"No;—only a matter of thinking."
"And you might have signed the two?"
"I certainly might have done so."
"What you mean to tell the jury is this: that you have no remembrance of signing twice on that special day, although you know that you have acted as witness on behalf of Sir Joseph Mason more than twice on the same day?"
"Yes."
"That is the intended purport of your evidence?"
"Yes, sir."
And then Mr. Furnival travelled off to that other point of Mr. Usbech's presence and alleged handwriting. On that matter Kenneby had not made any positive assertion, though he had expressed a very strong opinion. Mr. Furnival was not satisfied with this, but wished to show that Kenneby had not on that matter even a strong opinion. He again reverted to the evidence on the former trial, and read various questions with their answers; and the answers as given at that time certainly did not, when so taken, express a clear opinion on the part of the person who gave them; although an impartial person on reading the whole evidence would have found that a very clear opinion was expressed. When first asked, Kenneby had said that he was nearly sure that Mr. Usbech had not signed the document. But his very anxiety to be true had brought him into trouble. Mr. Furnival on that occasion had taken advantage of the word "nearly," and had at last succeeded in making him say that he was not sure at all. Evidence by means of torture,—thumbscrew and suchlike,—we have for many years past abandoned as barbarous, and have acknowledged that it is of its very nature useless in the search after truth. How long will it be before we shall recognise that the other kind of torture is equally opposed both to truth and civilization?
"But Mr. Usbech was certainly in the room on that day?" continued Mr. Furnival.
"Yes, he was there."