Charles Ingram, a mariner in the service
of the East India Company. He identified the accused as the Mrs. James
who had sailed in a ship under his command from Calcutta to London in
the year 1842.
While an official return, prepared by the military authorities, showed
Captain James to have been alive on June 13, there was none to show
that he was still in the land of the living on July 19, the date of
the alleged bigamous marriage. The prosecution affected to consider
this point unimportant. The magistrate, however (on whom Lola's bright
eyes had done their work), did not agree.
"The point," he said, "is, to my mind, very important. During the
interval that elapsed between these two dates many things may have
happened which would render this second marriage quite legal. It is
possible, for instance, that Captain James may have been snatched from
this world to another one by any of those numerous casualties--such as
wounds in action or cholera--that are apt to befall members of the
military profession serving in a tropical climate. What do you say to
that, Mr. Clarkson?"
Mr. Clarkson had nothing to say. Mr. Bodkin, however, when it came to
his turn, had a good deal to say. The charge against his client was,
he declared, "in all his professional experience, absolutely
unparalleled." Neither the first nor the second husband, he pointed
out, had advanced any complaint; and the offence, if any, had been
committed under circumstances that fully justified it. He did not wish
to hint at improper motives on the part of Miss Heald, but it was
clear, he protested, that her attitude was governed by private, and
not by public, ends. None the less, he concluded, "I am willing to
admit that enough has been put before the Court to justify further
enquiry."
Such an admission was a slip which even the very rawest of counsel
should have avoided. It forced the hand of the magistrate.
"I am asked," he said, "to act on a presumption of guilt. As proof of
guilt is wanting, I am reluctant to act on such presumption, even to
the extent of granting a remand, unless the prosecution can assure me
that more evidence will be offered at another hearing. Since, however,
the defendant's own advocate has voluntarily admitted that there is
ground for further enquiry, I am compelled to order a remand. But the
accused will be released from custody on providing two sureties of
L500 each, and herself in one of L1000."
The adjourned proceedings
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