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There is only one passage of his summing-up that I wish to criticise fully. It contains his statement of the Law of Blasphemy. But as he made a very different statement four days later on at our second trial, I prefer to wait until, by placing these discrepant utterances together, I can give the reader a fair idea of Justice North's authority as a legal oracle. The jury retired at five o'clock.
And he had to extract what satisfaction he could from her final, vague summing-up. "It went with the chairs and all the rest." "Mama," said Imogen, "who is Sir Basil?" She had picked up a letter from the hall table as she and Jack passed on their way up-stairs after their walk, and she carried it into the library with the question. Mrs. Upton was making tea beside the fire, Mrs.
Hatch; he had been rescued at the eleventh hour some said by the efforts of Gus Trenor and Rosedale and despatched to Europe with old Ned Van Alstyne; but the risk he had run would always be ascribed to Miss Bart's connivance, and would somehow serve as a summing-up and corroboration of the vague general distrust of her.
The elder Seneca, one of his ablest literary contemporaries, observes, in a fine passage, that when historians reach in their narrative the death of some great man, they give a summing-up of his whole life as though it were an eulogy pronounced over his grave. Livy, he adds, the most candid of all historians in his appreciation of genius, does this with unusual grace and sympathy.
But if the barrister was satisfied with the possibilities suggested by this new evidence, the gist of which had apparently altered the whole aspect of the case, the Coroner obviously was not. Ever since Mrs. Mallett had interrupted his summing-up to the jury, he had shown signs of fidgetiness.
Holmes, reprinted in Essays and Discussions, and it completely upsets the whole scheme of arrangement of Lord Penzance's summing-up, which proceeds on the easy footing that the more difficulties you throw in Shakespeare's path the smoother becomes Bacon's. That there are difficulties in Shakespeare's path, some things very hard to explain, must be admitted. Lord Penzance makes the most of these.
The Queen was dead, and the air of the greatest city upon earth grey with unshed tears. Fur-coated and top-hatted, with Annette beside him in dark furs, Soames crossed Park Lane on the morning of the funeral procession, to the rails in Hyde Park. Little moved though he ever was by public matters, this event, supremely symbolical, this summing-up of a long rich period, impressed his fancy.
We are not going to attempt any analysis or summing-up of the case at present. It will be time enough to do that after the dramatis personae have undergone an examination in court, but we would again warn our readers against looking for any decisive result from the legal trial.
The case was long and complex; the advocates were long and eloquent; but at last, after weeks of work and rhetoric, the time came for the great judge to give a summing-up; and one of his celebrated masterpieces of lucidity and pulverizing logic was eagerly looked for. He had spoken very little during the prolonged affair, and he looked sad and lowering at the end of it.
My ingenuity failed of its due reward; for the heavens, as if in league with my cousin, emptied themselves before morning, and punctually at ten Eleanor and the sun appeared together in my office. I hardly listened, as we descended the Museum steps and got into Eleanor's hansom, to her vivid summing-up of the case.
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