You will form your
own opinion of its value. My friend has adopted this way of saying a
great deal to you--and very eloquently--on the score of youth,
temptation, and the like. I might point out, however, that the
offence with which the prisoner is charged is one of the most serious
known to our law; and there are certain features in this case, such
as the suspicion which he allowed to rest on his innocent fellow-clerk,
and his relations with this married woman, which will render it
difficult for you to attach too much importance to such pleading. I
ask you, in short, gentlemen, for that verdict of guilty which, in the
circumstances, I regard you as, unfortunately, bound to record.

Letting his eyes travel from the JUDGE and the jury to FROME, he
sits down.

THE JUDGE. [Bending a little towards the jury, and speaking in a
business-like voice] Gentlemen, you have heard the evidence, and the
comments on it. My only business is to make clear to you the issues
you have to try. The facts are admitted, so far as the alteration of
this cheque and counterfoil by the prisoner. The defence set up is
that he was not in a responsible condition when he committed the
crime. Well, you have heard the prisoner's story, and the evidence
of the other witnesses--so far as it bears on the point of insanity.
If you think that what you have heard establishes the fact that the
prisoner was insane at the time of the forgery, you will find him
guilty, but insane. If, on the other hand, you conclude from what
you have seen and heard that the prisoner was sane--and nothing short
of insanity will count--you will find him guilty. In reviewing the
testimony as to his mental condition you must bear in mind very
carefully the evidence as to his demeanour and conduct both before
and after the act of forgery--the evidence of the prisoner himself,
of the woman, of the witness--er--COKESON, and--er--of the cashier.
And in regard to that I especially direct your attention to the
prisoner's admission that the idea of adding the 'ty' and the nought
did come into his mind at the moment when the cheque was handed to
him; and also to the alteration of the counterfoil, and to his
subsequent conduct generally. The bearing of all this on the
question of premeditation [and premeditation will imply sanity] is
very obvious. You must not allow any considerations of age or
temptation to weigh with you in the finding of your verdict. Before
you