The Black Tortoise: Being the Strange Story of Old Frick's Diamond

by Christian Sparre

I read as follows:—

... The examination of the witnesses for the defence was concluded, and the public prosecutor rose. His speech was short and pithy.

He thought all must agree that the charge he had preferred against the accused had been fully proved by the evidence given in court.

With regard to the responsibility of the accused, he also believed that this had been asserted beyond all doubt; the opinion of the medical men was definite, and the evidence by which the defence had attempted to weaken these were but of little value. He did not believe for a moment the counsel for the defence would seriously question the responsibility of the accused. That the feeling of having committed a great crime, and of having to answer for it, might have caused the conduct of the accused to appear strange, and to some degree self-contradictory, was only natural.

That the accused had retracted her first confession, and later on had refused to give any explanation whatever in the court, might perhaps surprise some, but it could in no way weaken the clear and distinct proofs of her guilt. It was perhaps to be regretted that the police had not succeeded in ascertaining where the money for the stolen object had disappeared to, as this circumstance prevented any possible accomplices being brought to justice. It was likewise to be regretted that motives for the crime could not be sufficiently explained; but the accused was no doubt herself principally to be blamed for this, through her persistent silence. None of these circumstances ought, however, to have any influence upon the answer of the jury to the question, "Guilty or not guilty?"

The counsel for the accused rose to begin his speech for the defence. He seemed at first to be somewhat uncertain, but he soon decided upon the line he would take.

He did not want to conceal, he said, that he was in a very difficult position, and the one who made his position most difficult of all was his client.

All had heard that the young girl who was charged with having stolen the diamond, which was now lying upon the table in court, had at first confessed, but had afterward retracted her confession, and otherwise refused any information whatsoever in the matter. But what every one, in all probability, did not know, was that she had maintained the same silence with regard to him, her counsel and adviser. He had not succeeded in getting a single word from her lips, except the assurance that she would say nothing, would answer no questions, and would give no information. "I thought it only right," continued the young advocate, "to make this open declaration, in order that my inability to give information which might be to the advantage of my client, should not be misunderstood. You must not believe that I have received any information from her, and that I have not found it to her advantage to make use of it.

"It appears to me, and I hope the gentlemen of the jury will agree with me, that the unfortunate girl, paralyzed by the terrible blow of suspicion which has fallen upon her, and feeling how terribly hopeless her case is, through the strong appearances against her at almost every step, has found it expedient to draw within herself and keep silence, just as the hunted deer withdraws to its cave, even if death awaits it there. No one has a right to construe my client's silence as a confession, or the result of a consciousness of guilt.

"The diamond was stolen in the interval between five and half-past seven in the afternoon. Of these two hours and a half my client spent only half an hour's time within the walls of Villa Ballarat, while many persons were present there during the whole time. It has been proved, says the public prosecutor, that no stranger could have gained admission there during that time; but can we be so sure of that? An agile man can easily climb over the railings—no one will deny that. The police examined the ground round about, and no trace was found, may be said in objection. But we know that expert criminals are often very dexterous in destroying all traces after them; and no one will maintain that the police are so infallible that a trace cannot have escaped them.