tions of their clients bore
hard on them. But that the Scottish law designed that a certain weight
should be laid on these declarations, which, he admitted, were
_quodammodo_ extrajudicial, was evident from the universal practice by
which they were always produced and read, as part of the prosecutor's
probation. In the present case, no person who had heard the witnesses
describe the appearance of the young woman before she left Saddletree's
house, and contrasted it with that of her state and condition at her
return to her father's, could have any doubt that the fact of delivery
had taken place, as set forth in her own declaration, which was,
therefore, not a solitary piece of testimony, but adminiculated and
supported by the strongest circumstantial proof.
"He did not," he said, "state the impression upon his own mind with the
purpose of biassing theirs. He had felt no less than they had done from
the scene of domestic misery which had been exhibited before them; and if
they, having God and a good conscience, the sanctity of their oath, and
the regard due to the law of the country, before their eyes, could come
to a conclusion favourable to this unhappy prisoner, he should rejoice as
much as anyone in Court; for never had he found his duty more distressing
than in discharging it that day, and glad he would be to be relieved from
the still more painful task which would otherwise remain for him."
The jury, having heard the Judge's address, bowed and retired, preceded
by a macer of Court, to the apartment destined for their deliberation.
CHAPTER TWENTY-THIRD.
Law, take thy victim--May she find the mercy
In yon mild heaven, which this hard world denies her!
It was an hour ere the jurors returned, and as they traversed the crowd
with slow steps, as men about to discharge themselves of a heavy and
painful responsibility, the audience was hushed into profound, earnest,
and awful silence.
"Have you agreed on your chancellor, gentlemen?" was the first question
of the Judge.
The foreman, called in Scotland the chancellor of the jury, usually the
man of best rank and estimation among the assizers, stepped forward, and
with a low reverence, delivered to the Court a sealed paper, containing
the verdict, which, until of late years, that verbal returns are in some
instances permitted, was always couched in writing. The jury remained
standing while the Judge broke the seals, and having pe
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