k indulgence, though he knew them to
be irregular. But it was the speciality of this trial that everything
in it was irregular, and he did not think that his learned friend the
Attorney-General would dispute the privilege. The Attorney-General
said nothing, and Mr. Chaffanbrass went on with his little
speech,--with which he took up the greatest part of an hour. It was
thought to have been unnecessary, as nearly all that he said was said
again--and was sure to have been so said,--by the judge. It was not
his business,--the business of him, Mr. Chaffanbrass,--to accuse
another man of the murder of Mr. Bonteen. It was not for him to tell
the jury whether there was or was not evidence on which any other man
should be sent to trial. But it was his bounden duty in defence of
his client to explain to them that a collection of facts tending
to criminate another man,--which when taken together made a fair
probability that another man had committed the crime,--rendered it
quite out of the question that they should declare his client to be
guilty. He did not believe that there was a single person in the
Court who was not now convinced of the innocence of his client;--but
it was not permitted to him to trust himself solely to that belief.
It was his duty to show them that, of necessity, they must acquit his
client. When Mr. Chaffanbrass sat down, the Attorney-General waived
any right he might have of further reply.
It was half-past three when the judge began his charge. He would, he
said, do his best to enable the jury to complete their tedious duty,
so as to return to their families on that night. Indeed he would
certainly finish his charge before he rose from the seat, let the
hour be what it might; and though time must be occupied by him in
going through the evidence and explaining the circumstances of
this very singular trial, it might not be improbable that the jury
would be able to find their verdict without any great delay among
themselves. "There won't be any delay at all, my lord," said the
suffering and very irrational salesman. The poor man was again
rebuked, mildly, and the Chief Justice continued his charge.
As it occupied four hours in the delivery, of which by far the
greater part was taken up in recapitulating and sifting evidence
with which the careful reader, if such there be, has already been
made too intimately acquainted, the account of it here shall be
very short. The nature of circumstantial evidence was
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