Hyde.—Yes, privately; (and then ordered one to come to him on the bench.)
The officer then called one, and he was set upon the clerk’s table, and the judge and he whispered together a great while. It was observed that the judge, having his hands upon his shoulders, would frequently shake him as he spoke to him. Upon this person’s returning, the whole jury soon came in, and by their foreman delivered a verdict of guilty in part.
Clerk.—Of what part?
Foreman.—There is something contained in the indictment which is not in the book.
Clerk.—What is that?
Foreman.—In the indictment he is charged with these words: “When the thousand years shall be expired, then shall all the rest of the church be raised;” but in the book it is, “Then shall the rest of the dead be raised.”
Clerk.—Is he guilty of all the rest of the indictment, that sentence excepted?
One of the Jury.—I cannot in conscience find him guilty, because the words in the indictment and the book do not agree.
Hyde.—That is only through a mistake of the clerk’s, and in that sentence only; and you may find him guilty of all, that sentence excepted; but why did you come in before you were agreed?
Foreman.—We thought we had been agreed.