“One moment, Mr. Prosecutor,” said he.
The prosecutor flushed, and sat down in ruffled dignity.
“I merely wanted to make a motion for dismissal,” said he, sarcastically, as if it was only the merest incidental in the day’s proceedings.
“That is not the procedure,” said the judge. “The state owes it to this defendant to absolve him before the public of the obloquy of this unfounded and cruel accusation.”
“Vindication is what we demand, your honor,” said Hammer grandly; “vindication before the world!”
He spread his arms wide, as if the world stood before him, fat and big of girth like himself, and he meant to embrace it with the next breath.
“You shall have it, Mr. Hammer,” said the judge. He turned to the jury. “Gentlemen of the jury, this case has come to a sudden and unexpected end. The state’s case, prosecuted with such worthy energy and honorable intention, has collapsed. Your one duty now, gentlemen, is to return a verdict of not guilty. Will it be necessary for you to retire to the jury room?”
The jurymen had been exchanging glances. Now the foreman rose, tall and solemn, with beard upon his breast.
“Your honor, it will not be necessary for the jury to retire,” said he. “We are ready to return our verdict.” 334
According to the form, the foreman wrote out the verdict on the blank provided by statute; he stood with his fellows while the clerk of the court read it aloud: