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 settled in some way. This
is no child's play. You can't keep eleven men here, trifling with them,
giving no pretence of a reason."

"I have n't no reasons, only that I don't believe he 's guilty," said
Eli. "I 'm not goin' to vote a man into State's-prison, when I don't
believe he done it," and he rose and walked to the window and looked
out. It was low tide. There was a broad stretch of mud in the distance,
covered with boats lying over disconsolate. A driving storm had emptied
the streets. He beat upon the rain-dashed glass a moment with his
fingers, and then he sat down again.

"Well, sir," said the foreman, "this is singular conduct. What do you
propose to do?"

Silence.

"I suppose you realize that the rest of us are pretty rapidly forming a
conclusion on this matter," said the foreman.

"Come! come!" said Mr. Eldridge; "don't be quite so hard on him,
Captain. Now, Mr. Smith," he said, standing up with his hands in his
coat-pockets and looking at Eli, "we know that there often is crooked
sticks on juries, that hold out alone--that's to be expected; but they
always argue, an