one. Gentlemen, retire and make up your verdict."
The jury were not disposed to retire. After communing a few minutes
together, one of them stood up and delivered the verdict: it was
_Guilty!_ The judge assumed the crowning badge of the judicial
potentate--the black cap; and the clerk of arraigns asked the prisoner at
the bar, in the usual form, if he had anything to urge why sentence of
death should not be passed upon him.
Poor Harvey! I durst scarcely look at him. As the sonorous words fell on
his ear, he was grasping nervously with shaking hands at the front of the
dock. He appeared stunned, bewildered, as a man but half-awakened from a
hideous dream might be supposed to look. He had comprehended, though he
had scarcely heard, the verdict; for on the instant, the voice which but
a few years before sang to him by the brook side, was ringing through his
brain, and he could recognize the little pattering feet of his children,
as, sobbing and clinging to their shrieking mother's dress, she and they
were hurried out of court The clerk, after a painful pause, repeated the
solemn formula. By a strong effort the doomed man mastered his agitation;
his pale countenance lighted up with indignant fire, and firm and
self-possessed, he thus replied to the fearful interrogatory:--
"Much could I say in the name, not of mercy, but of justice, why the
sentence about to be passed on me should not be pronounced; but nothing,
alas! that will avail me with you, pride-blinded ministers of death. You
fashion to yourselves--out of your own vain conceits do you
fashion--modes and instruments, by the aid of which you fondly imagine to
invest yourselves with attributes which belong only to Omniscience; and
now I warn you--and it is a voice from the tomb, in whose shadow I
already stand, which addresses you--that you are about to commit a most
cruel and deliberate murder."
He paused, and the jury looked into each other's eyes for the courage
they could not find in their own hearts. The voice of conscience spoke,
but was only for a few moments audible. The suggestions that what grave
parliaments, learned judges, and all classes of "respectability"
sanctioned, could not be wrong, much less murderous or cruel, silenced
the "still, small" tones, and tranquilized the startled jurors.
"Prisoner at the bar," said the judge with his cold, calm voice of
destiny, "I cannot listen to such observations: you have been found
guilty of a heinous offen
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