Of course, I instantly wrote to the Home Secretary, Mr. H. Matthews (now Viscount Llandaff), who at once procured a free pardon on the former conviction, and the prisoner was restored to liberty.

This case strikingly points to the imperative demand of justice that every case shall be investigated in its minutest detail.  The broad features are not by any means sufficient to fix guilt on any one accused, and it is in such cases that circumstantial evidence is often brought in question, while, indeed, the real circumstances are too often not brought to light.  Circumstantial evidence can seldom fail if the real circumstances are brought out.  Nobody had thought of raising a doubt as to there being five persons in the field.

Upon such small points the great issue of a case often depends.

Another curious case came before me on the Western Circuit.  A solicitor was charged with forging the will of a lady, which devised to him a considerable amount of her property; but as the case proceeded it became clear to me that the will was signed after the lady’s death, and then with a dry pen held in the hand of the deceased, by the accused himself whilst he guided it over a signature which he had craftily forged.  A woman was present when this was done, and as she had attested the execution of the will, she was a necessary witness for the prisoner, and in examination-in-chief she was very clear indeed that it was by the hand of the deceased that the will was signed, and that she herself had seen the deceased sign it.  Suspicion only existed as to what the real facts were until this woman went into the box, and then a scene, highly dramatic, occurred in the course of her cross-examination by Mr. Charles Mathews, who held the brief for the prosecution.

The woman positively swore that she saw the testatrix sign the will with her own hand, and no amount of the rough-and-ready, inartistic, and disingenuous “Will you swear this?” and “Are you prepared to swear that?” would have been of any avail.  She had sworn it, and was prepared to swear it, in her own way, any number of times that any counsel might desire.

The only mode of dealing with her was adopted.  She was asked,—­

“Where was the will signed?”

“On the bed.”

“Was any one near?”

“Yes, the prisoner.”

“How near?”

“Quite close.”

“So that he could hand the ink if necessary?”

“Oh yes.”

“And the pen?”

“Oh yes.”

“Did he hand the pen?”

“He did.”

“And the ink?”

“Yes.”

“There was no one else to do so except you?”

“No.”

“Did he put the pen into her hand?”

“Yes.”

“And assist her while she signed the will?”

“Yes.”

“How did he assist her?”

“By raising her in the bed and supporting her when he had raised her.”