‘First, we have the incident of the groan. On that subject I ask you to accept her first story, that it was a mere troubled exclamation in sleep, if it was really heard at all, which I may be permitted to doubt. For when a witness exhibits such recklessness and malice and wilful perversion of the truth in a case of this solemn character, I cannot willingly believe that any jury of Englishmen will consent to take away a human life on such testimony.
‘Then we come to the incident of prisoner’s going out. Good heavens! what colouring is put into a simple incident like that! The prisoner, as we now know, and as this wretched woman doubtless knew perfectly well, often went out at night. She suffered from some nervous attack, accompanied by insomnia, and the chemist, Mr. James, whom the counsel on the other side, with all his bitterness, dared not cross-examine—Mr. James told you that he had himself advised her to take these walks at night. Do you believe him? Do you think a respectable tradesman—I may almost call him a professional man—would come into the box and perjure himself on such a subject? Hardly. It would be too much to expect. I do not think that even my learned friend will ask you to say that Mr. James has committed perjury, though I have no doubt at all that Lewis would like to have it suggested.’
There was an intense bitterness in the way in which he brought out Lewis’s name. Unconsciously the jury began to be influenced by it, and to look at Lewis each time he was referred to with undisguised aversion.
‘Yet how this simple incident is magnified and invested with importance and mystery by the other side—by Lewis and his friends! They tell you how the servant awoke at midnight—you know it is an absurd trifle, but the word “midnight” sounds so much more solemn and dreadful than the words “twelve o’clock p.m.”—how she woke at midnight and heard a door open—as if people didn’t always open doors when they wanted to go out! How she got up quietly—perhaps you may be inclined to say treacherously—and stole downstairs. How she had recognised the footsteps as those of Miss Owen. How she heard the front-door go, and finally found it unfastened, except for the latch. And all as if something very dreadful had taken place, instead of the ordinary incident of a young lady going out for an hour to walk off a headache!
‘And, after all, what does it come to? Why, it sounds ridiculous, but the whole end and result of all this is to prove the very thing which I am most anxious to have proved on behalf of the prisoner—namely, that she was out of the house when this murder was committed. They have tried to incriminate the prisoner, and they have ended in proving an unimpeachable alibi!’
He stopped to let his words sink into the minds of the jury, and everyone in court took advantage of the break to change their positions and breathe more freely. Whispers were exchanged, and the feeling began to prevail that a good point had been made, and the prisoner might very likely get off.
‘With what happened after that the prisoner has nothing to do. Mr. Lewis and his friends do not seem to realize, what I hope you will realize, that the fact of footsteps being heard a few minutes after is the strongest point in the prisoner’s favour. Why, if no one else had been heard to enter the house on that night, it would have looked bad for her. But that is just what the prosecution, in their blind mismanagement, have proved. They have shown out of the mouth of their own witness that someone did come in; someone who had been waiting outside ready to come in, and who took advantage of Miss Owen’s exit to slip in by means of a latchkey which he had found, or stolen, or borrowed from the deceased.
‘Now you have the clue. This girl, who stated that ten minutes had elapsed, when it must have been only three, to judge by her notions of time in other matters, this same girl wanted to insinuate that the footsteps she heard the second time were the prisoner’s. Gentlemen, I ask you frankly not to believe it. I ask you to discount her evidence by the evident ill-feeling she manifested. I ask you to believe that the last footsteps were those of the murderer, and that they were heavier because they were a man’s.
‘What else is there against the prisoner? I ask, what else? She came down late the next morning, forsooth! That is the reason why you are asked to send her in her youth and beauty to a felon’s doom. Incredible! Monstrous! As if we all did not constantly get up late, for some reason or another. As if a person who had been out late the night before would not naturally oversleep herself. Why, if she had committed a crime she would have taken particular care to be down early. She would have tried to throw off suspicion by acting in her ordinary way. I am ashamed of answering such arguments.