ose a
partnership between Sir Joseph Mason and Mr. Martock,--had been
executed on the 14th of July, and that it had been signed by Sir
Joseph, and also by those two surviving witnesses, Kenneby and
Bolster. The question, therefore, for the consideration of the jury
had narrowed itself to this: had two deeds been executed by Sir
Joseph Mason, both bearing the same date? If this had not been done,
and if that deed with reference to the partnership were a true
deed, then must the other be false and fraudulent; and if false and
fraudulent, then must Lady Mason have sworn falsely, and been guilty
of that perjury with which she was now charged. There might, perhaps,
be one loophole to this argument by which an escape was possible.
Though both deeds bore the date of 14th July, there might have been
error in this. It was possible, though no doubt singular, that that
date should have been inserted in the partnership deed, and the deed
itself be executed afterwards. But then the woman Bolster told them
that she had been called to act as witness but once in her life, and
if they believed her in that statement, the possibility of error as
to the date would be of little or no avail on behalf of Lady Mason.
For himself, he could not say that adequate ground had been shown
for charging Bolster with swearing falsely. No doubt she had been
obstinate in her method of giving her testimony, but that might have
arisen from an honest resolution on her part not to allow herself to
be shaken. The value of her testimony must, however, be judged by
the jury themselves. As regarded Kenneby, he must say that the man
had been very stupid. No one who had heard him would accuse him for
a moment of having intended to swear falsely, but the jury might
perhaps think that the testimony of such a man could not be taken as
having much value with reference to circumstances which happened more
than twenty years since.
The charge took over two hours, but the substance of it has been
stated. Then the jury retired to consider their verdict, and the
judge, and the barristers, and some other jury proceeded to the
business of some other and less important trial. Lady Mason and Mrs.
Orme sat for a while in their seats--perhaps for a space of twenty
minutes--and then, as the jury did not at once return into court,
they retired to the sitting-room in which they had first been placed.
Here Mr. Aram accompanied them, and here they were of course met by
Peregrine Orm
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