With reference to the fragments of paper on which were words in his handwriting he denied that they were part of a letter, and suggested that it might have been some scrap of writing taken from his pocket by the dead woman. The theory of its referring to an assignation was, he suggested, an act of imagination upon the part of the prosecuting counsel.
The judge, Sir William Grantham, in summing up the case, pointed out that had it not been for the conduct of Wood himself in telling lies and keeping back what he knew, there would have been no justification for such a lengthy trial.
The evidence of McGowan was, he said, open to a certain amount of doubt, owing to the fact that the witness had not mentioned at once about having noticed a peculiarity in the walk of the man he saw leaving the house in St. Paul's Road, just before five o'clock on the morning of September 12th.
Then the statements of Ruby Young did not bring the crime home to the prisoner at all. That was a remarkable feature in the case. A number of witnesses for the Crown did not directly connect the prisoner with the crime.
The inference, in view of the evidence of other witnesses, was that Wood in his evidence had been lying all through. But the jury could not convict him because he was a liar. It was mainly in consequence of Wood's own false statements that the prosecution were bound to rely upon the evidence of the other witnesses who had come forward.
"Although," said the judge in concluding his address to the jury, "it is my duty to do all I can to further the interests of justice, it is also my duty to inform the jury that they must not find a man guilty unless no loophole is left by which he can escape. In my judgment, strong as is the suspicion in this case, I don't think the prosecution have brought the case near enough home to the prisoner--with the exception of the evidence of McGowan. That evidence, if implicitly relied upon, would justify you in finding him guilty; but that evidence is considerably controverted. I don't think the identification, even if true, is sufficient to justify you in finding this man guilty. Therefore, although it is a matter for you alone, it is my duty to point out the effect of the evidence, and it is my duty to point out that unless the effect of the evidence is so conclusive that there can be no doubt in anyone's mind, you should give the prisoner the benefit of the doubt, and say you don't think he is guilty."