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The Cape of Good Hope and…


Third Day.—The Verdict. On the re-assembling of the jury on Saturday the pri- soner was placed at the bar. She appeared to be in a very depressed and nervous state. Mr. Justice Byles then proceeded to sum up the evi- dence in a most clear, succinct, and perspicuous manner, prefacing his address by saying that the case was now almost ripe for the decision of the jury. They had heard the statement of the counsel for the prosecution, which was instituted at the instance of the Government, and had been conducted temperately, fairly, and in a perspi- cuous manner; and they had also heard the statement of the learned counsel for the prisoner. He (the judge) had most anxiously considered the evidence, to ascertain what were- the points most favourable to. the prisoner, and he could not find any one of those points had escaped the notice and observation of the learned counsel for the priso er. He was happy to say that the decision was no oart of his duty it was that of the jury and the jury alone. If they believed the case fairly made out ae«*nst th« p.io"<> 4 twi. dmy to convict the prisoner, but. on the other hand, if they did not think the evidence bora out the case, they ought to give the prisoner the benefit of any doubt they might have. The learned Judge then proceeded to go through the whole of the evidence, after which the learned Judge said it was his duty to tell the jury what, in his opinion, was the effect of that evidence. It was not necessary, in point of law, to show what was the nature of tbe poison of which the deceased died; if that were so, a person more advanced in medical skill and knowledge than the rest of mankind might go on poisoning with impunity. The first point for their con- sideration was,-did the death of the deceased arise from natural causes, or poison? Now, what sort of person was the deceased ? It appeared from th9 evidence that she was vigorous, healthy, robust, a woman in the prime of life, of a chesrful disposition, of even spirits, and in the possession of sufficient means for the comforts of life in the receipt of a legacy to a person of her station .c Kf JXZ 4. 4- hn. nnfo r\' 4>ha n.f -wwrorxt- on el or lite eumcient to place ner ouT. 01 tne reacu 01 want, aim one material question for the jury was to consider how she was on the last day of her life, and the two or three days beforo. She was described as being in full health until the last illness, after she bad taken the medicine that had been administered by the prisoner; and the case came before them whether death arose from natural causes. Having referred to the letters alleged to be fabri- cated by the prisoner to throw suspicion from her and toshowthattbedecaased died by her own hand, the learned Judge instanced a case in which a man wad charged with the murder of a child that had disappeared, and he was told unless the child was produced he would be charged with the murder. Theman,at his trial, at the next assizes, produced a child which he fabricated as the one lost. The deceit was discovered, and the man condemned, whet it afterwards turned out the real child was living, and had secreted herself, owing to her uncle's ill usage, and the man was not a murderer. He alluded to the case to illustrate the cause of the fabrication of the letters. After some further general remarks, the learned judge said the duty of the jury lay between the public and the prisoner, and they were bound not to swerve from their duty. If upon the evidence they believed the prisoner guilty, they were bounds to say so, whatever were the consequences. On the other hand they were bound to give her the benefit of any reasonable doubt they might entertain. The jury retired to consider their verdict at one o'clock, and at a quarter to three they teturned to court, with a verdict of" Guilty." Sentence of death was passed, the learned judge hold- ing out no hop< of mercy.