Now, to ascertain this point you have, in the first place, gentlemen,
the evidence of Brown and Ainslie, and if they have sworn truth the
prisoners must be guilty. To the admissibility of these witnesses there
can be no objection. Were not evidence of this sort admissible, there
would not be a possibility of detecting any crime of an occult nature.
Had a corrupt bargain, indeed, been proved, by which they were induced
to give their evidence, there might have been room for an objection to
their admissibility. But no such bargain has even been alleged against
the public prosecutor in the present case. And as to their being
accomplices, this, gentlemen, is no objection at all. A proof by
accomplices may display, it is true, a corruption of manners, which
alone can render such proof necessary. But it is impossible to go into
the idea that their testimony is therefore inadmissible.
Nor is there, in the present case, any reason to suppose that they were
under improper temptations to give their evidence. Each of them was
separately called upon by the Court, and it was explained to each of
them that they ran no hazard unless from not speaking the truth, and
that their being produced as witnesses secured them from all punishment,
except what would follow upon their giving false evidence. Under such
circumstances, you cannot suppose, gentlemen, that they would be guilty
of perjury without any prospect of advantage to themselves, and merely
to swear away the lives of these prisoners at the bar.
Their credibility, to be sure, rests with you, gentlemen; and if you
find anything unnatural or contradictory in their evidence you will
reject it. But there is nothing in it unnatural or contradictory. The
principal objection was made against Brown, but his evidence is
corroborated by that of Ainslie, and the evidence of Ainslie is again
corroborated by that of Brown, and they are both corroborated by all the
other circumstances deposed to. With regard to Smith, you have the best
of all evidence against him, his own declarations, for it surely is not
to be imagined that any man would criminate himself contrary to the
truth. These declarations have been substantiated in your hearing, and
where a _corpus delicti_ is established, as in the present case, to
which these declarations refer, there cannot be a doubt of their being
the very best evidence, and therefore you can be under no difficulty of
returning a verdict against him.
Gentlemen, to be sure these declarations are not legal evidence against
Brodie. But they corroborate the evidence of Brown and Ainslie, who
swear positively against him.
Public-domain text, read in full here on John Shaqi.
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