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."
"Mr. Nimble," said his Lordship solemnly, "he might have shown he was
elsewhere."
"Yes, my lord; but the prisoner admits being present: he doesn't set up
an _alibi_."
"Gentlemen, you hear what the learned counsel says: he admits that the
prisoner was present; that is corroborative of the story told by the
prosecutrix. Now, if you find a witness speaking truthfully about one
part of a transaction, what are you to infer with regard to the rest?
Gentlemen, the case is for you, and not for me: happily I have not to
find the facts: they are for you--and what are they? This woman, who is
an ironer, was going along a lonely lane, proceeding to her home, as she
states--and again I say there is no contradiction--and she meets this
man; he accosts her, and then, according to her account, assaults her,
and in a manner which I think leaves no doubt of his intention--but that
is for you. I say he assaults her, if you believe her story: of course,
if you do not believe her story, then in the absence of corroboration
there would be an end of the case. But is there an absence of
corroboration? What do we find, gentlemen? Now let me read to you the
evidence of Police Constable Swearhard. What does he say? 'I was coming
along the Lover's Lane at nine twenty-five, and I saw two persons, whom I
afterwards found to be the prosecutrix and the prisoner.' 'You will
mark that, gentlemen, the prisoner himself does not suggest an _alibi_,
that is to say, that he was el
|