Efforts for Release
The public are not probably fully aware how much intensity of feeling and earnest work has been expended on my case during the fourteen and one-half years of my imprisonment. The Home Office knows. Men in high positions in both political parties in England have often united in demanding a new trial. The almost invariable reply has been that the best means to effect my release was to obtain new facts or evidence, and submit these to the Home Secretary for his consideration. Those well-meaning advisers seemed to forget that the half million of petitioners for my reprieve or free pardon in England—not to count those in America—were not moved thereto by new facts or evidence, but by the absence of facts or evidence sufficient to prove that the alleged crime had been committed by any one, or that either guilt or complicity in that crime, if crime it were, attached to me. Surely it is not the business of the public nor of individual citizens to prove the innocence of any unhappy person whom process of law selects for punishment, while it is the business of every citizen to see that the courts incontestably prove the guilt of any person accused of a crime before sentence is passed, in the following manner:
1. It must be proved that a crime has been committed.
2. It must be proved beyond a reasonable doubt that the accused person is the one who committed it.
Even New Evidence Superfluous
Neither condition has yet been fulfilled in my case. The evidence on which a half million petitioners said and say I was unjustly condemned is sufficient in itself. While it is true if a new trial had been granted me I could have produced new evidence that overwhelmingly demonstrated my innocence, it is also true that more facts or new evidence were not requisite to enable justice to be done.
The Doctors’ Doubt
The doctors who gave evidence in favor of death by arsenical poisoning all stated that they would not have felt certain on the subject if the one-tenth of a grain of arsenic had not been found in the body. Therefore, since the presence of that arsenic could be otherwise accounted for, I was entitled to an acquittal even on the evidence of the Crown medical witnesses. Moreover, the symptom on which two or three doctors for the prosecution laid most stress—continuous vomiting—was referred by the third to morphia administered by himself. All three were examined before any evidence of Mr. Maybrick’s habit of arsenic taking was given. Had they believed him to be an arsenic eater, they might have arrived at a different conclusion. The doctors for the defense, who declared that Mr. Maybrick’s symptoms were not those of arsenical poisoning, were men of far more experience as regards poisons than the Crown medical witnesses. The quantity of arsenic found in the body was, in their opinion, quite consistent with administration in medicinal doses, and might have been introduced a considerable time before.
The proved administration of poison with intent to kill is punishable by penal servitude, but not necessarily for life—sometimes for only three years; but the charge must be proved in open court to be a felonious attempt by some means actually used to effectuate the intent, and it remains with the prosecution to produce the necessary evidence that the means used were sufficient for the accomplishment of the effect.