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Presumption of innocence

The Luminaries

The Presumption of innocence is the principle invoked at Anna Wetherell’s trial to distinguish accusation from proof. Its decisive effect is her acquittal: although allegations about George Shepard are entered into the court record, the judge finds insufficient evidence to convict Anna and orders her immediate release.

Principle and Application

The judge describes the rule as one followed in a civilised court: a person is “innocent until proven guilty.” He acknowledges that Walter Moody has cast aspersions upon George Shepard, but stresses that these remain aspersions. Their entry into the record may prompt future investigations of Shepard and others; they do not, in the present proceeding, establish Anna’s guilt.

The ruling therefore separates two questions that could otherwise be blurred together: whether allegations warrant further inquiry, and whether the evidence proves the defendant’s guilt. On the latter question, the judge finds the case insufficient and acquits Anna of all charges, with her release from gaol effective immediately.

The Ruling’s Limits

The judgment’s application of the principle is followed by a moral admonition. The judge urges Anna to continue on a path of sobriety, chastity, and other virtues he associates with civilisation, and says he does not wish to see her in court again. That censure does not alter the legal outcome: the court releases her because guilt has not been proved, while the separate allegations concerning George Shepard remain open to investigation.

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