find him guilty. In reviewing the testimony as to his mental condition you must bear in mind very carefully the evidence as to his demeanour and conduct both before and after the act of forgery—the evidence of the prisoner himself, of the woman, of the witness—er—COKESON, and—er—of the cashier. And in regard to that I especially direct your attention to the prisoner's admission that the idea of adding the 'ty' and the nought did come into his mind at the moment when the cheque was handed to him; and also to the alteration of the counterfoil, and to his subsequent conduct generally. The bearing of all this on the question of       premeditation [and premeditation will imply sanity] is very obvious. You must not allow any considerations of age or temptation to weigh with you in the finding of your verdict. Before you can come to a verdict of guilty but insane you must be well and thoroughly convinced that the condition of his mind was such as would have qualified him at the moment for a lunatic asylum. [He pauses, then, seeing that the jury are doubtful whether to retire or no, adds:] You may retire, gentlemen, if you wish to do so.     

CONTENTS

         The jury retire by a door behind the JUDGE. The JUDGE bends over his notes. FALDER, leaning from the dock, speaks excitedly to his solicitor, pointing dawn at RUTH. The solicitor in turn speaks to FROME.       

       FROME. [Rising] My lord. The prisoner is very anxious that I should ask you if your lordship would kindly request the reporters not to disclose the name of the woman witness in the Press reports of these proceedings. Your lordship will understand that the consequences might be extremely serious to her.     

       THE JUDGE. [Pointedly—with the suspicion of a smile] well, Mr.       Frome, you deliberately took this course which involved bringing her here.     

       FROME. [With an ironic bow] If your lordship thinks I could have brought out the full facts in any other way?     

       THE JUDGE. H'm! Well.     

       FROME. There is very real danger to her, your lordship.     

       THE JUDGE. You see, I have to take your word for all that.     

 Prev. P 44/85 next