t the parties should
meet, clearly signifies that the natural instinct of self-preservation
moved my clients to go there secretly and save Count Luigi by destroying
his adversary.
"Then why did they stay there, after the deed was done? Mrs. Pratt had
time, although she did not hear the cry for help, but woke up some
moments later, to run to that room--and there she found these men
standing and making no effort to escape. If they were guilty, they ought
to have been running out of the house at the same time that she was
running to that room. If they had had such a strong instinct toward
self-preservation as to move them to kill that unarmed man, what had
become of it now, when it should have been more alert than ever. Would
any of us have remained there? Let us not slander our intelligence to
that degree.
"Much stress has been laid upon the fact that the accused offered a very
large reward for the knife with which this murder was done; that no thief
came forward to claim that extraordinary reward; that the latter fact was
good circumstantial evidence that the claim that the knife had been
stolen was a vanity and a fraud; that these details taken in connection
with the memorable and apparently prophetic speech of the deceased
concerning that knife, and the finally discovery of that very knife in
the fatal room where no living person was found present with the
slaughtered man but the owner of the knife and his brother, form an
indestructible chain of evidence which fixed the crime upon those
unfortunate strangers.
"But I shall presently ask to be sworn, and shall testify that there was
a large reward offered for the THIEF, also; and it was offered secretly
and not advertised; that this fact was indiscreetly mentioned--or at
least tacitly admitted--in what was supposed to be safe circumstances,
but may NOT have been. The thief may have been present himself. [Tom
Driscoll had been looking at the speaker, but dropped his eyes at this
point.] In that case he would retain the knife in his possession, not
daring to offer it for sale, or for pledge in a pawnshop. [There was a
nodding of heads among the audience by way of admission that this was not
a bad stroke.] I shall prove to the satisfaction of the jury that there
WAS a person in Judge Driscoll's room several minutes before the accused
entered it. [This produced a strong sensation; the last drowsy head in
the courtroom roused up now, and made preparation to list
|