He ventured to
assert that the jury would find in this evidence some damaging facts
against the prisoner--that they would find a clear indication that the
prisoner had defended Birchill because he knew himself to be guilty of
this murder, and felt an obligation on him to place his legal knowledge
and forensic powers at the disposal of a man whom he knew to be innocent.
At the former trial the prisoner, as Counsel for the defence, had
attempted to throw suspicion on a man named Hill, who had been butler to
the late Sir Horace Fewbanks, but evidence would be placed before the
jury to show that in doing so the prisoner had been smitten by some pangs
of conscience at casting suspicion on a man who he knew was not guilty.
It was not incumbent on the prosecution to prove a motive for the murder,
continued Mr. Walters, though where the motive was plainly proved the
case against the prisoner was naturally strengthened. In this case there
was no doubt about the motive, but the extent of the evidence to be
placed before the jury under that head would depend upon the defence. The
prosecution would submit some evidence on the point, but the full story
could only be told if the defence placed the wife of the prisoner in the
witness-box.
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