As they were
to be called as witnesses they would not be allowed in court until after
they had given their evidence.
Mr. Walters in his opening address paid tribute to the exceptional
circumstances of the case by some slight show of nervousness. Several
times he insisted that the case was what he termed unique. The prisoner
in the dock was a man who by his distinguished abilities had won for
himself a leading position at the bar, and had been honoured and
respected by all who knew him. It was not the first occasion that a
member of the legal profession had been placed on trial on a capital
charge, though he was glad to say, for the honour of the profession, that
cases of the kind were extremely rare. But what made the case unique was
that it was not the first trial in connection with the murder of Sir
Horace Fewbanks, and that at the first trial when a man named Frederick
Birchill had been placed in the dock, the prisoner now before the court
had appeared as defending Counsel, and by his brilliant conduct of the
defence had materially contributed to the verdict of acquittal which had
been brought in by the jury. Some evidence would be placed before the
jury about the first trial and the conduct of the defence.
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