CHAPTER XII
THE TRIAL OF FRANK MERRILL
The trial of Frank Merrill on the charge that he "did on the twenty-eighth day of June in the year of our Lord one thousand nine hundred—wilfully and wickedly kill and slay by a pistol shot John Minute" was the sensation of a season which was unusually prolific in murder trials. The trial took place at the Lewes Assizes in a crowded courtroom, and lasted, as we know, for sixteen days, five days of which were given to the examination in chief and the cross-examination of the accountants who had gone into the books of the bank.
The prosecution endeavored to establish the fact that no other person but Frank Merrill could have access to the books, and that therefore no other person could have falsified them or manipulated the transfer of moneys. It cannot be said that the prosecution had wholly succeeded; for when Brandon, the bank manager, was put into the witness box he was compelled to admit that not only Frank, but he himself and Jasper Cole, were in a position to reach the books.
The opening speech for the crown had been a masterly one. But that there were many weak points in the evidence and in the assumptions which the prosecution drew was evident to the merest tyro.
Sir George Murphy Jackson, the attorney general, who prosecuted, attempted to dispose summarily of certain conflictions, and it had to be confessed that his explanations were very plausible.
"The defense will tell us," he said, in that shrill, clarion tone of his which has made to quake the hearts of so many hostile witnesses, "that we have not accounted for the fourth man who drove up in his car ten minutes after Merrill had entered the house, and disappeared, but I am going to tell you my theory of that incident.
"Merrill had an accomplice who is not in custody, and that accomplice is Rex Holland. Merrill had planned and prepared this murder, because from some statement which his uncle had made he believed that not only was his whole future dependent upon destroying his benefactor and silencing forever the one man who knew the extent of his villainy, but he had in his cold, shrewd way accurately foreseen the exact consequence of such a shooting. It was a big criminal's big idea.