With regard to the circumstance attending Mr. Brodie’s departure, his
conduct in London, on shipboard, and on the Continent, the evidence
adduced by the prosecutor is in the highest degree lame and
inconclusive. Indeed it ought totally to be rejected as not the best the
prosecutor had it in his power to bring; and as to his being brought
back to this country, the evidence is very defective. The evidence of
Mr. Longlands consists chiefly of hearsay. Those persons who apprehended
Mr. Brodie, who conducted him back to this country, are not produced as
witnesses. Mr. Walker, who is said to have protected him in London; the
owners of the ship, who are said to have altered the destination of the
vessel to aid his flight; none of them are brought forward. And as
hearsay evidence is only competent where the principal witness is dead
or cannot be had, neither of which is here the case, I submit to you,
gentlemen, whether any part of this evidence ought to have been received
or ought now to be regarded by a jury.
I come now to the evidence arising from the letters said to be written
by my client. Gentlemen, urgent as his case may be, I do not wish to
strain anything or to evade any part of the proof. I do not mean to
contest that these letters are of the handwriting of Mr. Brodie,
although this point has been but slenderly proved. My client has not
himself denied them; I shall admit them to be his. Now these letters
contain nothing which can bring home to him the present charge. They
prove that he was avoiding his native land; that he was anxious for the
fate of these abandoned men; that he was afraid they might accuse him;
but he expressly supposes a false accusation--an accusation that might
equally involve the innocent persons he was writing to. In one passage
he expressly asserts his own innocence. Yet the letters are written in
full confidence, and without any seeming intention to hide anything.
Public-domain text, read in full here on John Shaqi.
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