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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.


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