The jury at once said they would not trouble me to sum up the case; they were perfectly satisfied that the prisoner was not guilty, and that what he said was true--that he was not in the field that night.

They accordingly acquitted him, to my perfect satisfaction.

Of course, I instantly wrote to the Home Secretary, Mr. H. Matthews (now Viscount Llandaff), who at once procured a free pardon on the former conviction, and the prisoner was restored to liberty.

This case strikingly points to the imperative demand of justice that every case shall be investigated in its minutest detail. The broad features are not by any means sufficient to fix guilt on any one accused, and it is in such cases that circ.u.mstantial evidence is often brought in question, while, indeed, the _real_ circ.u.mstances are too often not brought to light. Circ.u.mstantial evidence can seldom fail if the real circ.u.mstances are brought out. n.o.body had thought of raising a doubt as to there being _five_ persons in the field.

Upon such small points the great issue of a case often depends.

Another curious case came before me on the Western Circuit. A solicitor was charged with forging the will of a lady, which devised to him a considerable amount of her property; but as the case proceeded it became clear to me that the will was signed after the lady's death, and then with a dry pen held in the hand of the deceased, by the accused himself whilst he guided it over a signature which he had craftily forged. A woman was present when this was done, and as she had attested the execution of the will, she was a necessary witness for the prisoner, and in examination-in-chief she was very clear indeed that it was by the _hand of the deceased_ that the will was signed, and that she herself had seen the deceased sign it.

Suspicion only existed as to what the real facts were until this woman went into the box, and then a scene, highly dramatic, occurred in the course of her cross-examination by Mr. Charles Mathews, who held the brief for the prosecution.

The woman positively swore that she saw the testatrix sign the will _with her own hand_, and no amount of the rough-and-ready, inartistic, and disingenuous "Will you swear this?" and "Are you prepared to swear that?" would have been of any avail. She _had_ sworn it, and was prepared to swear it, in her own way, any number of times that any counsel might desire.

The only mode of dealing with her was adopted. She was asked,--

"Where was the will signed?"

"On the bed."

"Was any one near?"

"Yes, the prisoner."

"How near?"

"Quite close."

"So that he could hand the ink if necessary?"

"Oh yes."

"And the pen?"

"Oh yes."

"_Did he hand the pen_?"

"He did."

"_And the ink_?"

"Yes."

"There was no one else to do so except you?"

"No."

"Did he put the pen into her hand?"

"Yes."

"And a.s.sist her while she signed the will?"

"Yes."

"How did he a.s.sist her?"

"_By raising her in the bed and supporting her when he had raised her_."

"Did he guide her hand?"

"No."

"Did he touch her hand at all?"

"_I think he did just touch her hand_."

"When he did touch her hand _was she dead_?"

At this last question the woman turned terribly pale, was seen to falter, and fell in a swoon on the ground, and so _revealed the truth_ which she had come to _deny_.

CHAPTER XLI.

MR.J.L. TOOLE ON THE BENCH.

Sir Henry Hawkins was sitting at Derby a.s.sizes in the Criminal Court, which, as usual in country towns, was crowded so that you could scarcely breathe, while the air you had to breathe was like that of a pestilence. There was, however, a little s.p.a.ce left behind the dock which admitted of the pa.s.sage of one man at a time.

Windows and doors were all securely closed, so as to prevent draught, for nothing is so bad as draught when you are hot, and nothing makes you so hot as being stived by hundreds in a narrow s.p.a.ce without draught.

He happened to look up into the faces of this shining but by no means brilliant a.s.sembly, when what should he observe peeping over the shoulders of two buxom factory women with blue kerchiefs but the _head of J.L. Toole_! At least, it looked like Mr. Toole's head; but how it came there it was impossible to say. It was a delight anywhere, but it seemed now out of place.

The marshal asked the Sheriff, "Isn't that Toole?"

The answer was, "It looks like him."

We knew he was in the town, and that there was to be a bespeak night, when her Majesty's Judges and the Midland Circuit would honour, etc.

Derby is not behind other towns in this respect.

Presently the Judge's eyes went in the direction of the object which excited so much curiosity, and, like every one else, he was interested in the appearance of the great comedian, although at that moment he was not acting a part, but enduring a situation.

In the afternoon the actor was on the Bench sitting next to the marshal, and a.s.suming an air of great gravity, which would have become a Judge of the greatest dignity. There was never the faintest suggestion of a smile. He looked, indeed, like Byron's description of the Corsair:--

"And where his frown of hatred darkly fell, Hope, withering, fled, and Mercy sighed farewell."