he defence, upon the fact that the prisoner was not known, at
any time, to have consorted with suspicious characters; but this,
after all, was only negative evidence. Affairs of this sort were
always conducted with secrecy and, had one of these men come down
from London, as was probable enough, to make inquiries as to houses
which could be broken into with a prospect of good booty, he would
naturally not make himself conspicuous.
They had heard the two stories, and must judge for themselves; but
he agreed, with the counsel for the prosecution, that the fact that
the prisoner had been discharged by Mr. Ellison for poisoning a
dog, and that on the night of the robbery other dogs were found
poisoned, and that probably by some one acquainted with the
locality, could not but have an influence upon their minds. At the
same time he would tell them that, if they had a doubt in their
minds, it was their duty to give the prisoner the benefit of that
doubt.
The jury consulted together for a minute or two in the jury box,
and then expressed their desire to retire. A buzz of talk arose in
the court, when they had left. Opinion was divided as to what the
verdict would be. When the counsel for the defence sat down, the
general opinion was that the prisoner would be certainly acquitted;
but the speech of the counsel for the prosecution, and the summing
up of the judge, had caused a reaction, and few doubted now that
the verdict would be guilty.
So Reuben himself thought. It was he felt hard that, standing there
to be tried for burglary, the decision should, in fact, depend upon
that unjust charge which had, four years ago, been brought against
him. Reuben was in the habit of what he called arguing things out
by himself; and as he stood there, waiting for the verdict, he
tried to put himself in the position of the jury; and he felt that,
in that case, he should have difficulty in coming to a decision.
It was not until after the lamps had been lighted that the jury
returned into the box. The crier shouted for order, and there was
not a sound heard, as the foreman told the judge that they were not
agreed upon their verdict.
"Then you must go back, gentlemen, until you are," the judge said.
"We are eleven one way, and one the other. Won't that do, my lord?"
"No, sir," the judge replied. "You must be unanimous."
The jury again retired, the judge and counsel went off to dine at
the hotel, and almost all the public trooped o
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