"The evidence of their own witness, Despard, was perhaps the strongest proof of the unreliability of Miss Strode's statements. He distinctly denies seeing the cheque she states she had in her hand. He says there was no mention made of winning a bet, and he declares that the blotting-pad—that should have been stained as it now appears in Court, was perfectly clean! So careful is this witness as to the accuracy of what he gives in evidence, that he actually declines to positively swear that the blotter had not been used, although sure in his own mind that it was quite clean. Contrast this straightforward evidence with the statements made by Miss Strode herself! Why, she cannot tell her story without contradicting her own evidence, and then when she is asked to say which statement is true, she breaks down and gives up her attempt to save her lover! Gentlemen of the jury, I should be the last to take advantage of a woman's weakness—of the unfortunate position in which she has placed herself; I cannot but admire her heroism, her self-sacrifice in trying to save her lover by taking the crime on herself; but I should not be doing my duty—nay, I should be defeating justice itself, were I to permit this loving woman to condemn herself of a crime, of which she is only the innocent accomplice."
He sat down, and Mr. Marshall rose. He was a young man with his reputation to make, and this was his first big case.
He began quietly by reviewing bit by bit the evidence for the prosecution. He cleverly seized each point in which a witness had said anything indirectly injurious to the prisoner, and pointed out that it was equally true if applied to Ruby Strode. He asked the jury if there was one single piece of direct evidence against his client. And, after a dramatic pause, he answered: "No, gentlemen, there is not! Circumstantial evidence there is in abundance, but nothing—absolutely nothing—that can justify you in finding this man guilty."
Then he took the evidence for the defence. He drew a pathetic picture of the prisoner suffering in silence to screen his sweetheart; of his refusal at first to make any defence; of his determination to plead guilty; and finally, his consent when he believed his sweetheart safe on the Continent, solely because of his aged father's grief at the dishonour and the stigma that would attach to his sister's good name.
He spoke for forty-six minutes, and concluded a clever and eloquent defence with the following words:
"Gentlemen of the jury, were I not convinced myself of the innocence of the prisoner at the bar, I could not stand before you and ask you for a verdict that will place his own sweetheart in the position in which he now stands. But my learned friend who represents the Crown, heard the confession of Ruby Strode as it fell from her lips in the solicitors' office only last night. Had he listened as I did to her ready answers to every question asked—seen her evident sincerity and heard her straightforward account of the whole transaction, he would, I feel certain, never have allowed this case to go on. I only ask you for justice for an innocent man, and I leave him in your hands, gentlemen, confident that he will receive it."
There was a burst of applause as he sat down—instantly suppressed by the ushers—and then the Judge summed up.
He reviewed the evidence very shortly, and pointed out to the jury that it was for them to consider these statements and to say if they believed the affidavit put up for the defence. If they believed this, then it was their duty to acquit the prisoner. On the other hand, if they did not believe the confession therein to be true, if they believed the contention of the prosecution that it was made under the motive of affection for the prisoner, then they must, on the evidence before them, find the prisoner guilty.
On the point of law there was no difficulty. Fraud had been committed, and it was for them to say if it had been committed by the prisoner or not. He warned them against allowing their sympathies to interfere with their judgment, but at the same time he must remind them that if any uncertainty existed in their minds, they were bound to give the prisoner the benefit of any such doubt.
CHAPTER XII.