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Page 84
Considerable sensation was caused in the crowded court when the
first witness called for the defence proved to be Miss Frances
Morton, the sister of the prisoner. Our readers will remember that
the young lady had been engaged to Dr. Lana, and that it was his
anger over the sudden termination of this engagement which was
thought to have driven her brother to the perpetration of this
crime. Miss Morton had not, however, been directly implicated in
the case in any way, either at the inquest or at the police-court
proceedings, and her appearance as the leading witness for the
defence came as a surprise upon the public.
Miss Frances Morton, who was a tall and handsome brunette, gave
her evidence in a low but clear voice, though it was evident
throughout that she was suffering from extreme emotion. She
alluded to her engagement to the doctor, touched briefly upon its
termination, which was due, she said, to personal matters connected
with his family, and surprised the court by asserting that she had
always considered her brother's resentment to be unreasonable and
intemperate. In answer to a direct question from her counsel, she
replied that she did not feel that she had any grievance whatever
against Dr. Lana, and that in her opinion he had acted in a
perfectly honourable manner. Her brother, on an insufficient
knowledge of the facts, had taken another view, and she was
compelled to acknowledge that, in spite of her entreaties, he had
uttered threats of personal violence against the doctor, and had,
upon the evening of the tragedy, announced his intention of "having
it out with him." She had done her best to bring him to a more
reasonable frame of mind, but he was very headstrong where his
emotions or prejudices were concerned.
Up to this point the young lady's evidence had appeared to make
against the prisoner rather than in his favour. The questions of
her counsel, however, soon put a very different light upon the
matter, and disclosed an unexpected line of defence.
Mr. Humphrey: Do you believe your brother to be guilty of this
crime?
The Judge: I cannot permit that question, Mr. Humphrey. We
are here to decide upon questions of fact--not of belief.
Mr. Humphrey: Do you know that your brother is not guilty of
the death of Doctor Lana?
Miss Morton: Yes.
Mr. Humphrey: How do you know it?
Miss Morton: Because Dr. Lana is not dead.
There followed a prolonged sensation in court, which
interrupted the examination of the witness.
Mr. Humphrey: And how do you know, Miss Morton, that Dr. Lana
is not dead?
Miss Morton: Because I have received a letter from him since
the date of his supposed death.
Mr. Humphrey: Have you this letter?
Miss Morton: Yes, but I should prefer not to show it.
Mr. Humphrey: Have you the envelope?
Miss Morton: Yes, it is here.
Mr. Humphrey: What is the post-mark?
Miss Morton: Liverpool.
Mr. Humphrey: And the date?
Miss Morton: June the 22nd.
Mr. Humphrey: That being the day after his alleged death. Are
you prepared to swear to this handwriting, Miss Morton?
Miss Morton: Certainly.
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