As the counsel with evident reluctance brought out these horrid points, a shudder ran through the court. The prisoner had borne it all with tolerable firmness up to now, but she was completely overcome by this part of the speech, and cowered down into her chair, again concealing her emotions by putting her hands before her face.
If Mr. Prescott had any idea of making the jury revolt at the thought of associating such shocking brutalities with the prisoner, his speech produced the very opposite effect to what he intended. The jury saw in it nothing but the natural reluctance of a man at making such a charge, overborne by the counsel’s conviction of the prisoner’s guilt. Their faces assumed an aspect of stony horror as they turned their eyes upon the shrinking girl. A slight frown crossed Tressamer’s countenance, followed by a look of contempt.
‘The second difficulty in the case,’ resumed Prescott, ‘is as to the latchkey. As I have explained, there were only three keys in existence so far as the prosecution have been able to discover. These will all be produced before you. One was found in the pocket of the deceased’s dress, the other was never out of the possession of the witness Simons, the third was on the prisoner’s person when she was arrested. One of these keys, therefore, must have been used in the latch that night, and must have been used with such carelessness or ignorance—it is for you to say which’—[again the jury tried to look as if they were prepared to say which, and again they broke down]—‘that the latch was raised too high, and stuck. Now, here I must draw your attention to a very important circumstance. The person who entered the house last, whether the prisoner or anyone else, and who fastened up the front-door as it was found by the witness Lucy Jones the following morning, that person must, for some reason or other, have failed to notice the condition of the latch. She, if we assume it was the prisoner, must be supposed to have been so agitated from some cause that she failed to notice what she was doing when she raised the latch with her key, and failed again to notice how the latch was caught when she proceeded to fasten the door inside.
‘Gentlemen, it is for you to ask yourselves whether a reasonable explanation, an explanation that will justify you in coming to an adverse verdict in this case, is furnished by the suggestion that the prisoner’s mind was excited by the crime she had just committed to such an extent as to deprive her of the power of observing these things.’
At this point Mr. F. J. Pollard began to be aware that his leader was not pressing the case very vigorously. He looked round at his brother in the solicitors’ seat behind. That gentleman looked extremely angry. He had noticed something curious in his counsel’s manner from the first. He now leant over and whispered to his brother:
‘What’s the matter with Prescott? I can’t make him out. He talks as if he were the judge summing up, instead of the counsel for the prosecution.’
Mr. Pollard, the barrister, shrugged his shoulders and bit his lip. He could do nothing. It was not for him to offer advice to his leader. A man of Mr. Prescott’s standing was not likely to tolerate any interference from a young fellow just called.
But the offender proceeded to cap his misdeeds by a new suggestion, which had never occurred to either of the Pollards. It had been noted down long ago by Tressamer, though.
‘The third difficulty in this case, gentlemen, is one which has doubtless been present to your minds all the time I have been speaking.’