Page:The Green Bag (1889–1914), Volume 11.pdf/332

This page needs to be proofread.

A Unique Case. being of a description used by chemists to preserve those liquids which are most likely to lose their virtue by exposure to the air. To whom it belonged, or to what use it had been applied, there was no evidence to show. Such was the address of the counsel for the prosecution; and during its delivery I had earnestly watched the countenance of the prisoner, who had listened to it with deep attention. Twice only did I perceive that it produced in him the slightest emo tion. When the disappearance of his house keeper was mentioned, a smile, as of scorn, passed over his lip; and the notice of the dis covery of the stopper obviously excited an interest, and, I thought, an apprehension; but it quickly subsided. I need not de tail the evidence that was given for the pro secution; it amounted, in substance, to that which the counsel stated, nor was it varied in any particular. The stopper was produced, and proved to have been found in the house; but no attempt was made to trace it to the prisoner's possession, or even to his know ledge. When the case was closed, the judge, addressing the counsel for the prose cution, said he thought there was hardly suf ficient evidence to call upon the prisoner for his defense; and if the jury were of the same opinion, they would at once stop the case. Upon this observation from the judge, the jury turned round for a moment, and then intimated their acquiescence in his lordship's view of the evidence. The counsel folded up their briefs, and a verdict of acquittal was about to be taken, when the prisoner addressed the court. He stated, that hav ing been accused of so foul a crime as mur der, and having had his character assailed by suspicions of the most afflicting nature, that character could never be cleared by his acquittal, upon the ground that the evidence against him was inconclusive, without giving him an opportunity of stating his own case, and calling a witness to counteract the im pression that had been raised against him,

303

by explaining those circumstances which at present appeared doubtful. He urged the learned judge, to permit him to state his case to the jury, and to call his house keeper, with so much earnestness, and was seconded so strongly by his counsel, that Lord Mansfield, though very much against his inclination, and contrary to his usual habit, gave way, and yielded to the fatal request. The prisoner then addressed the jury, and entreated their patience for a short time. He repeated to them that he never could feel satisfied to be acquitted merely because the evidence was not conclusive, and pledged himself, in a very short time, by the few observations he should make, and the witness whom he should call, to obtain their verdict upon much higher grounds, upon the impossibility of his being guilty of the dreadful crime. With respect to the insinuations which had been thrown out against him, he thought one observation would dispose of them. Assuming it to be true that the deceased died from the effect of poison, of which he called God to wit ness that he had never even heard either the name or the existence until this day, was not every probability in favor of his innocence? He was a perfect stranger, not known to have in his possession a single article of value, who might either have lost, or been robbed of, that property which he was said to have had at Hull. What so probable as that he should, in a moment of despair at his loss, have destroyed himself? The fatal drug was stated to have been fa miliar in those countries in which Mr. Thomson had travelled, while to himself it was utterly unknown. Above all, he im plored the jury to remember that, although the eye of malice had watched every pro ceeding of his since the fatal accident, and though the most minute search had been made into every part of his premises, no vestige had been discovered of the most trifling article belonging to the deceased,