over--"just for form." "'Guilty,' 'guilty,' 'guilty,' 'guilty';--wait
a minute," he said, "here is a mistake. Here is one 'not
guilty'--whose is this?"

There was a pause.

"Whose is it?" said the foreman, sharply.

Eli turned a little red.

"It's mine," he said.

"Do you mean it?" said the foreman.

"Of course I mean it," he answered.

"Whew!" whistled the foreman. "Very well, sir; we'll have an
understanding, then. This case is proved to the satisfaction of every
man who heard it, I may safely say, but one. Will that one please
state the grounds of his opinion?"

"I ain't no talker," said Eli, "but I ain't satisfied he's
guilty--that's all."

"Don't you believe the witnesses?"

"Mostly."

"Which one don't you believe?"

"I can't say. I don't believe he's guilty."

"Is there one that you think lied?"

No answer.

"Now it seems to me----" said a third juryman.

"One thing at a time, gentlemen," said the foreman. "Let us wait for
an answer from Mr. Smith. Is there any one that you think lied? We
will wait, gentlemen, for an answer."

There was a long pause. The trial seemed to Eli Smith to have shifted
from the court to this shabby room, and he was now the culprit.

All waited for him; all eyes were fixed upon him.

The clock ticked loud! Eli counted the seconds. He knew the
determination of the foreman.

The silence became intense.

"I want to say my say," said a short man in a pea-jacket--a retired
San Francisco pilot, named Eldridge. "I entertain no doubt the man is
guilty. At the same time, I allow for differences of opinion. I don't
know this man that's voted 'not guilty,' but he seems to be a
well-meaning man. I don't know his reasons; probably he don't
understand the case. I should like to have the foreman tell the
evidence over, so as if he don't see it clear, he can ask questions,
and we can explain."

"I second de motion," said George Washington.

There was a general rustle of approval.

"I move it," said the pilot, encouraged.

"Very well, Mr. Eldridge," said the foreman. "If there is no
objection, I will state the evidence, and if there is any loop-hole, I
will trouble Mr. Smith to suggest it as I go along," and he proceeded
to give a summary of the testimony, with homely force.

"Now, sir?" he said, when he had finished.

"I move for another ballot," said Mr. Eldridge.

The result was the same. Eli had voted "not guilty."

"Mr. Smith," said the foreman, "this must be