Davy would have
placed his '_Nemo repente fuit turpissimus_'--no person of unblemished
character wades straight into 'innocent blood,' to use his own phrase.
The Recorder summed up against Elizabeth. He steadily assumed that
Nash was always right, and the neighbours always wrong, as to the
girl's original story. He said nothing of Bennet; the tanner's dog had
done for Bennet. He said that, if the Enfield witnesses were right,
the Dorset witnesses were wilfully perjured. He did not add that, if
the Dorset witnesses were right, the Enfield testifiers were perjured.
The jury brought in a verdict of 'Guilty of perjury, but not wilful
and corrupt.' This was an acquittal, but, the Recorder refusing the
verdict, they did what they were desired to do, and sentence was
passed. Two jurors made affidavit that they never intended a
conviction. The whole point had turned, in the minds of the jury, on
a discrepancy as to when Elizabeth finished the water in the broken
pitcher--on Wednesday, January 27, or on Friday, January 29. Both
accounts could not be true. Here, then, was 'perjury,' thought the
jury, but not 'wilful and corrupt,' not purposeful.
Pages:
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43