I say there must be a radical error here, either in the candour of the
witnesses, or in the events which they have related. They are either
perjured, or have been deceived, about the articles on your table; and
in either case their testimony is good for nothing. It is plain that the
iron crow was not found both in Warriston’s Close and in Allan’s Close;
the prisoner was not both fettered and unfettered at the same time; and
it matters not to me which of the witnesses has been deceived. Whoever
it is, it cannot be determined on this trial that any of them spoke the
truth; and of consequence the evidence of both must be laid out of
consideration.
At all events, gentlemen, what have you more than two solitary witnesses
to two contradictory facts, instead of two witnesses to one consistent
event? This can never be reckoned good and legal evidence on a trial for
life, where equity as well as expediency require the most scrupulous
accuracy.
Gentlemen, I have now stated what appear to me to be the most material
circumstances in the proof. I have commented on the depositions of the
witnesses in so far as they may be thought to criminate my client; and
without farther detaining you, I beg leave to conclude by repeating the
proposition which I have endeavoured to maintain, that there has not
been adduced on this trial sufficient legal evidence to warrant a
verdict against Mr. Smith.
* * * * *
At three o’clock in the morning the Dean of Faculty rose to address the
jury on behalf of William Brodie.
The Dean of Faculty’s Address to the Jury.
[Sidenote: Dean of Faculty]
The DEAN OF FACULTY--Gentlemen of the jury, the present trial exhibits
in the person of William Brodie, in whose behalf I now address you, a
singular phenomenon in the moral world: a man descended of an ancient
and honourable family, left by a respectable father in opulent
circumstances, and very far from indigence and temptation; educated in
the manners and habits of a gentleman; bred to a reputable occupation,
at the head of which he has frequently stood; and in virtue of that
situation been a member of the Town Council of this great city; who, for
a long series of years, has maintained an irreproachable character in
society, and has often filled offices of honour and trust among his
fellow-citizens, the duties of which he has discharged with attention
and fidelity, standing at the bar of this High Court, accused of having
leagued himself with the meanest and most abandoned of mankind, in the
commission of a crime not less marked with moral depravity on the part
of the perpetrators, than fraught with injury and danger to the public.
Public-domain text, read in full here on John Shaqi.
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