At five o'clock the jury stumbled out of the box and entered the little room to the left.
XIX
It was four o'clock in the morning, and the twelve men who were to decide Archie's fate were still huddled in the jury room. For eleven hours they had been there, balloting, arguing, disputing, quarreling, and then balloting again. Time after time young Menard had passed around his hat for the little scraps of paper, and always the result was the same, eleven for conviction, one for acquittal. For a while after the jury assembled there had been three votes for conviction of murder in the second degree, but long ago, as it seemed at that hour, these three votes had been won over for conviction of murder in the first degree, which meant death. At two o'clock Broadwell had declared that there was no use in wasting more time in voting, and for two hours no ballot had been taken. The electric lamps had glowed all night, filling the room with a fierce light, which, at this hour of the winter morning, had taken on an unnatural glare. The air was vitiated, and would have sickened one coming from outside, but these men, whose lungs had been gradually accustomed to it, were not aware how foul it was. Once or twice in the night some one had thrown up a window, but the older men had complained of the cold, and the window had to be closed down again. In that air hung the dead odor of tobacco smoke, for in the earlier hours of the night most of the men--all, indeed, save Broadwell--had smoked, some of them cigars, some pipes. But now they were so steeped in bodily weariness and in physical discomfort and misery that none of them smoked any longer. On the big oaken table in the middle of the room Menard's hat lay tilted on its side, and all about lay the ballots. Ballots, too, strewed the floor and filled the cuspidors, little scraps of paper on which was scribbled for the most part the one word, "Guilty," the same word on all of them, though not always spelled the same. One man wrote it "Gildy," another "Gilty," still another "Gility." But among all those scattered scraps there was a series of ballots, the sight of which angered eleven of the men, and drove them to profanity; on this series of ballots was written "Not guilty." The words were written in an invariable, beautiful script, plainly the chirography of some German.
It was evident that in this barren room, with its table and twelve chairs, its high blank walls and lofty ceiling, a mighty conflict had been waged. But now at the mystic hour when the tide of human forces is at its farthest ebb, the men had become exhausted, and they sat about in dejected attitudes of lassitude and weariness, their brains and souls benumbed. Young Menard had drawn his chair up to the table and thrown his head forward on his arms. He was wholly spent, his brow was bathed with clammy perspiration, and a nausea had seized him. His mind was too tired to work longer, and he was only irritably conscious of some unpleasant interruption when any one spoke. The old men had suffered greatly from the confinement; the long night in that miserable little room, without comforts, had accentuated their various diseases, all the latent pains and aches of age had been awakened, and now, at this low hour, they had lost the sense of time and place, the trial seemed far away in the past, there was no future, and they could but sit there and suffer dumbly. In one corner Osgood had tilted back a chair and fallen asleep. He sprawled there, his head fallen to one side, his wide-open mouth revealing his throat; his face was bathed in sweat, and he snored horribly.
In another corner sat Broadwell, his hands folded across his paunch. The flesh on his fat face had darkened, beneath his eyes were deep blue circles and he looked very old. He had been elected foreman, of course, and early in the evening had made long and solemn addresses to the jury, the same kind of addresses he delivered to his Bible-class--instructive, patronizing, every one of his arguments based on some hackneyed and obvious moral premise. Particularly was this the case, when, as had befallen early in the evening, they had discussed the death penalty. This subject roused him to a high degree of anger, and he raged about it, defended the practice of capital punishment, then, growing calm, spoke of it reverently and as if, indeed, it were a sacrament like baptism, or the Lord's Supper, quoting from the ninth chapter of Genesis. Old Reder had opposed him, and Broadwell had demanded of him to know what he would wish to have done to a man who killed his wife, for instance. Reder, quite insensible to the tribute implied in the suggestion that his action would furnish the standard for all action in such an emergency, had for a while maintained that he would not wish to have the man put to death, but Broadwell had insisted that he would, had quoted the ninth chapter of Genesis again, shaken his head, puffed, and angrily turned away from Reder. One by one he had beaten down the wills of the other jurors. He was tenacious and stubborn, and he had conquered them all--all but old Reder, who paced the floor, his hands in the side pockets of his short jacket. His shaggy white brows were knit in a permanent scowl, and now and then he gathered portions of his gray beard into his mouth and chewed savagely. He was the one, of course, who had been voting for acquittal; his was the hand that had written in that Continental script those dissenting words, "Not guilty."
When this became known, the others had gathered round him, trying to beat him down, and finally, giving way to anger, had shaken their fists in his face, reviled him, and called him ugly names. But all the while he had shaken his head and shouted:
"No! no! no! no!"
For a while he had argued against Archie's guilt, then against the methods of the police, at last, had begged for mercy on the boy. But this last appeal only made them angry.
"Mercy!" they said. "Did he show that old woman any mercy?"
"He isn't being triedt for der old woman," said Reder. "Dot's what the chudge saidt."