Again, he acknowledges that he was engaged in the proposal to insure the life of Bates for £10,000. Bates being at that time superintending the stables of the prisoner at the bar, living in lodgings at 6s. 6d. a week, apparently having no property, and nothing depending upon his life, his life was to be insured for £10,000. Smith gets himself appointed agent to an insurance office, and, with a knowledge of these facts, he proposes the insurance to be accepted by the office which he represents; and can you believe such a witness who acknowledges himself to have been engaged in such fraudulent proceedings, and who, now being examined upon his oath, denies the handwriting of his own attestation to that document? Gentlemen, of his credit you are to judge. His evidence would be material as to what took place on the Monday night, because it would show that the pills that Cook took that night were taken as they had been prepared by Bamford, and before the prisoner at the bar had had any opportunity to substitute others for them in the pill box. Such is the case with regard to what took place on the Tuesday. If it stood there, and if it were believed, it would be evidence in favour of the prisoner at the bar; and you are to say whether you believe it, or, if you disbelieve it, what effect it has upon the other testimony that has been brought forward.
Gentlemen, the case is now in your hands; and, unless upon the part of the prosecution a clear conviction has been brought to your minds of the guilt of the prisoner, it is your duty to acquit him. You are not to proceed even upon a strong suspicion; there must be the strongest conviction in your minds that he was guilty of this offence; and if there be any reasonable doubt remaining in your mind, you will give him the benefit of that doubt; but if you come to a clear conviction that he was guilty, you will not be deterred from doing your duty by any considerations such as have been suggested to you. You will remember the oath that you have taken, and you will act accordingly. Gentlemen, I have performed my task; you have now to discharge yours, and may God direct you to a right finding.
Mr. SERJEANT SHEE--Your lordship stated to the jury that _the_ question for them to consider was whether the evidence that has been brought forward is consistent with the death of Cook by strychnia. I submit to your lordship that that is not the question which ought to be submitted to the jury.