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.
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.
FROME.If your lordship would be so kind.I can assure your lordship that I am not exaggerating.
THE JUDGE.It goes very much against the grain with me that the name of a witness should ever be suppressed.[With a glance at FALDER,who is gripping and clasping his hands before him,and then at RUTH,who is sitting perfectly rigid with her eyes fixed on FALDER]I'll consider your application.It must depend.I have to remember that she may have come here to commit perjury on the prisoner's behalf.
FROME.Your lordship,I really…
THE JUDGE.Yes,yes--I don't suggest anything of the sort,Mr.
Frome.Leave it at that for the moment.
As he finishes speaking,the jury return,and file back into the box.
CLERK of ASSIZE.Gentlemen,are you agreed on your verdict?
FOREMAN.We are.
CLERK of ASSIZE.Is it Guilty,or Guilty but insane?
FOREMAN.Guilty.
The JUDGE nods;then,gathering up his notes,sits looking at FALDER,who stands motionless.
FROME.[Rising]If your lordship would allow me to address you in mitigation of sentence.I don't know if your lordship thinks I can add anything to what I have said to the jury on the score of the prisoner's youth,and the great stress under which he acted.
THE JUDGE.I don't think you can,Mr.Frome.
FROME.If your lordship says so--I do most earnestly beg your lordship to give the utmost weight to my plea.[He sits down.]
THE JUDGE.[To the CLERK]Call upon him.
THE CLERK.Prisoner at the bar,you stand convicted of felony.Have you anything to say for yourself,why the Court should not give you judgment according to law?[FALDER shakes his head]
