o the public. The three doctors were examined as to the
state of the dead man's head when he was picked up, and as to the
nature of the instrument with which he had probably been killed; and
the fact of Phineas Finn's life-preserver was proved,--in the middle
of which he begged that the Court would save itself some little
trouble, as he was quite ready to acknowledge that he had walked home
with the short bludgeon, which was then produced, in his pocket.
"We would acknowledge a great deal if they would let us," said Mr.
Chaffanbrass. "We acknowledge the quarrel, we acknowledge the walk
home at night, we acknowledge the bludgeon, and we acknowledge a grey
coat." But that happened towards the close of the second day, and
they had not then reached the grey coat. The question of the grey
coat was commenced on the third morning,--on the Saturday,--which
day, as was well known, would be opened with the examination of
Lord Fawn. The anxiety to hear Lord Fawn undergo his penance was
intense, and had been greatly increased by the conviction that
Mr. Chaffanbrass would resent upon him the charge made by the
Attorney-General as to tampering with a witness. "I'll tamper with
him by-and-bye," Mr. Chaffanbrass had whispered to Mr. Wickerby, and
the whispered threat had been spread abroad. On the table before Mr.
Chaffanbrass, when he took his place in the Court on the Saturday,
was laid a heavy grey coat, and on the opposite side of the table,
just before the Solicitor-General, was laid another grey coat, of
much lighter material. When Lord Fawn saw the two coats as he took
his seat on the bench his heart failed him.
He was hardly allowed to seat himself before he was called upon to be
sworn. Sir Simon Slope, who was to examine him, took it for granted
that his lordship could give his evidence from his place on the
bench, but to this Mr. Chaffanbrass objected. He was very well aware,
he said, that such a practice was usual. He did not doubt but that in
his time he had examined some hundreds of witnesses from the bench.
In nineteen cases out of twenty there could be no objection to such a
practice. But in this case the noble lord would have to give evidence
not only as to what he had seen, but as to what he then saw. It would
be expedient that he should see colours as nearly as possible in
the same light as the jury, which he would do if he stood in the
witness-box. And there might arise questions of identity, in speaking
of which i
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