le use could be made of the evidence
which had been given by the prisoner's sister before the coroner.
This, however, Mr. O'Malley declined, alleging that the questions
put to Miss Macdermot by the coroner, were merely intended to elicit
evidence that Captain Ussher had been killed by her brother, and
that the answers she then gave were of course not such as would be
favourable to the prisoner; nor were such as could prove those facts
which Mr. O'Malley had intended to prove. Mr. O'Malley finished by
stating that as far as he was concerned the case was ready to be
submitted by his lordship to the jury.
Mr. Allewinde, however, still had the right of reply, and he was not
the man to allow any chance circumstance to prevent him making use
of it. He accordingly again got up to address the jury. He told them
that what he had to say would not keep them long, and considering
that he was a lawyer and a barrister, he kept his word with tolerable
fidelity. He remarked that the evidence of Brady had in no degree
been shaken. That the subjects in which Keegan had been examined had
had no reference to the case; and that it was quite plain that Dolan
had come forward to swear to anything which he thought might tend to
the prisoner's acquittal. He made no allusion whatever to Father John
and Tony McKeon, and then ended by saying, that "the unexpected and
melancholy death of Miss Macdermot was an occurrence which could not
but fill the breast of every one present with most profound sympathy
for the prisoner,--that he should abstain from saying a word which
might be unnecessarily disagreeable or painful to the feelings of any
one--but that the jury must feel that the prisoner would lose nothing
from the loss of her evidence. Of course," he continued, "in a point
of law you are bound to look on the case as if Miss Macdermot had
died at the same moment with her betrothed husband, for you are aware
that you cannot allow anything which my learned friend has told you
to be taken into consideration by you in finding your verdict. But it
will lessen the pain which more or less you must suffer in this sad
case, to reflect what strong grounds you have for supposing that the
sister, had she lived, could have proved nothing favourable to the
brother; for had she been able to do so, she would have done it when
examined before the coroner. I shall now trouble you no further.
His lordship in submitting the case to you will give you doubtless
the
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