that of which he has accused his victim.'
It was a crushing rebuke. The crowded bar turned and looked at their
comrade as though they expected him to sink through the floor. But he
sat pale and rigid, tearing off the feather of a quill with his teeth,
but showing no other sign that he had heard the judge.
'It is the prisoner who must suffer most by such a line of defence.'
(Here Eleanor looked up suddenly, as if she had only just begun to pay
attention to what was going on.) 'Its natural effect on your minds
must be to induce you to ask yourselves not the real question before
you, namely, is Eleanor Owen guilty or not? But this other question:
which is guilty, Eleanor Owen or John Lewis? And to that you could, as
conscientious men, give only one answer.
'But that is what I want, if possible, to avoid. My principal reason
for making the remarks I have made about Mr. Tressamer's speech is
that I do not want you to confuse the issues, as he has confused them,
but to return your verdict freely and impartially, having regard
solely to the bearing of the evidence which has been given upon the
guilt or innocence of the prisoner.'
Here his lordship abruptly came to an end, just when the
long-suffering jury were expecting that he was at last going to give
them a hint as to his own leaning in the case.
It was now the part of the clerk of arraigns to rise and request
the jury to consider their verdict. But that functionary had taken
advantage of the charge to fall into a light and pleasant slumber,
from which it became necessary to rouse him. One of the Bar,
therefore, put out his hand and pulled the clerk of arraigns by the
sleeve. He started awake, and, hastily stumbling on to his feet,
looked wildly round for information.
The day before this incident would have provoked mirth. To-day it
caused nothing but impatient annoyance, except to a few junior
barristers, who thought it professional to show callous indifference
to what was going on. At last, however, the clerk of arraigns was made
to realise what stage had been reached, and he called the bailiff of
the court and gave the jury over to his charge, with the following
form of words:
'You shall take this jury to some convenient place, where you shall
lock them up without meat, fire, or light; you shall suffer no man to
speak to them, neither shall you speak to them yourself, except to ask
them if they have agreed upon their verdict; so help you God.'
The oath
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