the judge concluded thus:--
"The prisoner, who in his defence (on the principles and opinions of
which I now forbear to comment) certainly exhibited the signs of a
superior education, and a high though perverted ability, has alluded
to the reports circulated by the public Press, and leaned some little
stress on the various anecdotes tending to his advantage, which he
supposes have reached your ears. I am by no means willing that the
prisoner should be deprived of whatever benefit may be derivable from
such a source; but it is not in this place, nor at this moment, that it
can avail him. All you have to consider is the evidence before you. All
on which you have to decide is, whether the prisoner be or be not guilty
of the robbery of which he is charged. You must not waste a thought on
what redeems or heightens a supposed crime,--you must only decide on
the crime itself. Put away from your minds, I beseech you, all that
interferes with the main case. Put away also from your motives of
decision all forethought of other possible indictments to which the
prisoner has alluded, but with which you are necessarily unacquainted.
If you doubt the evidence, whether of one witness or of all, the
prisoner must receive from you the benefit of that doubt. If not,
you are sworn to a solemn oath, which ordains you to forego all minor
considerations,--which compels you to watch narrowly that you be not
influenced by the infirmities natural to us all, but criminal in you, to
lean towards the side of a mercy that would be rendered by your oath a
perjury to God, and by your duty as impartial citizens a treason to your
country. I dismiss you to the grave consideration of the important case
you have heard; and I trust that He to whom all hearts are open and all
secrets are known, will grant you the temper and the judgment to form a
right decision!"
There was in the majestic aspect and thrilling voice of Brandon
something which made the commonest form of words solemn and impressive;
and the hypocrite, aware of this felicity of manner, generally, as
now, added weight to his concluding words by a religious allusion or a
Scriptural phraseology. He ceased; and the jury, recovering the effect
of his adjuration, consulted for a moment among themselves. The foreman
then, addressing the court on behalf of his fellow-jurors, requested
leave to retire for deliberation. An attendant bailiff being sworn in,
we read in the journals of the day, which not
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