There had been a heavy shower in the afternoon, and all boots were
probably in the same condition. Such is a bald statement of the singular and romantic series of events
which centred public attention upon this Lancashire tragedy. The
unknown origin of the doctor, his curious and distinguished
personality, the position of the man who was accused of the murder, and
the love affair which had preceded the crimes all combined to make the
affair one of those dramas which absorb the whole interest of a nation. Throughout the three kingdoms men discussed the case of the Black
Doctor of Bishop's Crossing, and many were the theories put forward to
explain the facts; but it may safely be said that among them all there
was not one which prepared the minds of the public for the
extraordinary sequel, which caused so much excitement upon the first
day of the trial, and came to a climax upon the second. The long files
of the Lancaster Weekly with their report of the case lie before me as
I write, but I must content myself with a synopsis of the case up to
the point when, upon the evening of the first day, the evidence of Miss
Frances Morton threw a singular light upon the case. Mr. Porlock Carr, the counsel for the prosecution, had marshalled his
facts with his usual skill, and as the day wore on, it became more and
more evident how difficult was the task which Mr. Humphrey, who had
been retained for the defence, had before him. Several witnesses were
put up to swear to the intemperate expressions which the young squire
had been heard to utter about the doctor, and the fiery manner in which
he resented the alleged ill-treatment of his sister. Mrs. Madding
repeated her evidence as to the visit which had been paid late at night
by the prisoner to the deceased, and it was shown by another witness
that the prisoner was aware that the doctor was in the habit of sitting
up alone in this isolated wing of the house, and that he had chosen
this very late hour to call because he knew that his victim would then
be at his mercy. A servant at the squire's house was compelled to
admit that he had heard his master return about three that morning,
which corroborated Mrs. Madding's statement that she had seen him among
the laurel bushes near the gate upon the occasion of her second visit. The muddy boots and an alleged similarity in the footprints were duly
dwelt upon, and it was felt when the case for the prosecution had been
presented that, however circumstantial it might be, it was none the
less so complete and so convincing, that the fate of the prisoner was
sealed, unless something quite unexpected should be disclosed by the
defence. It was three o'clock when the prosecution closed. At
half-past four, when the court rose, a new and unlooked-for development
had occurred. I extract the incident, or part of it, from the journal
which I have already mentioned, omitting the preliminary observations
of the counsel. Considerable sensation was caused in the crowded court when the first
witness called for the defence proved to be Miss Frances Morton, the
sister of the prisoner. Our readers will remember that the young lady
had been engaged to Dr. Lana, and that it was his anger over the sudden
termination of this engagement which was thought to have driven her
brother to the perpetration of this crime. Miss Morton had not,
however, been directly implicated in the case in any way, either at the
inquest or at the police-court proceedings, and her appearance as the
leading witness for the defence came as a surprise upon the public. Miss Frances Morton, who was a tall and handsome brunette, gave her
evidence in a low but clear voice, though it was evident throughout
that she was suffering from extreme emotion. She alluded to her
engagement to the doctor, touched briefly upon its termination, which
was due, she said, to personal matters connected with his family, and
surprised the court by asserting that she had always considered her
brother's resentment to be unreasonable and intemperate. In answer to
a direct question from her counsel, she replied that she did not feel
that she had any grievance whatever against Dr. Lana, and that in her
opinion he had acted in a perfectly honourable manner. Her brother, on
an insufficient knowledge of the facts, had taken another view, and she
was compelled to acknowledge that, in spite of her entreaties, he had
uttered threats of personal violence against the doctor, and had, upon
the evening of the tragedy, announced his intention of "having it out
with him." She had done her best to bring him to a more reasonable
frame of mind, but he was very headstrong where his emotions or
prejudices were concerned. Up to this point the young lady's evidence had appeared to make against
the prisoner rather than in his favour. The questions of her counsel,
however, soon put a very different light upon the matter, and disclosed
an unexpected line of defence. Mr. Humphrey:  Do you believe your brother to be guilty of this crime? The Judge:  I cannot permit that question, Mr. Humphrey. We are here
to decide upon questions of fact--not of belief. Mr. Humphrey:  Do you know that your brother is not guilty of the death
of Doctor Lana? Miss Morton:  Yes. Mr. Humphrey:  How do you know it? Miss Morton:  Because Dr. Lana is not dead. There followed a prolonged sensation in court, which interrupted the
examination of the witness. Mr. Humphrey:  And how do you know, Miss Morton, that Dr. Lana is not
dead? Miss Morton:  Because I have received a letter from him since the date
of his supposed death. Mr. Humphrey:  Have you this letter? Miss Morton:  Yes, but I should prefer not to show it. Mr. Humphrey:  Have you the envelope? Miss Morton:  Yes, it is here. Mr. Humphrey:  What is the post-mark? Miss Morton:  Liverpool. Mr. Humphrey:  And the date? Miss Morton:  June the 22nd. Mr. Humphrey:  That being the day after his alleged death. Are you
prepared to swear to this handwriting, Miss Morton? Miss Morton:  Certainly. Mr. Humphrey:  I am prepared to call six other witnesses, my lord, to
testify that this letter is in the writing of Doctor Lana. The Judge:  Then you must call them tomorrow. Mr. Porlock Carr (counsel for the prosecution): In the meantime, my
lord, we claim possession of this document, so that we may obtain
expert evidence as to how far it is an imitation of the handwriting of
the gentleman whom we still confidently assert to be deceased. I need
not point out that the theory so unexpectedly sprung upon us may prove
to be a very obvious device adopted by the friends of the prisoner in
order to divert this inquiry. I would draw attention to the fact that
the young lady must, according to her own account, have possessed this
letter during the proceedings at the inquest and at the police-court. She desires us to believe that she permitted these to proceed, although
she held in her pocket evidence which would at any moment have brought
them to an end. Mr. Humphrey.