"But surely that is the rational method of coming to a conclusion?"
"In science, no doubt. Not in law. A court of law must decide according to the evidence which is before it; and that evidence is of the nature of sworn testimony. If a witness is prepared to swear that black is white, and no evidence to the contrary is offered, the evidence before the Court is that black is white, and the Court must decide accordingly. The judge and the jury may think otherwise--they may even have private knowledge to the contrary--but they have to decide according to the evidence."
"Do you mean to say that a judge would be justified in giving a decision which he knew privately to be contrary to the facts? Or that he might sentence a man whom he knew to be innocent?"
"Certainly. It has been done. There is a case of a judge who sentenced a man to death and allowed the execution to take place, notwithstanding that he--the judge--had actually seen the murder committed by another man. But that was carrying correctness of procedure to the verge of pedantry."
"It was, with a vengeance," I agreed. "But to return to the case of John Bellingham. Supposing that after the Court has decided that he is dead he should turn up alive? What then?"
"Ah! It would then be his turn to make an application, and the Court, having fresh evidence laid before it, would probably decide that he was alive."
"And meantime his property would have been dispersed?"
"Probably. But you will observe that the presumption of death would have arisen out of his own proceedings. If a man acts in such a way as to create a belief that he is dead, he must put up with the consequences."
"Yes, that is reasonable enough," said I. And then, after a pause, I asked: "Is there any immediate likelihood of proceedings of the kind being commenced?"
"I understood from what you said just now that Mr. Hurst was contemplating some action of the kind. No doubt you had your information from a reliable quarter." This answer Mr. Jellicoe delivered without moving a muscle, regarding me with the fixity of a spectacled figure-head.
I smiled feebly. The operation of pumping Mr. Jellicoe was rather like the sport of boxing with a porcupine, being chiefly remarkable as a demonstration of the power of passive resistance. I determined, however, to make one more effort, rather, I think, for the pleasure of witnessing his defensive manoeuvres than with the expectation of getting anything out of him. I accordingly "opened out" on the subject of the "remains."