Page:Sylvester Sound the Somnambulist (1844).djvu/420

Mr. Phillpots winked at Mr. Clark, and then resumed.

"It was about three o'clock when you saw the defendant coming from the ante-room leading to Lady Julian's chamber?"

"About three."

"And you couldn't by any possibility have mistaken any one else for the defendant?"

"I could not. The thing is impossible."

"Impossible. Very well. That will do."

This was the case for the plaintiff; and, after a pause, Mr. Slashinger rose, and said—

"My lord and gentlemen of the jury. My learned friend, with his usual tact, having but one single fact to adduce, has brought forward a multitude of figures. Knowing the actual weakness of his case, he has endeavoured to strengthen it with flights of fancy: feeling that the solitary point for you to consider was of itself insufficient, his object has been to carry away your judgment by a flaming flood of forensic eloquence. That object however has not been accomplished. If it had been, it would have been my duty to bring you back to the point from which you started. But as I feel that I have now to address intelligent men—men who will not suffer their judgment to be carried away so easily-my task is comparatively light. Gentlemen, what are the facts of the case?—nay, rather let me say what is the fact?—there being but one at present for your consideration. The fact, gentlemen, is, that the witness Thompson, swears that he saw the defendant at the time in question walking—slowly walking—from the ante-room which leads to Lady Julian's chamber. Now, gentlemen, I am not about to impugn Thompson's evidence. He gave it in a very proper manner, and I take it for granted that he believes that which he stated to be true. He may be correct. The defendant may have been there: he may have walked from the ante-room slowly: he may have been let out by Thompson: he may have been seen to pass the gate by Sir Charles. I don't know that he was not—nor does the defendant!—but if he were there, he was there while in a state of somnambulism! [This announcement created an extraordinary sensation. Even the reverend gentleman, whom the speech of Mr. Phillpots had perfectly bewildered, rubbed his hands, and smiled.] Gentlemen," continued the learned counsel, "unhappily my client is a confirmed somnambulist. I shall prove that to your entire satisfaction anon. At present I feel it to be my duty to account for his presence—for I assume that he was present—at the house of Sir Charles Julian on the occasion in question. Gentlemen, somnambulists generally, when asleep remember everything which occurs to them while awake, but they remember nothing when awake which happens while they are asleep. I beg of you to bear this in mind. The defendant, Mr. Sound, lived for the period of five years with Mr. Scholefield, Lady Julian's medical attendant. During that period, as the witness has told us, he was frequently—very frequently—at the house of Sir Charles. Now, gentlemen, may I not venture to say, that on the morning in question, he dreamt that Lady Julian required his professional attendance, and that acting on that dream, he rose and went to the house? You have heard