'As regards the evidence of Mr. Scott, I am justified in telling you, that if the prisoner's guilt depended in any way on that evidence, it would be your duty to receive it with the most extreme caution, and to reject it altogether if not corroborated. That evidence was not trustworthy, and in a great measure justified the treatment which the witness encountered from the learned barrister who examined him. But Mr. Scott was a witness for the defence, not for the prosecution. The case for the prosecution in no way hangs on his evidence.
'If it be your opinion that Mr. Tudor is guilty, and that he was unwarily enticed into guilt by Mr. Scott; that the whole arrangement of this trust was brought about by Mr. Scott or others, to enable him or them to make a cat's-paw of this new trustee, and thus use the lady's money for their own purposes, such an opinion on your part may justify you in recommending the prisoner to the merciful consideration of the bench; but it cannot justify you in finding a verdict of not guilty.'
As Alaric heard this, and much more to the same effect, his hopes, which certainly had been high during the examination of Undy Scott, again sank to zero, and left him in despair. He had almost begun to doubt the fact of his own guilt, so wondrously had his conduct been glossed over by Mr. Chaffanbrass, so strikingly had any good attempt on his part been brought to the light, so black had Scott been made to appear. Ideas floated across his brain that he might go forth, not only free of the law, but whitewashed also in men's opinions, that he might again sit on his throne at the Civil Service Board, again cry to himself 'Excelsior,' and indulge the old dreams of his ambition.
But, alas! the deliberate and well-poised wisdom of the judge seemed to shower down cold truth upon the jury from his very eyes. His words were low in their tone, though very clear, impassive, delivered without gesticulation or artifice, such as that so powerfully used by Mr. Chaffanbrass; but Alaric himself felt that it was impossible to doubt the truth of such a man; impossible to suppose that any juryman should do so. Ah me! why had he brought himself thus to quail beneath the gaze of an old man seated on a bench? with what object had he forced himself to bend his once proud neck? He had been before in courts such as this, and had mocked within his own spirit the paraphernalia of the horsehair wigs, the judges' faded finery, and the red cloth; he had laughed at the musty, stale solemnity by which miscreants were awed, and policemen enchanted; now, these things told on himself heavily enough; he felt now their weight and import.
And then the jury retired from the court to consider their verdict, and Mr. Gitemthruet predicted that they would be hungry enough before they sat down to their next meal. 'His lordship was dead against us,' said Mr. Gitemthruet; 'but that was a matter of course; we must look to the jury, and the city juries are very fond of Mr. Chaffanbrass; I am not quite sure, however, that Mr. Chaffanbrass was right: I would not have admitted so much myself; but then no one knows a city jury so well as Mr. Chaffanbrass.'
Other causes came on, and still the jury did not return to court. Mr. Chaffanbrass seemed to have forgotten the very existence of Alaric Tudor, and was deeply engaged in vindicating a city butcher from an imputation of having vended a dead ass by way of veal. All his indignation was now forgotten, and he was full of boisterous fun, filling the court with peals of laughter. One o'clock came, two, three, four, five, six, seven, and still no verdict. At the latter hour, when the court was about to be adjourned, the foreman came in, and assured the judge that there was no probability that they could agree; eleven of them thought one way, while the twelfth was opposed to them. 'You must reason with the gentleman,' said the judge. 'I have, my lord,' said the foreman, 'but it's all thrown away upon him.' 'Reason with him again,' said the judge, rising from his bench and preparing to go to his dinner.
And then one of the great fundamental supports of the British constitution was brought into play. Reason was thrown away upon this tough juryman, and, therefore, it was necessary to ascertain what effect starvation might have upon him. A verdict, that is, a unanimous decision from these twelve men as to Alaric's guilt, was necessary; it might be that three would think him innocent, and nine guilty, or that any other division of opinion might take place; but such divisions among a jury are opposed to the spirit of the British constitution. Twelve men must think alike; or, if they will not, they must be made to do so. 'Reason with him again,' said the judge, as he went to his own dinner. Had the judge bade them remind him how hungry he would soon be if he remained obstinate, his lordship would probably have expressed the thought which was passing through his mind. 'There is one of us, my lord,' said the foreman, 'who will I know be very ill before long; he is already so bad that he can't sit upright.'
There are many ludicrous points in our blessed constitution, but perhaps nothing so ludicrous as a juryman praying to a judge for mercy. He has been caught, shut up in a box, perhaps, for five or six days together, badgered with half a dozen lawyers till he is nearly deaf with their continual talking, and then he is locked up until he shall die or find a verdict. Such at least is the intention of the constitution. The death, however, of three or four jurymen from starvation would not suit the humanity of the present age, and therefore, when extremities are nigh at hand, the dying jurymen, with medical certificates, are allowed to be carried off. It is devoutly to be wished that one juryman might be starved to death while thus serving the constitution; the absurdity then would cure itself, and a verdict of a majority would be taken.
But in Alaric's case, reason or hunger did prevail at the last moment, and as the judge was leaving the court, he was called back to receive the verdict. Alaric, also, was brought back, still under Mr. Gitemthruet's wing, and with him came Charley. A few officers of the court were there, a jailer and a policeman or two, those whose attendance was absolutely necessary, but with these exceptions the place was empty. Not long since men were crowding for seats, and the policemen were hardly able to restrain the pressure of those who pushed forward; but now there was no pushing; the dingy, dirty benches, a few inches of which had lately been so desirable, were not at all in request, and were anything but inviting in appearance; Alaric sat himself down on the very spot which had lately been sacred to Mr. Chaffanbrass, and Mr. Gitemthruet, seated above him, might also fancy himself a barrister. There they sat for five minutes in perfect silence; the suspense of the moment cowed even the attorney, and Charley, who sat on the other side of Alaric, was so affected that he could hardly have spoken had he wished to do so.
And then the judge, who had been obliged to re-array himself before he returned to the bench, again took his seat, and an officer of the court inquired of the foreman of the jury, in his usual official language, what their finding was.