At last the Minister issued a decision. It was a thorough specimen of the not-guilty-but-don't-do-it-again order of judgment. It stated that the Home Secretary saw no reason to doubt the substantial guilt of Eleanor Owen, but that as, in his opinion, the evidence was of an imperfect character, and failed to throw a clear light upon all the circumstances of the case, including the motive for the crime, he had advised her Majesty to commute the sentence to one of imprisonment for life.
The very day that this unsatisfactory announcement appeared, thirteen judges sat side by side at the Royal Law Courts to consider the point reserved.
Charles Prescott represented the prisoner. If the judges felt any surprise at this change of sides they were careful not to express it. Young Mr. Pollard appeared on behalf of the Crown, but he was led by the great Appleby, Q.C., and, as a matter of fact, was not allowed to open his lips once during the proceedings.
Prescott's argument was long and elaborate. A crowded bar were present to hear the celebrated case, and the feeling was universal among them that he had never shone so conspicuously on any former occasion. He took up the history of the law of murder from its earliest stages, and along with it he traced the gradual evolution of circumstantial evidence. He showed with what suspicion and reluctance the latter had been gradually admitted into our courts, and how succeeding judges had been careful to fence it in and restrain its application. Then he turned to the particular rule of law which Tressamer had relied on in the Assize Court, and repeated and emphasized the arguments made use of by him. He wound up with an impressive appeal to the judges to lean in the prisoner's favour, reminding them of the old maxim that a statute must be construed in favour of life, and asking them to apply the same principle in expounding the common law.
Then Appleby, Q.C., addressed the court. In reply to Prescott's last observations, he said that imperfection of evidence was a good ground for commutation of sentence, but none for releasing the prisoner altogether. This was, of course, a reminder to the judges of the Home Secretary's decision, announced that morning. Then he proceeded to argue the case on general lines.