ly. The bearing of all this on the
question of premeditation [and premeditation will imply sanity] is
very obvious. You must not allow any considerations of age or
temptation to weigh with you in the finding of your verdict. Before
you can come to a verdict of guilty but insane you must be well and
thoroughly convinced that the condition of his mind was such as would
have qualified him at the moment for a lunatic asylum. [He pauses,
then, seeing that the jury are doubtful whether to retire or no,
adds:] You may retire, gentlemen, if you wish to do so.
The jury retire by a door behind the JUDGE. The JUDGE bends
over his notes. FALDER, leaning from the dock, speaks excitedly
to his solicitor, pointing dawn at RUTH. The solicitor in turn
speaks to FROME.
FROME. [Rising] My lord. The prisoner is very anxious that I should
ask you if your lordship would kindly request the reporters not to
disclose the name of the woman witness in the Press reports of these
proceedings. Your lordship will understand that the consequences
might be extremely serious to her.
THE JUDGE. [Pointedly--with the suspicion of a smile] well, Mr.
Frome, you deliberately took this course which involved bringing her
here.
FROME. [With an ironic bow] If your lordship thinks I could have
brought out the full facts in any other way?
THE JUDGE. H'm! Well.
FROME. There is very real danger to her, your lordship.
THE JUDGE. You see, I have to take your word for all that.
FROME. If your lordship would be so kind. I can assure your
lordship that I am not exaggerating.
THE JUDGE. It goes very much against the grain with me that the name
of a witness should ever be suppressed. [With a glance at FALDER,
who is gripping and clasping his hands before him, and then at RUTH,
who is sitting perfectly rigid with her eyes fixed on FALDER] I'll
consider your application. It must depend. I have to remember that
she may have come here to commit perjury on the prisoner's behalf.
FROME. Your lordship, I really----
THE JUDGE. Yes, yes--I don't suggest anything of the sort, Mr.
Frome. Leave it at that for the moment.
As he finishes speaking, the jury return, and file back into the
box.
CLERK of ASSIZE. Gentlemen, are you agreed on your verdict?
FOREMAN. We are.
CLERK of ASSIZE. Is it Guilty, or Guilty but insane?
FOREMAN. Guilty.
The JUDGE nods; then, gathering up his notes, si
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