ion of
fact in each case, and a question of fact is eminently one for the
jury, and where they are satisfied that a death has taken place, it
would be the height of folly for their verdict to be set aside because
there was not exactly what would enable a coroner to hold an inquest.

'In the present case, however, as a matter of fact, an inquest has
been held. The proceedings have gone on all along on the assumption
which every reasonable man must have formed, namely, that the body of
the deceased had been committed to the waves. To set aside the
conviction under such circumstances is simply to encourage crime, and
to hold out a guarantee of safety to every murderer who will take a
little trouble to conceal the remains of his victim.'

When Appleby had finished, Prescott made a brief reply. He confined
himself to saying that this was a case of interpreting the law, and
not of framing it anew on the ground of expediency. But, he added,
even if the court had to decide without reference to authority, he
should still be prepared to urge that the danger of convicting one
innocent person must always outweigh that of granting immunity to any
number of felons, and he reminded their lordships how very rarely such
a circumstance as the present occurred in actual experience.

When the judges came to give their opinions it was at once evident
that the court was divided. In accordance with old etiquette, the
youngest judge delivered himself first, and he, with some hesitation,
declared in favour of the prisoner. But the next three all took the
opposite side, and did so with great firmness. After them came another
who supported Prescott's view, and then one who sided against him. Sir
Daniel Buller repeated his decision at the trial, and Sir John Wiseman
dwelt with elaboration on the reasons which swayed his cautious mind
to the opposite view.

But the member of the court who was listened to with most attention
by his brethren was Sir Stephen James, who had made a European
reputation by his studies in criminal law. His works on the subject
were in every library, and his mere dictum carried almost as much
weight as a decided case. When it began to be evident that he was
going in the prisoner's favour, Prescott took courage again.

His lordship's decision was brief, and to the point.

'When I am asked to apply a rule of law to a state of facts,' he said,
'and it appears doubtful whether or no the facts are included in the
strict w