we have for many years past
abandoned as barbarous, and have acknowledged that it is of its very
nature useless in the search after truth. How long will it be before
we shall recognise that the other kind of torture is equally opposed
both to truth and civilization?
"But Mr. Usbech was certainly in the room on that day?" continued Mr.
Furnival.
"Yes, he was there."
"And knew what you were all doing, I suppose?"
"Yes, I suppose he knew."
"I presume it was he who explained to you the nature of the deed you
were to witness?"
"I dare say he did."
"As he was the lawyer, that would be natural."
"I suppose it would."
"And you don't remember the nature of that special deed, as explained
to you on the day when Bridget Bolster was in the room?"
"No, I don't."
"It might have been a will?"
"Yes, it might. I did sign one or two wills for Sir Joseph, I think."
"And as to this individual document, Mr. Usbech might have signed it
in your presence, for anything you know to the contrary?"
"He might have done so."
"Now, on your oath, Kenneby, is your memory strong enough to enable
you to give the jury any information on this subject upon which they
may firmly rely in convicting that unfortunate lady of the terrible
crime laid to her charge." Then for a moment Kenneby glanced round
and fixed his eyes upon Lady Mason's face. "Think a moment before
you answer; and deal with her as you would wish another should deal
with you if you were so situated. Can you say that you remember that
Usbech did not sign it?"
"Well, sir, I don't think he did."
"But he might have done so?"
"Oh, yes; he might."
"You do not remember that he did do so?"
"Certainly not."
"And that is about the extent of what you mean to say?"
"Yes, sir."
"Let me understand," said the judge--and then the perspiration became
more visible on poor Kenneby's face;--"do you mean to say that you
have no memory on the matter whatever?--that you simply do not
remember whether Usbech did or did not sign it?"
"I don't think he signed it."
"But why do you think he did not, seeing that his name is there?"
"I didn't see him."
"Do you mean," continued the judge, "that you didn't see him, or that
you don't remember that you saw him?"
"I don't remember that I saw him."
"But you may have done so? He may have signed, and you may have seen
him do so, only you don't remember it?"
"Yes, my lord."
And then Kenneby was allowed to
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