for on the theory of intended,
deliberate robbery, without necessarily involving premeditated murder,
it is your privilege to put that merciful construction upon them.

"Gentlemen of the jury, I commit this mournful and terrible case to
your decision; and solemnly adjure you to be governed in your
deliberations, by the evidence as you understand it, by the law as
furnished in these instructions, and to render such verdict, as your
reason compels, as your matured judgment demands, and your conscience
unhesitatingly approves and sanctions. May God direct and control your
decision."

CHAPTER XX.

Drifting along the stream of testimony that rolled in front of the
jury-box, an eager and excited public had with scarcely a dissenting
voice arrived at the conclusion, that the verdict was narrowed to the
limits of only two possibilities. It was confidently expected that the
jury would either acquit unconditionally, or fail to agree; thus
prolonging suspense, by a mistrial. It was six o'clock when, the
jurors, bearing the andiron, handkerchief, pipe, and a diagram of the
bedroom at "Elm Bluff", were led away to their final deliberation; yet
so well assured was the mass of spectators, that they would promptly
return to render a favorable verdict, that despite the inclemency of
the weather, there was no perceptible diminution of the anxious crowd
of men and women.

The night had settled prematurely down, black and stormy; and though
the fury of the gale seemed at one time to have spent itself, the wind
veered to the implacable east, and instead of fitful gusts, a steady
roaring blast freighted with rain smote the darkness. The officer
conducted his prisoner across the dim corridor, and opened the door of
the small anteroom, which frequent occupancy had rendered gloomily
familiar.

"I wish I could make you more comfortable, and it is a shame to shut
you up in such an ice-box. I will throw my overcoat on the floor, and
you can wrap your feet up in it. Yes, you must take it. I shall keep
warm at the stove in the Sheriff's room. The Judge will not wait later
than ten o'clock, then I'll take you back to Mrs. Singleton. It seems
you prefer to remain here alone."

"Yes, entirely alone."

"You are positive, you won't try a little hot punch, or a glass of
wine?"

"Thank you, but I wish only to be alone."

"Don't be too down-hearted. You will never be convicted under that
indictment, at least not by this jury, for I hav