been used. I don't pretend, mind you, that his mental
irresponsibility--was more than a flash of darkness, in which all
sense of proportion became lost; but to contend, that, just as a man
who destroys himself at such a moment may be, and often is, absolved
from the stigma attaching to the crime of self-murder, so he may, and
frequently does, commit other crimes while in this irresponsible
condition, and that he may as justly be acquitted of criminal intent
and treated as a patient. I admit that this is a plea which might
well be abused. It is a matter for discretion. But here you have a
case in which there is every reason to give the benefit of the doubt.
You heard me ask the prisoner what he thought of during those four
fatal minutes. What was his answer? "I thought of Mr. Cokeson's
face!" Gentlemen, no man could invent an answer like that; it is
absolutely stamped with truth. You have seen the great affection
[legitimate or not] existing between him and this woman, who came
here to give evidence for him at the risk of her life. It is
impossible for you to doubt his distress on the morning when he
committed this act. We well know what terrible havoc such distress
can make in weak and highly nervous people. It was all the work of a
moment. The rest has followed, as death follows a stab to the heart,
or water drops if you hold up a jug to empty it. Believe me,
gentlemen, there is nothing more tragic in life than the utter
impossibility of changing what you have done. Once this cheque was
altered and presented, the work of four minutes--four mad minutes
--the rest has been silence. But in those four minutes the boy
before you has slipped through a door, hardly opened, into that great
cage which never again quite lets a man go--the cage of the Law. His
further acts, his failure to confess, the alteration of the
counterfoil, his preparations for flight, are all evidence--not of
deliberate and guilty intention when he committed the prime act from
which these subsequent acts arose; no--they are merely evidence of
the weak character which is clearly enough his misfortune. But is a
man to be lost because he is bred and born with a weak character?
Gentlemen, men like the prisoner are destroyed daily under our law
for want of that human insight which sees them as they are, patients,
and not criminals. If the prisoner be found guilty, and treated as
though he were a criminal type, he will, as all experience show