ly that is the rational method of coming to a conclusion?"
"In science, no doubt. Not in law. A court of law must decide
according to the evidence which is before it; and that evidence is of
the nature of sworn testimony. If a witness is prepared to swear that
black is white and no evidence to the contrary is offered, the evidence
before the Court is that black is white, and the Court must decide
accordingly. The judge and the jury may think otherwise--they may even
have private knowledge to the contrary--but they have to decide
according to the evidence."
"Do you mean to say that a judge would be justified in giving a
decision which he knew to be contrary to the facts? Or that he might
sentence a man whom he knew to be innocent?"
"Certainly. It has been done. There is a case of a judge who
sentenced a man to death and allowed the execution to take place,
notwithstanding that he--the judge--had actually seen the murder
committed by another man. But that was carrying correctness of
procedure to the verge of pedantry."
"It was, with a vengeance," I agreed. "But to return to the case of
John Bellingham. Supposing that after the Court has decided that he is
dead he should return alive? What then?"
"Ah! It would then be his turn to make an application, and the Court,
having fresh evidence laid before it, would probably decide that he was
alive."
"And meantime his property would have been dispersed?"
"Probably. But you will observe that the presumption of death would
have arisen out of his own proceedings. If a man acts in such a way as
to create a belief that he is dead, he must put up with the
consequences."
"Yes, that is reasonable enough," said I. And then, after a pause, I
asked: "Is there any immediate likelihood of proceedings of the kind
being commenced?"
"I understood from what you said just now that Mr. Hurst was
contemplating some action of the kind. No doubt you had your
information from a reliable quarter." This answer Mr. Jellicoe
delivered without moving a muscle, regarding me with the fixity of a
spectacled figurehead.
I smiled feebly. The operation of pumping Mr. Jellicoe was rather like
the sport of boxing with a porcupine, being chiefly remarkable as a
demonstration of the power of passive resistance. I determined,
however, to make one more effort, rather, I think, for the pleasure of
witnessing his defensive maneuvers than with the expectation of getting
anything
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