ght these
things, there is no evidence that she kept them by her. She may have
disposed of them in some manner of which we know nothing. The fact
that they have been missing since her decease affords in itself some
ground for supposing that she did so part with the control over this
property. But, as I must repeat, what became of it is perfectly
immaterial, because there is absolutely nothing in the whole of the
evidence before us, and by which we must be guided, to fix the
prisoner with knowledge that these valuables existed at all.
'You will observe, gentlemen, how important this becomes when we
come to consider the question of motive. I agree with Mr. Tressamer,
about whose general line of defence I shall have something to
say presently'--(Tressamer frowned, the rest of the Bar looked
nervous)--'in saying that the apparent absence of motive is the most
inexplicable feature in the case for the prosecution. You will, of
course, have fresh in your minds the evidence of the servant on this
point.' (The jury found it quite hopeless to even pretend that they
had anything of the sort.) 'I refer to her statement, which I will
read to you presently'--(visible depression in the jury-box and
throughout the court)--'that deceased promised the prisoner on one
occasion to leave her a legacy, or something of that sort. Gentlemen,
that is peculiarly and emphatically a matter for you to deal with, and
on which it would be out of place for me to offer you any guidance
whatever.' (Dismay among several jurymen, stolid pride among others.)
'If you believe that evidence, and I confess I am wholly unable to
follow the prisoner's counsel in some of his comments upon the general
demeanour of the witnesses, most of whom appeared to me to give their
evidence with every appearance of impartiality, and in a manner which
showed that they realised their responsibility--but all that, again,
is rather a matter for you than for me--if, I say, you believe that
evidence as to the legacy, you must consider for yourselves what
weight you ought fairly to attach to it, and how far in your opinion
it furnishes a motive adequate to inspire the very heinous crime into
which we are now inquiring.'
The jury by this time were fairly at sea. They could not for the life
of them make out which side his lordship was taking, and, of course,
it never once occurred to them that he was trying to avoid taking any
side at all.
'And now, gentlemen, to consider the e
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