Page:Henry Northcote (IA henrynorthcote00snairich).pdf/281

 taken place had the defence been in a position to present its testimony, and to marshal its facts with a skill equal to that enjoyed by the prosecution. The most material issue in the case was never presented at all. Its existence was not even revealed. Neither the prosecuting counsel nor the presiding judge was aware that the defence had this implement in its possession until long after this miscarriage had been consummated. Do not misunderstand me, gentlemen; I hold no brief for myself; I accept the whole of the responsibility for what took place. It was my duty to unveil that which was hidden, and to present it adequately to the jury. I failed in that duty, because from the beginning of the case the defence was overshadowed. The actual murderer himself was called in evidence by the Crown; it was upon his unshaken testimony that the verdict was rendered; but as was only learned when too late, had one obscure question been pressed home in cross-examination to this murderer who had perjured himself to conceal his guilt, his testimony could not have lived five minutes in any impartial mind, and a lamentable, a grievous miscarriage of justice would not have stained the annals of this English justice of which very rightly and properly we are so proud."

Again a profound silence had descended upon the court. The painful and close-breathing intensity with which all in that crowded assembly had followed the prisoner's advocate through the devious courses of his address was now extended to the judge. There was nothing in the words he used to call forth this hush of excited expectation, but the emotion with which they were in