They all gazed at him expectantly.
"We are obliged by law to give every reasonable doubt to the defendant. Now the only obstacle to our acquitting this poor old man is the fact that there is in evidence a conversation in which Lowry is claimed to have said that he was a veterinary and had been acting as such all his life. Mr. Tutt says that that conversation is privileged and should be disregarded because it was a confidential communication between a doctor and a patient. The judge says it is not privileged for the reason that Mr. Brown was not in fact a doctor—but he says further that if Brown were a doctor we should have to disregard that part of the evidence—which would, as we all agree, leave us free to acquit.
"Now then, how do we know Brown is not a doctor? He says he isn't; but he lied about everything else he told Lowry, and he may have been lying about that too. And if he lied to Lowry he may have been lying to us here to-day. I say that there is a reasonable doubt right there as to whether Brown is really a doctor or not. Such a doubt belongs to the defendant. He is entitled to it and it is our duty to acquit him!"
"Hear! Hear!" "That's so!" "Bully for you!" "What yer got to say now, eh?" "Take a vote!" "Pass the box!" resounded through the transom amid a tremendous scuffling of feet and scraping of chairs.
"Phelan!" gasped Mr. Tutt. "Who shall ever again have the temerity to suggest that the jury system is not the greatest of our institutions?"
"Pst!" answered Cap. "Listen! Sh-h. By God! They've acquitted him!"
"So you caught the five-fifteen after all!" was Eleanor's greeting as the model juror jumped off the train. "I was terribly afraid you wouldn't! I hope you didn't let any rascal get away from you?"
"No!" He laughed as he leaped into the motor beside her. "Not a rascal! And I've got a surprise for you! I'm going to have my vacation after all!"
"Really!" she cried, delighted. "You clever boy! How did you manage it?"