Mr. Todd when put in the box gave a full detail of the prisoner’s capture, and the attempted rescue of him by the Cracksman, who was a well-known thief. These circumstances were made manifest enough, and could not by any possibility be contravened. The fact of his having in his possession the full amount he had received for the cheque cashed at the Saltwich bank was also deposed to, and the bank clerk was also in attendance who declared that the cheque had been altered.
This, however, could not be proved positively without the attendance of the drawer of the cheque, and he, it appeared, was at this time in Paris, and the gentleman engaged for the prosecution thereupon asked for a remand.
At the advice of Mr. Kensett the prisoner was represented by a badgering lawyer, who availed himself of every quibble to set aside the evidence offered for the prosecution.
He had not much difficulty in turning the tide in favour of his client, for, to speak the truth, the case for the prosecution was a regular bungle, and Mr. Sharpthorne, Sutherland’s legal adviser, damaged it materially.
“I respectfully submit, sir,” said Sharpthorne, looking triumphantly round the court and addressing himself to the magistrate, “that there is in reality no kind of proof offered on behalf of the prosecution that this young man has committed any fraud whatever. A cheque has been presented by him and paid by one of the cashiers of the Saltwich Bank. I am instructed by my client to inform the court that he received the cheque in the ordinary course of business—that he was, in point of fact, a perfectly honest holder of the cheque in question, and he presented it in the full faith of its genuineness. I must say I think the bankers have acted in a most indiscreet and, I may observe, a very harsh way, towards a respectable and honestly-disposed young man.”
“Respectable and honest—eh?” sneeringly observed the attorney for the prosecution.
“Certainly,” replied Sharpthorne, thumping the table before him. “I say advisedly and emphatically, both respectable and honest. The inference is a rational and reasonable one. Every man is honest until he is found guilty.”
“The prisoner made a determined attempt to escape. You seem to forget that,” observed Mr. Kensett, addressing: himself to the blatant lawyer.
“Well, sir,” observed the latter, “I should be very sorry—indeed, it would be imprudent for me to contradict you; but permit me to observe that even this has not been clearly established. It is true a ruffian attacked Mr. Todd and endeavoured to overpower him—indeed, he partially succeeded in doing so; but it does not necessarily follow that this was done at the instigation of the prisoner. It is just possible the man in question was a perfect stranger to my client. I believe he was.”
“Ah, Sharpthorne, that is going too far,” observed the opposing solicitor.