DOI Page / Citation link:
https://doi.org/10.11588/diglit.70300#0532
486 kirby’s wonderful museum.
uncle’s name was mentioned, it appears she felt herself af-
fected. All the persons, at least most of them, at the table
were strangers to her; she was oppressed, and, she says, she
left the room. In this part of her story she is clearly cor-
rect, for Mr. Tempter states that she did actually leave the
room.
Except in the first part of what I have mentioned, her
account of the transaction itself, and an amazing transaction
it is, is uncontradicted. There is no contradiction on the
other side ; the only thing which raised a doubt in my mind
was as to the fact itself, and there was much singularity in
it. It does appear a little extraordinary, that this young
lady should have been pulled out of bed, and that she should
have been pulled down stairs without waking her uncle or
aunt. But we all know that the deepest sleep we have is
sometimes, if not generally, in the early part of the evening;
and that the first sleep is always the soundest. It is highly
probable, therefore, that neither this gentleman nor his wife
heaid any thing of what was going forward.
Under these circumstances, and not doubting your judg-
ment, because if you had been determined the other way,
against the present impression upon my mind, I should have
thought it my duty to have summed up the case, and stated
the different points for your consideration ;—I certainly can-
not say that I am disposed to trespass upon your attention, or
of calling upon you to hear my brother Pell, who, I see, was
prepared to address you in reply.
Mr. Bankes. My Lord, I think I ought to state, that the
Jury conceive, that the evidence against Elizabeth Snell is
not so strong as against the others; she appears to have been
much less implicated.
Mr. Justice Park. I ought to have remarked upon that:
I have anxiously looked, and, I think, the evidence against her
is too slight to warrant a conviction—perhaps my brother Pell
will consent to her acquittal.
Mr. Serjeant Pell. I would not press her conviction..
uncle’s name was mentioned, it appears she felt herself af-
fected. All the persons, at least most of them, at the table
were strangers to her; she was oppressed, and, she says, she
left the room. In this part of her story she is clearly cor-
rect, for Mr. Tempter states that she did actually leave the
room.
Except in the first part of what I have mentioned, her
account of the transaction itself, and an amazing transaction
it is, is uncontradicted. There is no contradiction on the
other side ; the only thing which raised a doubt in my mind
was as to the fact itself, and there was much singularity in
it. It does appear a little extraordinary, that this young
lady should have been pulled out of bed, and that she should
have been pulled down stairs without waking her uncle or
aunt. But we all know that the deepest sleep we have is
sometimes, if not generally, in the early part of the evening;
and that the first sleep is always the soundest. It is highly
probable, therefore, that neither this gentleman nor his wife
heaid any thing of what was going forward.
Under these circumstances, and not doubting your judg-
ment, because if you had been determined the other way,
against the present impression upon my mind, I should have
thought it my duty to have summed up the case, and stated
the different points for your consideration ;—I certainly can-
not say that I am disposed to trespass upon your attention, or
of calling upon you to hear my brother Pell, who, I see, was
prepared to address you in reply.
Mr. Bankes. My Lord, I think I ought to state, that the
Jury conceive, that the evidence against Elizabeth Snell is
not so strong as against the others; she appears to have been
much less implicated.
Mr. Justice Park. I ought to have remarked upon that:
I have anxiously looked, and, I think, the evidence against her
is too slight to warrant a conviction—perhaps my brother Pell
will consent to her acquittal.
Mr. Serjeant Pell. I would not press her conviction..