Chapter 11

THE PEBBLE AND THE WINDOW.



Miss Meadowcroft and I were the only representatives of the family at the farm who attended the trial. We went separately to Narrabee. Excepting the ordinary greetings at morning and night, Miss Meadowcroft had not said one word to me since the time when I had told her that I did not believe John Jago to be a living man.

I have purposely abstained from encumbering my narrative with legal details. I now propose to state the nature of the defense in the briefest outline only.

We insisted on making both the prisoners plead not guilty. This done, we took an objection to the legality of the proceedings at starting. We appealed to the old English law, that there should be no conviction for murder until the body of the murdered person was found, or proof of its destruction obtained beyond a doubt. We denied that sufficient proof had been obtained in the case now before the court.

The judges consulted, and decided that the trial should go on.

We took our next objection when the confessions were produced in evidence. We declared that they had been extorted by terror, or by undue influence; and we pointed out certain minor particulars in which the two confessions failed to corroborate each other. For the rest, our defense on this occasion was, as to essentials, what our defense had been at the inquiry before the magistrate. Once more the judges consulted, and once more they overruled our objection. The confessions were admitted in evidence. On their side, the prosecution produced one new witness in support of their case. It is needless to waste time in recapitulating his evidence. He contradicted himself gravely on cross-examination. We showed plainly, and after investigation proved, that he was not to be believed on his oath.

The chief-justice summed up.

He charged, in relation to the confessions, that no weight should be attached to a confession incited by hope or fear; and he left it to the jury to determine whether the confessions in this case had been so influenced. In the course of the trial, it had been shown for the defense that the sheriff and the governor of the prison had told Ambrose, with his father's knowledge and sanction, that the case was clearly against him; that the only chance of sparing his family the disgrace of his death by public execution lay in making a confession; and that they would do their best, if he did confess, to have his sentence commuted to imprisonment for life. As for Silas, he was proved to have been beside himself with terror when he made his abominable charge against his brother. We had vainly trusted to the evidence on these two points to induce the court to reject the confessions: and we were destined to be once more disappointed in anticipating that the same evidence would influence the verdict of the jury on the side of mercy. After an absence of an hour, they returned into court with a