orace Fewbanks, and to bring in a
verdict of 'not guilty,'"
A short discussion arose between the bench and bar on the question of
adjourning the court or continuing the case in the hope of finishing it
in a few hours. Sir Henry Hodson wanted to finish the case that night,
but Counsel for the prosecution intimated that his address to the jury
would take nearly two hours. As it was then nearly five o'clock, and His
Honour had to sum up before the jury could retire, it was hardly to be
hoped that the case could be finished that night, as the jury might be
some time in arriving at a verdict. His Honour decided to adjourn the
court and finish the case next day.
CHAPTER XIX
Mr. Walters began his address to the jury on orthodox lines. He referred
to the fact that his learned friend had warned them that the life of a
fellow creature rested on their verdict. It was right that they should
keep that in mind; it was right that they should fully realise the
responsible nature of the duty they were called upon to perform, but it
would be wrong for them to over-estimate their responsibility, or to feel
weighed down by it. It would be wrong for them to be influenced by
sentimental considerations of the fact that a fellow creature's life was
at stake. Strictly speaking, that had nothing whatever to do with them.
Their responsibility ended with their verdict. If their verdict was
"guilty" the responsibility of taking the prisoner's life would rest upon
the law--not on the jury, not on His Honour who passed the sentence of
death, not on the prison officials who carried out the execution. The
jury would do well to keep in mind the fact that their responsibility in
this trial, impressive and important as every one must acknowledge it to
be, was nevertheless strictly limited as far as the taking of the life of
the prisoner was concerned.
He then went over the evidence in detail, building up again the case for
the prosecution where Mr. Holymead had made breaches in it, and
attempting to demolish the case for the defence. Hill, he declared, was
an honest witness. The man had made one false step but he had done his
best to retrieve it, and with the help he had received from his late
master, Sir Horace Fewbanks, he would have buried the past effectively if
it had not been for the fact that the prisoner, who was a confirmed
criminal, had determined to drag him down. There was no doubt that
Hill's association with Birchill had been
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