es to the benevolence of the Under-Sheriff.
Phineas himself was pale and haggard. It was observed that he leaned
forward on the rail of the dock all the day, not standing upright
as he had done before; and they who watched him closely said that
he never once raised his eyes on this day to meet those of the men
opposite to him on the bench, although heretofore throughout the
trial he had stood with his face raised so as to look directly at
those who were there seated. On this occasion he kept his eyes fixed
upon the speaker. But the whole bearing of the man, his gestures, his
gait, and his countenance were changed. During the first long week
of his trial, his uprightness, the manly beauty of his countenance,
and the general courage and tranquillity of his deportment had been
conspicuous. Whatever had been his fatigue, he had managed not to
show the outward signs of weariness. Whatever had been his fears,
no mark of fear had disfigured his countenance. He had never once
condescended to the exhibition of any outward show of effrontery.
Through six weary days he had stood there, supported by a manhood
sufficient for the terrible emergency. But now it seemed that at any
rate the outward grace of his demeanour had deserted him. But it was
known that he had been ill during the last few days, and it had been
whispered through the Court that he had not slept at nights. Since
the adjournment of the Court there had been bulletins as to his
health, and everybody knew that the confinement was beginning to tell
upon him.
On the present occasion the proceedings of the day were opened by the
Attorney-General, who began by apologising to the jury. Apologies to
the jury had been very frequent during the trial, and each apology
had called forth fresh grumbling. On this occasion the foreman
expressed a hope that the Legislature would consider the condition
of things which made it possible that twelve gentlemen all concerned
extensively in business should be confined for fourteen days because
a mistake had been made in the evidence as to a murder. Then the
Chief Justice, bowing down his head and looking at them over the rim
of his spectacles with an expression of wisdom that almost convinced
them, told them that he was aware of no mistake in the evidence. It
might become their duty, on the evidence which they had heard and the
further evidence which they would hear, to acquit the prisoner at the
bar; but not on that account would there
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