The Curse of Carne's Hold: A Tale of Adventure

by G. A. Henty

In all that had been said the evidence pointed against him, and him only, as the author of the crime; no hint of suspicion had been dropped against any other person; and the manner in which the crime had been committed indicated strongly that it was the act of a person actuated by jealousy, or animosity rather than that of a mere burglar. This view of the case was strongly brought out by the counsel for the prosecution.

"The theory of the prosecution is," he said, "not that this unfortunate gentleman, while in the full possession of his senses, slew this lady, to whom he was nearly related, and for whom he had long cherished a sincere affection—the character you have heard given him by so many witnesses would certainly seem to show him to be a man incapable of such a crime. Our theory is that the latent taint of insanity in his blood—that insanity which, as you have heard from Dr. Arrowsmith and other witnesses, is hereditary in his ancestors on his mother's side, and has, before now, caused calamities, almost if not quite as serious as this—suddenly flamed out. We believe that, as has been shown by witnesses, he galloped away many miles over the country, but we believe that at last, wrought up to the highest pitch of frenzy, he returned, scaled the wall, opened the window, and murdered Miss Carne. You have heard that he was subject to moody fits, when he shunned all society; these fits, these wild rides you have heard of, are symptoms of a disordered mind. Perhaps had all gone happily with him, the malady would not have shown itself in a more serious form.

"Unfortunately, as we know, there was sharp and sudden unhappiness—such unhappiness as tries the fibre even of the sanest men, and might well have struck a fatal blow to his mind. It is not because you see him now, calm and self-possessed, that you are to conclude that this theory is a mistaken one. Many, even the most dangerous madmen, have long intervals when, apparently, their sanity is as perfect as that of other people. Then suddenly, sometimes altogether without warning, a change takes place, and the quiet and self-possessed man becomes a dangerous lunatic—perhaps a murderer.

"Such, gentlemen, is the theory of the prosecution. You will, of course, weigh it carefully in your minds, and it will be your duty, if you agree with it, to give expression to your opinion in your verdict."

The judge summed up the case with great care. After going through the evidence piecemeal, he told the jury that while the counsel for the defence had insisted upon the uncertainty of circumstantial evidence, and the numerous instances of error that had resulted from it, it was his duty to tell them that in the majority of cases of murder there could be, from the nature of things, only circumstantial evidence to go upon, for that men did not commit murder in the open streets in sight of other people. At the same time, when circumstantial evidence alone was forthcoming, it was necessary that it should be of the most conclusive character, and that juries should, before finding a verdict of guilty, be convinced that the facts showed that it was the prisoner, and he only, who could have done the deed.

"It is for you, gentlemen, to decide whether the evidence that has been submitted to you does prove, absolutely and conclusively to your minds, that the prisoner must have been the man who murdered Miss Carne. Counsel on both sides have alluded to the unquestioned fact that madness is hereditary in the family of the prisoner; whether or not it is inherited by him, is also for you to decide in considering your verdict. You will have to conclude first whether the prisoner did or did not commit this murder. If you believe that he did so, and that while he did so he was insane, and incapable of governing his actions, your duty will be to find him not guilty upon the ground of insanity."

The general tenor of the summing-up certainly showed that in the opinion of the judge the evidence, although strong, could not be considered as absolutely conclusive. Still, the bias was not strongly expressed, and when the jury retired, opinions in court were nearly equally divided as to what the verdict would be.

When he left the witness-box, Dr. Arrowsmith made his way to the corner in which one of the policemen had placed Ruth after giving her evidence. She had done this with a steadiness and composure that had surprised the doctor; she had fortunately escaped much questioning, for the counsel saw how fragile and weak she looked, and as she had but entered the room, seen her mistress dead, fainted and left again, there was but little to ask her. The questions put were: "Was the jewellery safe in the box when she left the room the night before? Did she remember whether the window was fastened or not?" To this her reply was negative. Miss Carne had shut it herself when she went up in the afternoon, and she had not noticed whether it was fastened. "Was the blind a Venetian or an ordinary roller blind?"

"A roller blind."

"Then, if the window opened, it could be pushed aside without noise. Did you notice whether the candlesticks were standing where you had left them?"