, found him so employed.
The counsel for the prosecution then addressed the jury, and threw
discredit upon Reuben's narrative; which, he said, was unsupported
in any material particular. That he met the rest of the party in
the lane was likely enough. He may have returned there with them
after the burglary, and probably it was there that, in a quarrel
over the spoil, he received the blow of which you have heard.
"My learned friend has told you to dismiss from your mind the
question about that poisoning of the dog, four years ago; but it is
impossible for you to do so. You have heard that the dog was
poisoned, and that the evidence was so strong that his employer at
once dismissed him. It is true that Mr. Ellison has told you that
he afterwards changed his mind on the subject; but after the
evidence which Mr. Penfold has given, of the kindness of that
gentleman's heart, you will readily understand that no great stress
can be laid upon this. The matter, so far from being trivial, as my
friend represents it, is highly important; inasmuch as here we find
that, again, the dogs have been poisoned just as on the first
occasion. It is clear that burglars from London would be ignorant
of the whereabouts of the kennels, and were not likely to have come
down provided with a store of poisoned meat; had they not known,
from persons well acquainted with the place, of the steps that
would have to be taken before an entry could be effected into the
house. You will therefore see the extreme importance of this point.
"I am perfectly ready to admit that the evidence is of a wholly
circumstantial nature but, from the nature of the case, it is
necessary that this should be so. Had Mrs. or Mr. Ellison awoke,
when the thieves entered their room, it is probable that much more
evidence would be forthcoming. It is, however, for you to weigh the
probabilities of the case. You have to consider whether the theory
which I have laid before you, as to the connection of the prisoner
with this affair, or this wild story which he tells you, is the
most probable."
The judge then summed up, with a strong bias against Reuben. He
told them that evidence for character was, of course, of
importance; but that it must not be relied upon too far. The
prisoner appeared undoubtedly to be intelligent and well-conducted,
but unfortunately his experience told him that many criminals were
men of unusual intelligence. Stress had been laid, by the counsel
for t
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