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
cross-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 to-morrow. 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: Can you explain this, Miss Morton? Miss Morton: Dr. Lana desired his secret to be preserved. Mr. Porlock Carr: Then why have you made this public? Miss Morton: To save my brother. A murmur of sympathy broke out in court, which was instantly suppressed
by the Judge. The Judge: Admitting this line of defence, it lies with you, Mr.
Humphrey, to throw a light upon who this man is whose body has been
recognised by so many friends and patients of Dr. Lana as being that of
the doctor himself. A Juryman: Has any one up to now expressed any doubt about the matter? Mr. Porlock Carr: Not to my knowledge. Mr. Humphrey: We hope to make the matter clear. The Judge: Then the Court adjourns until to-morrow. *       *       *       *       *

This new development of the case excited the utmost interest among the
general public.