nsel that murder is a heinous crime, and that, black as it is at the
best, yet it is still more detestable when 'tis a wife that murders her
husband, and robs her child of a parent who can never be replaced.
"I also agree with him that circumstantial evidence is often sufficient
to convict a murderer; and, indeed, were it not so, that most monstrous
of crimes would go oftenest unpunished; since, of all culprits,
murderers do most shun the eyes of men in their dark deeds, and so
provide beforehand that direct testimony to their execrable crime there
shall be none. Only herein I am advised to take a distinction that
escaped the learned sergeant. I say that first of all it ought to be
proved directly, and to the naked eye, that a man has been murdered; and
then, if none saw the crime done, let circumstances point out the
murderer.
"But here, they put the cart before the horse; they find a dead body,
with no marks of violence whatever; and labor to prove by circumstantial
evidence alone that this mere dead body is a murdered body. This, I am
advised, is bad in law, and contrary to general precedents; and the
particular precedents for it are not examples, but warnings; since both
the prisoners so rashly convicted were proved innocent, after their
execution."
(The judge took a note of this distinction.)
"Then, to go from principles to the facts, I agree and admit that, in a
moment of anger, I was so transported out of myself as to threaten my
husband's life before Caroline Ryder. But afterwards, when I saw him
face to face, then, that I threatened him with _violence_, that I deny.
The fact is, I had just learned that he had committed a capital offence;
and what I threatened him with was the law. This was proved by Jane
Bannister. She says she heard me say the constables should come for him
next morning. For what? to murder him?"
_Judge._ Give me leave, madam. Shall you prove Mr. Gaunt had committed a
capital offence?
_Prisoner._ I could, my lord; but I am loath to do it. For, if I did, I
should cast him into worse trouble than I am in myself.
_Judge_ (shaking his head gravely). Let me advise you to advance nothing
you are not able and willing to prove.
_Prisoner._ "Then I confine myself to this: it was proved by a witness
for the crown that in the dining-room I threatened my husband to his
face with the law. Now this threat, and not that other extravagant
threat, which he never heard, you know, was clearly th
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