y the witnesses for the State, and no evidence to offer,
except that of the prisoner himself.
"I believe the evidence of the State's witnesses to be substantially
true and therefore have made no effort to cast doubt upon it, and I
believe the testimony of the prisoner to be true, and, therefore, I rely
upon it."
Then in a more conversational tone he addressed himself to the jury.
"The unusual feature of this case," he said, "is that while the
testimony of the State would seem to make out the guilt of the prisoner,
his own story makes out his innocence, and yet both are uncontradicted
and are consistent with each other. I wish you to keep this in mind,
because, if it be as I say and the story of the prisoner be not
incredible, you cannot convict him; you must remember it is not the duty
of the defence to prove the innocence of the accused, but that of the
prosecution to establish his guilt.
"It is going to be my effort now to demonstrate to you the truth of what
I have said by an analysis of the evidence, and then I am going to do
what is more than is demanded of me as counsel for the defendant,--I am
going to try and point out to you not only the possibility of its having
been some one else than the accused who committed this deed, but who
that some one was."
Then he took up the evidence piece by piece and analyzed it. Every
doubt, every possibility in the case, which he and I had so often
discussed together, was developed and presented to the jury in its
strongest phase, till there appeared to be left no possible theory of
the crime that could make consistent all the facts.
The State's case seemed torn to shreds, and its evidence, which but a
few moments before had seemed plain as day in its application, was now
full of unsolvable mystery. I waited breathlessly to see where his
wonderful logic and eloquence would finally lead him and us, while the
jury hung in spellbound attention on his every word. Then, when he had
each one helplessly at sea looking eagerly to him for some explanation
that would fit the case and solve its doubts, he turned abruptly to the
dock and pointing to the prisoner, said:
"Forget that man; he did not do it! You must start afresh in this case
if you are to find the murderer!
"I may not tell you who he is; that is not my duty; but I will tell you
what sort of a man he is, and why and how he did this deed.
"It is all so plain that he who runs may read.
"It was a man in White
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