“There, now you have it,” said the Judge, “she is an ironer; stop, let me take that down, ‘I am an ironer.’”
The cross-examination continued, somewhat in an
angry tone no doubt, and amid frequent interruptions; but Mr. Nimble always thumped down the ponderous Taylor upon any objection of the learned Judge, and crushed it as though it were a butterfly.
Next the policeman gave his evidence, and was duly cross-examined. Mr. Nimble called no witnesses; there were none to call: but addressed the jury in a forcible and eloquent speech, stigmatizing the charge as an utterly preposterous one, and dealing with every fact in a straightforward and manly manner. After he had finished, the jury would undoubtedly have acquitted; but the learned Judge had to sum up, which in this, as in many cases at Quarter Sessions, was no more a summing up than counting ten on your fingers is a summing up. It was a desultory speech, and if made by the counsel for the prosecution, would have been a most unfair one for the Crown: totally ignoring the fact that human nature was subject to frailties, and testimony liable to be tainted with perjury. It made so great an impression upon me in my dream that I transcribed it when I awoke; and this is the manner in which it dealt with the main points:—
“Gentlemen of the Jury,
“This is a case of a very serious character (the nature of the offence was then read from Roscoe), and I am bound to tell you that the evidence is all one way: namely, on the side of the prosecution. There is not a single affidavit to the contrary. Now what are the facts?”
Mr. Nimble: “Would your lordship pardon me—whether they are facts or not is for the jury.”
“I am coming to that, Mr. Nimble; unless contradicted they are facts, or, at least, if you believe them,
gentlemen. If the evidence is uncontradicted, what is the inference? The inference is for you, not for me; I have simply to state the law: it is for you to find the facts. You must exercise your common sense: if the prisoner could have contradicted this evidence, is it reasonable to suppose he would not have done so with so serious a charge hanging over his head?”
“My lord, may I ask how could the prisoner have called evidence? there was no one present.”