nate occurrence. The attempt to connect the prisoner
with this man's death has utterly failed. In regard to the man
Rosenblatt, dismissing his absurdly tragic story, what evidence
has been brought before this court that there was any deliberate
attempt at murder? A blow was struck, but by whom? No one knows.
What was the motive? Was it in self-defence warding off some
murderous attack? No one can say. I have as much right to believe
that this was the case, as any man to believe the contrary. Indeed,
from what we know of the character of this wretched traitor and
thief, it is not hard to believe that the attack upon this stranger
would come from him."
And so O'Hara proceeded with his most extraordinary defence. Theory
after theory he advanced, quoting instance after instance of
extraordinary killings that were discovered to be accidental or in
self-defence, till with the bewildered jury no theory explanatory
of the crime committed in the basement of Paulina's house was too
fantastic to be considered possible.
In his closing appeal O'Hara carried the jury back to the point
from which he had set out. With tears in his voice he recounted the
scene of the parting between the prisoner and his children. He drew
a harrowing picture of the unhappy fate of wife and children left
defenceless and in poverty to become the prey of such men as
Rosenblatt. He drew a vivid picture of that age-long struggle for
freedom carried on by the down-trodden peasantry of Russia, and
closed with a tremendous appeal to them as fathers, as lovers of
liberty, as fair-minded, reasonable men to allow the prisoner the
full benefit of the many doubts gathering round the case for the
prosecution, and set him free.
It was a magnificent effort. Never in all his career as a criminal
lawyer had O'Hara made so brilliant an attempt to lift a desperate
case from the region of despair into that of hope. The effect of
his address was plainly visible upon the jury and, indeed, upon the
whole audience in the court room.
The judge's charge did much to clear the atmosphere, and to bring
the jury back to the cold, calm air of Canadian life and feeling;
but in the jury room the emotions and passions aroused by O'Hara's
address were kindled again, and the result reflected in no small
degree their influence.
The verdict acquitted the prisoner of the charge of manslaughter,
but found him guilty on the count of attempted murder. The verdict,
however, was temper
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