of the floor; letting down this plough and share upon the heads of the
sleeping couple below, stunning, if not killing them; thus leaving them
unresisting subjects to the action of the element. McBrain had been
examined on this point, which we omitted to state in its place, to
prevent repetition. He, and the two other doctors brought forward for
the defence, had tried to place the ploughshare on the skulls; and were
of opinion that the injuries might have been inflicted by that piece of
iron. But Mary Monson could not use such an instrument. This was beyond
all dispute. If the ploughshare inflicted the blow—and the testimony on
this point was at least entitled to respect—then was Mary Monson
innocent of any murder committed by _direct_ means. It is true, she was
responsible for all her acts; and if she set fire to the building, she
was probably guilty of murder as well as of arson. But would she have
done this, and made no provision for her own escape? The evidence was
clear that she was rescued by means of a ladder, and through a window;
and that there were no other means of escape.
Dunscomb reasoned on these several points with great force and
ingenuity. So clear were his statements, so logical his inferences, and
so candid his mode of arguing, that he had produced a great effect ere
he closed this branch of his subject. It is true, that one far more
difficult remained to be met; to answer which he now set about with fear
and trembling.
We allude to the piece of money alleged to have been found in Mary
Monson’s purse. Dunscomb had very little difficulty in disposing of the
flippant widow Pope; but the Burton family gave him more trouble.
Nevertheless, it was his duty to endeavour to get rid of them, or at
least so far to weaken their testimony as to give his client the benefit
of the doubt. There was, in truth, but one mode of doing this. It was to
impress on the jury the probability that the coin had been changed in
passing from hand to hand. It is true, it was not easy to suggest any
plausible reason why such an act of treachery should have been
committed; but it was a good legal point to show that this piece of
money had not, at all times, been absolutely under the eye or within the
control of the coroner. If there were a possibility of a change, the
fact should and ought to tell in favour of his client. Mrs. Burton had
made admissions on this point which entitled the prisoner to press the
facts on the minds of the jurors; and her counsel did not fail so to do,
with clearness and energy. After all, this was much the most difficult
point of the case; and it would not admit of a perfectly satisfactory
solution.
Public-domain text, read in full here on John Shaqi.
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