced member of the legal profession, and it is well known that
trained lawyers are far more cautious in condemning, and usually
milder in punishing, than laymen. The Home Secretary wavered. He sent
for the judge who had presided at the trial, and Sir Daniel Buller,
who had had time to recover from his little pique against the
prisoner's counsel, infused his own doubt into the Home Secretary's
mind.
At last the Minister issued a decision. It was a thorough specimen of
the not-guilty-but-don't-do-it-again order of judgment. It stated that
the Home Secretary saw no reason to doubt the substantial guilt of
Eleanor Owen, but that as, in his opinion, the evidence was of an
imperfect character, and failed to throw a clear light upon all the
circumstances of the case, including the motive for the crime, he had
advised her Majesty to commute the sentence to one of imprisonment for
life.
The very day that this unsatisfactory announcement appeared, thirteen
judges sat side by side at the Royal Law Courts to consider the point
reserved.
Charles Prescott represented the prisoner. If the judges felt any
surprise at this change of sides they were careful not to express it.
Young Mr. Pollard appeared on behalf of the Crown, but he was led by
the great Appleby, Q.C., and, as a matter of fact, was not allowed to
open his lips once during the proceedings.
Prescott's argument was long and elaborate. A crowded bar were present
to hear the celebrated case, and the feeling was universal among them
that he had never shone so conspicuously on any former occasion. He
took up the history of the law of murder from its earliest stages, and
along with it he traced the gradual evolution of circumstantial
evidence. He showed with what suspicion and reluctance the latter had
been gradually admitted into our courts, and how succeeding judges had
been careful to fence it in and restrain its application. Then he
turned to the particular rule of law which Tressamer had relied on in
the Assize Court, and repeated and emphasized the arguments made use
of by him. He wound up with an impressive appeal to the judges to lean
in the prisoner's favour, reminding them of the old maxim that a
statute must be construed in favour of life, and asking them to apply
the same principle in expounding the common law.
Public-domain text, read in full here on John Shaqi.
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