Literature.

Taranaki Daily News, Volume XLVI, Issue 220, 21 September 1904, Page 4

Literature.

COUNSEL FOH THE CROWN

The prisoner had eleoted to give *rklence on his own behalf,-and had the dock for the witness-box.- An map, he had made a bad oil *the jury by hanging to head duping the speech lor tbe prosecution. That over, however, he seemed to 'brighten up, and cross-examined the w : itnepses lor the Crown With a smartness and ability Hh«t they did not appreciate. Now fcs was giving his own evidence with 0 clearness and precision thivt told vilv ii\ his favour. On tius Crown side of the court, though there was no doubt as to his guilt, there was some as to whether be would be found guilty. The man's (Word was a bad one. Three times bad he been convicted for forgery. In the , ejes of the criminal lawyer, «r barrister, this was more than sutficienrt :to copdeian him for a fourth. But tihe jiary would not learn the fact till after the verdict, and meantime the evidence against him bad not been wholly conclusive. Huch depended on the way he gave big, own testimony, and the barrister leading ii>r the Crown leant forward And watched him narrowly. The prisoner's story was plausible enough. The case was one of mistaken identity. The witnesses, who bad Sworn ,to seeing him enter the feenk, and 'jge't the cashed, jreie Theirs was the only svideaca against him, anjd the jury bad seen them hesitate to identify bim, though they were upon oath to do so. v On tile very day they had sworn ta this happening, he was thirty Miles away in a village of Hampshire £>y name Kelsham. He had gone there in response to a telegram Ije received from his wile—whom he btd sot seem for some years—the telegram he handed up to the judge.

. Vita it was the return half of the ' railway ticket, which the prisoner explained ha (lid not uae, as he accompanied his wife to a town somo fifteen miles distant on another line,, but he produced it with the telegram ja support of bis statement. Them fea turned and faced the counsel for , (be prosecution, wh 0 sprang up at 90ce to cross-examine. A young man, the case meant to fain, a good deal. His rise at the bar fead beem rapid, so rapid that older barristers were wondering how he Came tot» briefed by the Treasury in a case that was touch and go. The young advocate himself did not' Wander, but he knew that, if a verdict of guilty were returned, his own career, was probably assured. And lie ,wbb striving his utmost that no looplwlfi should 'be left for the unhappy prisoner to escape. *•' How. comes it," he commenced, >•' ttat if, as you say, you had not seen your Wife for years, she should suddenly' seed you a telegram ? "

" She sent' it in answer to a letter from me," the prisoner answered. Indeed. What was the letter a&put 1? was'the purport of the meeting ? " "I ha& written asking her for moWi" Cpgflael for the Crown laughed sarcastically,' and shrugged his shoulders,

"So," he said, "you, who had tKCB so excellent a husband that you hald not spoken to your wife for years, did . not hesitate to ask money from her 1 " I was destitute," the prisoner said.

Destitute •? Then pray how did you pay your fare down to Kelsbmmi?"

Theprisoner had his reply ready. v She, my wife, wired me the money. U you look at the telegram you will me she says so." Here the judge Interposed. " I had betten perhaps read the telegram, which the prisoner has put fa as evidence," he remarked. "It on the usual official form, and it gays, 'Received at Charing Cross V,BO, June 19th'—the date you will recollect, gentlemen, on which this) Cheque was cadiied—' Am wiring you trJfQ pounjds. Meet me this afternoon IfaljHbam railway station, a o'clock. »-4ltuie.' It is interesting to note «lao that the prisoner happened to preserve the envelope, on which is his name and address." Counsel for the Crown paused. So cross-examination had only ♦aided to strengthen the prisoner's Statement. An older man would have got to work more slowly, and more damaging. He bent down apparently to lead Something on> his brief, really to gain Ume for consideration. Then he recommenced this time more adroitly. " You know, I suppose, that the taw which permits you to be called On your own behalf, permits your frife to give evidence also ? " The prisoner nodded. " And have you bad her subpeonato db TO ? " ■" No," was the reply. Counsel for/fie Crown shot a look of triumph at the jury and presses home the point at once. "What," he exclaimed. "Here are you charged with this Serious offence. You know perfectly well What the evidence will be against y o u. say that you are innocent, that JMu, yjere talking with your wife thir-

ty niiiqs away at the time this cheque was cashed, and yet, fors 00 th, you \ come into court, preferring to rely OB ( a and a railway ticket, when, fiad you chosen, you c o uld have called a woman whose testimony would have established your innocence beyond dispute. Why, it is incredible." The prisoner did not flinch under tihe outburst, telling as it was ( '¥y wile has had enough to suffer o* my account," he said doggedly. "I do not choose that she should Buffer a,ny more.'"So that you will run the risk of being found guilty of a charge of irtiidh you ore innocent. Pray, what fa th*£*e for her to suffer in coming % coming here to speak the truth ?" The prisoner was silent, and coun*Bl tor the Crown, having glanced triumphantly at the jury again, pulled up his gown, and opened the attack once more. (To be continued.)