The Experiences of a Barrister, and Confessions of an Attorney. Samuel Warren

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СКАЧАТЬ that there was no doubt of the prisoners' guilt, and I determined that no effort on my part should be spared to insure the accomplishment of the ends of justice. I drew the indictment myself; and in my opening address to the jury dwelt with all the force and eloquence of which I was master upon the heinous nature of the crime, and the conclusiveness of the evidence by which it had been brought home to the prisoners. I may here, by way of parenthesis, mention that I resorted to a plan in my address to the jury which I have seldom known to fail. It consisted in fixing my eyes and addressing my language to each juror one after the other. In this way each considers the address to be an appeal to his individual intelligence, and responds to it by falling into the views of the barrister. On this occasion the jury easily fell into the trap. I could see that I had got them into the humor of putting confidence in the evidence I had to produce.

      The trial proceeded. The cause of the death was scientifically stated by two medical men. Next followed the evidence as to the finding of the knife in the bedroom of the deceased; the discovery of the mortgage deed, and the large sum of money, in the prisoners' sleeping apartment; the finding the key of the back-door in the male prisoner's pocket; and his demeanor and expressions on the night of the perpetration of the crime. In his cross-examination of the constable, several facts perfectly new to me were elicited by the very able counsel for the prisoners. Their attorney had judiciously maintained the strictest secrecy as to the nature of the defence, so that it now took me completely by surprise. The constable, in reply to questions by counsel, stated that the pockets of the deceased were empty; that not only his purse, but a gold watch, chain, and seals, which he usually wore, had vanished, and no trace of them had as yet been discovered. Many other things were also missing. A young man of the name of Pearce, apparently a sailor, had been seen in the village once or twice in the company of Mary Strugnell; but he did not notice what sort of hat he generally wore; he had not seen Pearce since the night the crime was committed; had not sought for him.

      Mary Strugnell was the next witness. She repeated her previous evidence with precision and apparent sincerity, and then I abandoned her with a mixed feeling of anxiety and curiosity, to the counsel for the defence. A subtle and able cross-examination of more than two hours' duration followed; and at its conclusion, I felt that the case for the prosecution was so damaged, that a verdict of condemnation was, or ought to be, out of the question. The salient points dwelt upon, and varied in every possible way, in this long sifting, were these:—"What was the reason she did not return in the evening in question to her aunt's to supper as usual?"

      "She did not know, except that she wished to get home."

      "Did she keep company with a man of the name of Pearce?"

      "She had walked out with him once or twice."

      "When was the last time?"

      "She did not remember."

      "Did Pearce walk with her home on the night of the murder?"

      "No."

      "Not part of the way?"

      "Yes; part of the way."

      "Did Pearce sometimes wear a black, shiny hat?"

      "No—yes: she did not remember."

      "Where was Pearce now?"

      "She didn't know."

      "Had he disappeared since that Sunday evening?"

      "She didn't know."

      "Had she seen him since?"

      "No."

      "Had Mr. Wilson ever threatened to discharge her for insolence to Mrs.

       Armstrong?"

      "Yes; but she knew he was not in earnest."

      "Was not the clasp-knife that had been found always left in the kitchen for culinary purposes?"

      "No—not always; generally—but not _this _time that Armstrong went away, she was sure."

      "Mary Strugnell, you be a false-sworn woman before God and man!" interrupted the male prisoner with great violence of manner.

      The outbreak of the prisoner was checked and rebuked by the judge, and the cross-examination soon afterwards closed. Had the counsel been allowed to follow up his advantage by an address to the jury, he would, I doubt not, spite of their prejudices against the prisoners, have obtained an acquittal; but as it was, after a neutral sort of charge from the judge, by no means the ablest that then adorned the bench, the jurors, having deliberated for something more than half an hour, returned into court with a verdict of "guilty" against both prisoners, accompanying it, however, with a strong recommendation to mercy!

      "Mercy!" said the judge. "What for? On what ground?"

      The jurors stared at each other and at the judge: they had no reason to give! The fact was, their conviction of the prisoners' guilt had been very much shaken by the cross-examination of the chief witness for the prosecution, and this recommendation was a compromise which conscience made with doubt. I have known many such instances.

      The usual ridiculous formality of asking the wretched convicts what they had to urge why sentence should not be passed upon them was gone through; the judge, with unmoved feelings, put on the fatal cap; and then a new and startling light burst upon the mysterious, bewildering affair.

      "Stop, my lord!" exclaimed Armstrong with rough vehemence. "Hear me speak! I'll tell ye all about it; I will indeed, my lord. Quiet, Martha, I tell ye. It's I, my lord, that's guilty, not the woman. God bless ye, my lord; not the wife! Doant hurt the wife, and I'se tell ye all about it. I alone am guilty; not, the Lord be praised, of murder, but of robbery!"

      "John!—John!" sobbed the wife, clinging passionately to her husband, "let us die together!"

      "Quiet, Martha, I tell ye! Yes, my lord, I'se tell ye all about it. I was gone away, wife and I, for more nor a week, to receive money for Mr. Wilson, on account of smuggled goods—that money, my lord, as was found in the chest. When we came home on that dreadful Sunday night, my lord, we went in the back way; and hearing a noise, I went up stairs, and found poor Wilson stone-dead on the floor. I were dreadful skeared, and let drop the candle. I called to wife, and told her of it. She screamed out, and amaist fainted away. And then, my lord, all at once the devil shot into my head to keep the money I had brought; and knowing as the keys of the desk where the mortgage writing was kept was in the bedroom, I crept back, as that false-hearted woman said, got the keys, and took the deed; and then I persuaded wife, who had been trembling in the kitchen all the while, that we had better go out quiet again, as there was nobody in the house but us: I had tried that woman's door—and we might perhaps be taken for the murderers. And so we did; and that's the downright, honest truth, my lord. I'm rightly served; but God bless you, doant hurt the woman—my wife, my lord, these thirty years. Five-and-twenty years ago come May, which I shall never see, we buried our two children. Had they lived, I might have been a better man; but the place they left empty was soon filled up by love of cursed lucre, and that has brought me here. I deserve it; but oh, mercy, my lord! mercy, good gentlemen!"—turning from the stony features of the judge to the jury, as if they could help him—"not for me, but the wife. She be as innocent of this as a new-born babe. It's I! I! scoundrel that I be, that has brought thee, Martha, to this shameful pass!" The rugged man snatched his life-companion to his breast with passionate emotion, and tears of remorse and agony streamed down his rough cheeks.

      I was deeply affected, and felt that the man had uttered the whole СКАЧАТЬ