e instructed them that although the boy Ralph's
declaration that he was not Robert Burnham's son might be regarded by
them, yet they must also take into consideration the fact that his
opinion was founded partly, if not wholly, on hearsay, and, for that
reason, would be of little value to them in making up their decision.
Any evidence of the alleged conversation at Mr. Sharpman's office, he
said, must be rejected wholly. He warned them to dismiss from their
minds all prejudice or sympathy that might have been aroused by the
speeches of counsel, or the appearance of witnesses in court, and to
take into consideration and decide upon but one question, namely:
whether the boy Ralph is or is not the son of the late Robert Burnham:
that, laying aside all other questions, matters, and things, they must
decide that and that alone, according to the law and the evidence.
When the judge had finished his charge a constable was sworn, and,
followed by the twelve jurors, he marched from the court-room.
It was already after six o'clock, so the crier was directed to adjourn
the court, and, a few minutes later, the judge, the lawyers, the
witnesses, and the spectators had all disappeared, and the room
was empty.
CHAPTER XVIII.
A WRIT OF HABEAS CORPUS.
Every one expected that the jury would come into court with a verdict
at the opening of the session on Tuesday morning. There was much
difference of opinion, however, as to what that verdict would be.
But the morning hours went by and the jury still remained in their
room. The constable who watched at the door shook his head and smiled
when asked about the probability of an early agreement. No one seemed
to know just how the jury stood.
Sharpman and his client had been greatly disheartened on Monday night,
and had confessed as much to each other; but the longer the jury
remained out the more hope they gathered. It was apparent that the
verdict would not be rendered under the impulses of the moment; and
that the jury were applying the principles of cold law and stern logic
to the case, there seemed to be little doubt.
But, as a matter of fact, the jury were doing no such thing.
They believed, to a man, that Ralph had told the truth, and that such
an event as he had described had actually taken place in Sharpman's
office; and, notwithstanding the judge's charge, they were trying to
harmonize Ralph's statement with the evidence of the witnesses who
had corroborated
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