Miss Susannah Heald, described as "an aged lady," deposed that she was Cornet Heald's aunt, and that she had been appointed his guardian during his minority, which had only just expired. She was bringing the action, she insisted, "from a sense of duty."
Another witness was Captain Charles Ingram, a mariner in the service of the East India Company. He identified the accused as the Mrs. James who had sailed in a ship under his command from Calcutta to London in the year 1842.
While an official return, prepared by the military authorities, showed Captain James to have been alive on June 13, there was none to show that he was still in the land of the living on July 19, the date of the alleged bigamous marriage. The prosecution affected to consider this point unimportant. The magistrate, however (on whom Lola's bright eyes had done their work), did not agree.
"The point," he said, "is, to my mind, very important. During the interval that elapsed between these two dates many things may have happened which would render this second marriage quite legal. It is possible, for instance, that Captain James may have been snatched from this world to another one by any of those numerous casualties--such as wounds in action or cholera--that are apt to befall members of the military profession serving in a tropical climate. What do you say to that, Mr. Clarkson?"
Mr. Clarkson had nothing to say. Mr. Bodkin, however, when it came to his turn, had a good deal to say. The charge against his client was, he declared, "in all his professional experience, absolutely unparalleled." Neither the first nor the second husband, he pointed out, had advanced any complaint; and the offence, if any, had been committed under circumstances that fully justified it. He did not wish to hint at improper motives on the part of Miss Heald, but it was clear, he protested, that her attitude was governed by private, and not by public, ends. None the less, he concluded, "I am willing to admit that enough has been put before the Court to justify further enquiry."
Such an admission was a slip which even the very rawest of counsel should have avoided. It forced the hand of the magistrate.
"I am asked," he said, "to act on a presumption of guilt. As proof of guilt is wanting, I am reluctant to act on such presumption, even to the extent of granting a remand, unless the prosecution can assure me that more evidence will be offered at another hearing. Since, however, the defendant's own advocate has voluntarily admitted that there is ground for further enquiry, I am compelled to order a remand. But the accused will be released from custody on providing two sureties of £500 each, and herself in one of £1000."