It was necessary
for Hill's purpose that Birchill should come across the corpse; then he
would be vitally interested in diverting suspicion from himself
(Birchill) and that is why he cunningly revealed to Birchill that Sir
Horace had returned. I put it to the jury that such is a more probable
explanation of how Sir Horace met his death than that he was shot down
by Birchill. I ask you again to remember that the body was fully dressed
when it was found by the police. I put it to you that in this matter the
prisoner walked into a trap prepared by his more cunning fellow
criminal. And I urge you, with all the earnestness it is possible for a
man to use when the life of a fellow creature is at stake, not to be led
into a trap--not to play the part this cunning criminal Hill has
designed for you--in the sacrifice of the life of an innocent man for
the purpose of saving himself from his just deserts. Looking at the
whole case--as you will not fail to do--with the breadth of view of
experienced men of the world, with some knowledge of the workings of
human nature, with a natural horror of the depths of cunning of which
some natures are capable, with a deep sense of the solemn responsibility
for a human life upon you, I confidently appeal to you to say that the
prisoner was not the man who shot Sir Horace 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.
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