he least of his concern.
_Judge._ Did he appear more cheerful or dejected than usual?
_Susan Lenox._ I perceived no change in him; he had nothing more or less
of his natural gaiety and cheerfulness.
_Stephen Brooks._ I have known the prisoner a long time, and have always
found him more ready to give than receive, and far from taking anything
from anyone.
_Richard Richards._ The prisoner has been my intimate playmate for four
years, and I never once quarrelled with him in my life.
_Benjamin Blunt._ The whole is a contrivance to bring Henry Lenox into
disgrace, and to make you believe they have been ill used.
_Judge._ You have said, Sally Delia, that there were some voices you
heard in the summer-house besides that of Henry Lenox. Do you imagine
that either of these last young gentlemen were there?
_Sally Delia._ I am certain they were all three there.
_Judge._ Young gentlemen of the jury, I will not take up your time in
recapitulating the evidence given; every part of it seems to agree so
well that you cannot mistake it. The two principal points to be
considered are these: If you are determined to find him guilty only on
positive proofs, then you must acquit him, for there does not appear to
be any throughout the whole trial; but if you will be contented with
circumstances, supported by the strongest evidence that can be given,
then you must find him guilty. It is, indeed, a just observation of the
prisoner, in his defence, that many have suffered innocently, though on
the strongest presumptions, and I must add that the character of a young
gentleman is too tender a thing to be sported with. After all, I do not
presume to direct you. I would only advise you to think of the matter
impartially; a verdict given from such principles of action, though it
may tend to lead to a mistake, can never be attended with reproach.
(The jury then went out of court, and returned in about an hour and a
quarter.)
_Judge._ Gentlemen of the jury, are you agreed in your verdict?
_Jury._ We cannot determine, and therefore beg to leave it special.
The judge immediately quitted the chair, which was soon after filled by
the tutor, and the judge took the place of the secretary. Henry Lenox,
who had not doubted, as there was no positive proof against him, but
that he should be acquitted, as soon as he found the jury left it
special, and that his tutor had taken the chair against him, his heart
instantly failed him, and ever
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