Littell,
however, sat aside to himself with his head resting on his hand in a
deep study. Several endeavored to congratulate him, but he only shook
his head and turned away.

"I fear it has been of no avail," he said to me. He was evidently
thinking of the prisoner and not of himself. I refrained from any
comment, but was doubtful of the State's chances of securing a verdict,
and there were many opinions expressed to the same effect. The very
persons who during the recess had taken conviction as a foregone
conclusion were now not only doubtful of the verdict, but in some
instances, I thought, even doubtful of the prisoner's guilt. No stronger
evidence of Littell's masterful conduct of the case would have been
needed even had the general opinion on the subject not been outspoken,
but through it all Littell sat by indifferent.

Time passed and when the hour of twelve came around, the Judge returned
to the bench and all was decorum again.

A bailiff was sent to inquire if the jury had agreed.

It was but a matter of form, for all knew that had they done so, they
would have reported it voluntarily; but still each man kept his place
and waited with nervous expectation, while the court sat to receive the
reply. In a few minutes the messenger returned and reported that there
was no present prospect of an agreement that night, whereupon the court
adjourned until ten in the morning.

CHAPTER XII

AN EPISODE AND A DINNER

The jury did not agree. They stood nine for conviction and three for
acquittal when the court met in the morning, and there being no prospect
of an agreement, they were discharged.

It was looked upon as a victory for the defence, but only because a
conviction had been generally expected. As it was the case had to be
tried over again.

Upon leaving the court-room, Littell accompanied me to my office, for he
was anxious to secure some little delay before the next trial and wished
to see the District Attorney regarding it. He said he needed time to
recuperate and his appearance bore this out, for I had never seen him
look so fagged or dejected.

We found the District Attorney in his office in conversation with his
associate and the Inspector. He greeted Littell very cordially and
congratulated him upon his conduct of his case; but Littell, after only
a word of acknowledgment, hastened on to the subject of his visit. He
asked for at least a month's interval before the next trial, and urged
in