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yawn. "The tiresome old man," she thought. "He actually seems to enjoy saying all that." His Honor went on defining a reasonable doubt: "It is not a whim or a speculation or a surmise. It is a doubt founded on reason--on a reason which may be stated." Lydia thought, "Imagine drawing a salary for telling people that a reasonable doubt is a doubt founded on reason." She had not imagined that she would be bored at any moment of her own trial, but she was--bored beyond belief. "I must call your attention to Section 30 of the Penal Law, which says that whenever a crime is distinguished into degrees, the jury, if they convict, must find the degree of the crime of which the prisoner is guilty. Manslaughter is a crime distinguished into degrees--namely, the first and the second degree." Lydia thought that if by this time the jury did not know the distinction between the two they must be half-witted, but His Honor went on to define them: "In the first degree, when committed without design to effect death by a person committing or attempting to commit a misdemeanor." She thought that she knew that phrase now, as when she was a child she had known some of the rules of Latin grammar--verbs conjugated with _ad, ante, con, in, inter_--what did they do? How funny that she couldn't remember. Her eyes had again fixed themselves on the spot on the carpet so near O'Bannon's feet that she was aware of any movement on his part, and yet she was not looking at him. A fly came limply crawling into her vision, and her eyes followed it as it lit on O'Bannon's boot. She glanced up to where his hand was resting on his knee, and then wrenched her eyes away--back to the floor again. "If you find that the defendant is not guilty of manslaughter in the first degree you must then consider whether or not she is guilty of manslaughter in the second degree--that is, whether she occasioned the death of Drummond by an act of culpable negligence. Culpable negligence has been defined by Recorder Smyth in the case of--in the case of the People against Bedenseick as the omission to do something which a reasonable and prudent man would do, or the doing of something which such a man would not do under the circumstances of each particular case. Or, what is the same thing----" How incredibly tiresome! She glanced at the jury. They were actually listening, drinking in the judge's words. All of a sudden she knew by his tone that he was coming
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