Part 9 (2/2)
”I tell you what it is,” cried Slater; ”I want my dinner, and I've got my business to attend to--this is the busiest day of the week for me.
So far as I can see it doesn't make much difference how we bring it in. You say that if you bring him in guilty you're going to get him off: then why shouldn't you bring him in not guilty right away? If you bring him in guilty I can't help thinking that he ought to be punished--he won't care nothing for your bringing him in guilty if he isn't; while, if you bring him in not guilty, he'll thank his stars for the narrow squeak he'll think he's had, and it'll be a lesson to him as long as he lives.”
”There is,” allowed Mr. Plummer, ”a good deal in what Mr. Slater says.”
”There is one thing against it,” murmured Mr. Moss. His voice was rather squeaky, and, as if conscious of the fact, he generally produced it as softly as he could.
”What's that?”
”The evidence. We are supposed to be influenced by the evidence, and by that only.”
”It struck me that the evidence was all one-sided.”
”Precisely--on the side of the prosecution. Since the case was practically undefended the presumption is that the prisoner had no defence to offer.”
”But, as practical men,” persisted Mr. Plummer, ”does it not occur to you that there is a good deal in what Mr. Slater says? If we find the lad not guilty we shall teach him a lesson, and, at the same time, not be placing on his character an ineffaceable slur. We might, for instance, state in open court, through the mouth of our worthy foreman, that we are willing to give the prisoner the benefit of the doubt.”
”But there is no doubt. Let us do justice though the heavens fall.
Have you yourself any doubt that James Bailey stole Samuel Nichols's corn and hay?”
”Ah, dear sir, there is only One who can say. He has no doubt. We are not omniscient.”
”That sort of talk may be all very well in a pulpit, Mr. Plummer. It is out of place in a court of law when we are dealing with ascertained facts.”
Mr. Plummer raised his hands and shook his head, as if he was sorry for Mr. Moss.
”Let us show mercy, that we may be shown it,” he all but whispered.
”In other words,” struck in Captain Rudd, ”we are to do evil in order that good may come--even to the extent of prost.i.tuting truth.”
”I am afraid, in our present situation, these things are not arguable.
Some of us, thank Heaven, see things through eyes of our own.”
”Precisely, and it is because they don't appear to be arguable that I once more suggest to the foreman that the court be informed that we are unable to agree.”
”And I again take leave to differ. Why now, there's”--Mr. Longsett pointed with his finger--”one--two--three--four--five of us as says not guilty. We're agreeing more and more every minute. I dare bet any money we'll all be like one family before we get outside this room. If the foreman ain't got no particular objection I'll have a moistener. I never could eat dry.” Taking a black bottle out of an inner pocket in his overcoat he applied it to his lips. Such of the eleven as were not keenly observant ostentatiously turned their eyes another way. He took a long and hearty pull, then he smacked his lips. ”Good stuff that; I always like a drop when I've been eating--helps digestion.”
”This is more than human nature can stand,” groaned Mr. Timmins. ”Mr.
Foreman, I move that the magistrates be informed that we are unable to agree, and I request that you put that motion without further delay.”
”I second that motion,” said Captain Rudd.
”And I say no!”
Jacob flourished his bottle. Mr. Timmins's visage, as he confronted Mr. Longsett, became slightly inflamed.
”We don't care what you say. Do you think we're going to sit here, watching you guzzling, as long as ever you please? If you want to give a proper verdict you give one which is according to the evidence--we're not going to let you play the fool with us, Jacob, my boy.”
Extending the open palm of his left hand, Mr. Longsett marked time on it with the bottle which he was holding in his right.
<script>