'Of that poor lady I can only speak with that unfeigned respect which I am sure you all feel. That she was happy in her marriage till this accusation reached her ears, no one can doubt. That he to whom she was given in marriage has done his duty by her, treating her with full affection and confidence, has been proved to us. Who can think that such a condition of things shall be disturbed, that happiness so perfect is to be turned to misery and misfortune, without almost an agony of regret? But not on that account can you be in any way released from your duty. In this case you are not entitled to think of the happiness or unhappiness of individuals. You have to confine yourself to the evidence, and must give your verdict in accordance with that.'
John Caldigate, as he heard the words, told himself at once that the judge had, in fact, desired the jury to find a verdict against him. Not a single point had been made in his favour, and every point had been made to tell against him. The judge had almost said that a man's promise to marry a woman should be taken as evidence of marriage. But the jury, at any rate, did not show immediate alacrity in obeying the judge's behest. They returned once or twice to ask questions; and at three o'clock Caldigate was allowed to go to his inn, with an intimation that he must hold himself in readiness to be brought back and hear the verdict at a moment's notice. 'I wish they would declare it at once,' he said to his father. 'The suspense is worse than all.'
During the afternoon the matter was discussed very freely throughout the borough. 'I thought they would have agreed almost at once,' said the mayor, at about four o'clock, to Mr. Seely, who, at this moment, had retired to his own office where the great magistrate of the borough was closeted with him. The mayor had been seated on the bench throughout the trial, and had taken much interest in the case. 'I never imagined that there could be much doubt after Judge Bramber's summing up.'
'I hear that there's one man holding out,' said the attorney in a low voice.
'Who is it?' whispered the mayor. The mayor and Mr. Seely were very intimate.
'I suppose it's Jones, the tanner at Ely. They say that the Caldigates have had dealings with his family from generation to generation. I knew all about it, and when they passed his name, I wondered that Burder hadn't been sharper.' Mr. Burder was the gentleman who had got up the prosecution on the part of the Crown.
'It must be something of that kind,' said the mayor. 'Nothing else would make a jury hesitate after such a charge as that. I suppose he did marry her.' Mr. Seely shrugged his shoulders. 'I have attended very closely to the case, and I know I should have been against him on a jury. God bless my soul! Did any man ever write to a woman as his wife without having married her?'
'It has been done, I should think.'
'And that nobody should have been got to say that they weren't man and wife.'
'I really have hardly formed an opinion,' said Mr. Seely, still whispering, 'I am inclined to think that there was probably some ceremony, and that Caldigate salved his conscience, when he married Bolton's daughter, by an idea that the ceremony wasn't valid. But they'll convict him at last. When he told me that he had been up to town and paid that money, I knew it was all up with him. How can any juryman believe that a man will pay twenty thousand pounds, which he doesn't owe, to his sworn enemy, merely on a point of conscience?'