The re-examination by Mr. Campbell Foster lasted only a few minutes, and after a question or two from the Judge, the Court adjourned for luncheon, the general opinion being that Mrs. Dyson had passed through the trying ordeal with great firmness and self-possession, and that the defence had not made a material mark upon the case.
After half an hour’s interval the trial was resumed by the production of the Bannercross witnesses.
There were few new features in this, but Mr. Lockwood made a vigorous attempt to damage the credibility of the young man, Brassington, whose testimony went to establish malice and intent on the part of the prisoner.
Peace himself, during this, departed from his customary air of stoical calm, talking rapidly, in a low tone, and evidently challenging the witness’s statements in no amicable mood or feeble terms.
The evidence of Mr. Harrison, the surgeon, went to show that the direction of the shot was such as would be likely to be taken by a bullet fired from the low level of the road at a person above, and the questions of Mr. Lockwood, in cross-examination, pointed to the suggestion that certain bruises on the deceased’s nose and chin were caused by blows, in a struggle with the prisoner.
But Mr. Harrison did not take to this theory, though as the deceased had fallen on his back when shot, he did not seem quite able to account for these grazes.
Soon after this there took place between the learned counsel engaged in the case a contention of which there had been one or two previous indications. It was a struggle on the part of the defence to force the prosecution to put in the letters found in the field at Bannercross.
Mr. Lockwood wanted the letters to be put as evidence, that he might use them; but he did not wish to put them in himself, because that would deprive him of the last word to the jury, and give it to Mr. Campbell Foster. The point gave rise to much argument, but in the end Mr. Lockwood had to abandon his contention.
After this the prosecution called witnesses who had not been before the coroner or the magistrates. Then followed evidence as to the capture of Peace at Blackheath, and this closed the case for the prosecution.
Mr. Campbell Foster summed up the evidence he had produced in proof of the charge of murder, Peace listening to everything he said with unflinching attention.