He had spoken to her as late as 8.30 p.m.Sir James Fenwick had called two porters at the Caledonian Railway Station who testified to Miss Crawford having taken her seat in a first-class carriage of the 9.10 train, some minutes before it started.
"'Was it conceivable, therefore,' argued Sir James, 'that in the space of half an hour the accused--a young girl--could have found her way surreptitiously into the house, at a time when the entire household was still astir, that she should have strangled Lady Donaldson, forced open the safe, and made away with the jewels?
A man--an experienced burglar might have done it, but I contend that the accused is physically incapable of accomplishing such a feat.
"'With regard to the broken engagement,' continued the eminent counsel with a smile, 'it may have seemed a little heartless, certainly, but heartlessness is no crime in the eyes of the law.

The accused has stated in her declaration that at the time she wrote to Mr.David Graham, breaking off her engagement, she had heard nothing of the Edinburgh tragedy.
"'The London papers had reported the crime very briefly.

The accused was busy shopping; she knew nothing of Mr.David Graham's altered position.
In no case was the breaking off of the engagement a proof that the accused had obtained possession of the jewels by so foul a deed.' "It is, of course, impossible for me," continued the man in the corner apologetically, "to give you any idea of the eminent advocate's eloquence and masterful logic.

It struck every one, I think, just as it did me, that he chiefly directed his attention to the fact that there was absolutely no _proof_ against the accused.
"Be that as it may, the result of that remarkable trial was a verdict of 'Non Proven.' The jury was absent forty minutes, and it appears that in the mind of every one of them there remained, in spite of Sir James' arguments, a firmly rooted conviction--call it instinct, if you like--that Edith Crawford had done away with Lady Donaldson in order to become possessed of those jewels, and that in spite of the pompous jeweller's many contradictions, she had offered him some of those diamonds for sale.

But there was not enough proof to convict, and she was given the benefit of the doubt.
"I have heard English people argue that in England she would have been hanged.