Chapter I: Front Matter

THE QUEEN AGAINST OWEN

BY

ALLEN UPWARD

AUTHOR OF 'THE PRINCE OF BALKISTAN'

_A NEW EDITION_

London CHATTO & WINDUS, PICCADILLY 1895

_OPINIONS OF THE PRESS_

ON

THE QUEEN AGAINST OWEN.

'An unmistakable success. Regarded simply as a story, we have not for a long while read anything more intensely dramatic. It would compel notice for the mere manner of its telling. Not often has an author who has boldly departed from the traditional lines of the writer of fiction so completely vindicated his method. There is high quality in this book, with its vivid glimpses of life, and its clever characterization.... Altogether, a notable book; and if its popularity be at all commensurate with its merits, it will have a great vogue.'--_Sun._

'The narrative never flags.... A realistic representation of a criminal trial.'--_Athenæum._

'Lovers of exciting fiction, powerful, original, and dramatic, should read "The Queen against Owen." Narrative after narrative, somewhat in the Wilkie Collins manner, draws you on until the mystery that surrounds the crime--which remains a mystery almost to the very end--disappears, and then you draw a breath of relief, but not before.'--_Sporting Life._

To

CLEMENT HARLEY DOWNS

ESQUIRE

THIS SLIGHT ACKNOWLEDGMENT OF HIS KIND SERVICES IS TENDERED BY THE AUTHOR

NOTE

TO THE SECOND EDITION.

I take the opportunity of a second edition of this little sketch to point out a rather curious fact in connection with the numerous comments which were made in the press on the evidence presented against the heroine. My object in writing the story was, naturally, to so balance the evidence as to leave it open to my jury to return either verdict, and thus keep the reader in a state of mild suspense during the progress of the trial. How far I succeeded may be gathered from the following extracts:

_'A jury that required to deliberate at all in such a case
ought to have been hanged.'_--BRIEF.

_'The way in which the feeblest of cases is worked up to a
verdict of guilty is a trifle ridiculous, and a slander on
judge, bar, and even jury.'_--LEEDS MERCURY.

_'It is absurd to suppose that upon such evidence any judge
and jury could have convicted her of murder.'_--VANITY FAIR.

_'A tangle of circumstantial evidence which is supposed to be
conclusive, but on which we feel confident that no English
jury would convict.'_--NEW ZEALAND MAIL.

_'The prisoner is found guilty on what seems to us most
insufficient evidence.'_--DAILY CHRONICLE.

_'It is difficult to believe that the jury on the evidence
could have brought in a verdict of guilty.'_--DAILY NEWS.

_'The evidence being purely circumstantial, as well as
flimsy.'_--ACADEMY.

[N.B.--Several of the above reviewers were friendly to the book on other points.]

_'In Scotland the verdict would certainly have been "Not
Proven."'_--GLASGOW HERALD.

_'Though the evidence is purely circumstantial, it seems at
first sight so strong that no magistrate could fail to
commit.'_--SATURDAY REVIEW.

_'The evidence of guilt is very strong.'_--MONMOUTHSHIRE
BEACON.

_'Certainly the evidence, purely circumstantial, is very
strong.'_--PUBLISHER'S CIRCULAR.

_'A case of circumstantial evidence which all seemed to point
one way, and to fix a horrible crime upon a young
girl.'_--WEEKLY SUN.

_'The evidence against her is damning, though purely
circumstantial.'_--LITERARY WORLD.

These extracts, taken together, seem to me to throw a most interesting light upon the subject of trial by jury--the object of a sneer in one of the above quotations. When it is possible for a number of educated minds, engaged in highly intellectual pursuits, to take such opposite views of the same set of facts, it may surely be urged that, if miscarriages of justice occasionally take place, they are due, not so much to any defects in our judicial system, as to those native diversities of the human mind which no legislation can remove. A change is fast coming over our legal procedure in the direction of dispensing with juries, and leaving everything to the decision of a single trained lawyer. Whether this change is certain to ensure greater correctness of decision is, perhaps, more open to argument than is generally supposed.

In conclusion, I have only to express my thanks for the many cordial notices--some of them, I fear, hardly deserved--which this rather slight work received on its first appearance. The kindness of his reviewers has at all events encouraged the author to strive that his future work may be a little better worth their attention.

A. U.

_May_, 1895.

CONTENTS

CHAPTER PAGE

I. THE INDICTMENT 1

II. THE BRIEF FOR THE PROSECUTION 2

III. COUNSEL FOR THE DEFENCE 23

IV. THE ASSIZES 44

V. THE CASE FOR THE CROWN 68

VI. THE WITNESSES 85

VII. HALF AN HOUR 113

VIII. THE DEFENCE 127

IX. THE JUDGE 154

X. THE VERDICT 175

XI. THE PRISONER'S STATEMENT 192

XII. THE C.C.R. 212

XIII. UNDER THE GREAT SEAL 229

THE QUEEN AGAINST OWEN