His Other Wife: A Novel — page 359: what you’re looking at

Machine-transcribed from the original scan — historical spelling and the odd misread are preserved.

SENTENCED AND RECLAIMED. 351 of the prosecution, it is almost entirely circumstantial (the only eye-witness being of no value in point of law), yet so conclusive as to seem incontrovertible. On the part of the prisoner, the testimony is equally conclusive, and more direct, which establishes the fact of mistaken identity. ‘“It has been demonstrated that the witnesses for the defense were unable to mention any personal peculiarity, or designating mark, that could satisfy the court of their certain acquaintance with the prisoner; while, on the other hand, the chief witness for the prosecution has been able to certify her knowledge of the prisoner by a most unmistakable test. ‘‘Tt cannot be disputed that it is quite possible for the witness, Rachel Croft, to have obtained surreptitious in- formation from the turnkey of the prison concerning the singular mark upon the right shoulder of the prisoner, and it is for you to decide the plausibility of this idea, taking into consideration all that has been proven and not proven in your hearing, always giving the accused the benefit of a reasonable doubt. ‘“*Tt is for you to form your opinions on the fate of the prisoner apart from all extraneous suggestions, according tothe best of your judgment and upon your conscience, and as you shall find out the truth, so you will pronounce your verdict.” | | The jury retired from the court-room, and for the space of several minutes a solemn quiet pervaded the crowd. Eomicbooks. Eco mM