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Brampton, Henry Hawkins, Baron, 1817-1907

"The Reminiscences of Sir Henry Hawkins (Baron Brampton)"


The body had been buried and was exhumed. Three grains of strychnine
were found by the county analyst in such parts of the stomach as were
submitted to him. Dr. Stevenson took other parts to London, and the
conclusion he came to was that at least 10 grains must have been in
the body at the time of death, while 1/2 grain has been known to be
fatal.
There was a singular circumstance in the defence of this case, one
which I have never heard before or since, and that was a complaint
that the counsel for the prisoner was "twitted" by the Crown because
he had not called _evidence for the defence_. The jury were solemnly
asked to remember that if one jot or tittle of evidence had been put
forward, or a single document put in by him, the prisoner's counsel,
he would _lose the last word on behalf of the prisoner_! Of course,
counsel's last word may be of more value than some evidence; but the
smallest "jot or tittle" of evidence, or any document whatever that
even _tends_ to prove the innocence of the accused, is of more value
than a thousand last words of the most powerful speaker I have ever
listened to. And I would go further and say that evidence in favour of
a prisoner should never be kept back for the sake of the last word.
It is the bounden duty of counsel to produce it, especially where
evidence is so strong that no speech could save the prisoner.


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