“But,” persisted the juror, “it seems to me that the jury ought to decide, as a matter of fact, whether this company is responsible for Mr. Bradley’s injuries.”
The judge responded somewhat tartly:
“We have already explained to you that, in our opinion, the plaintiff has not made out a prima facie case. If we are in error he has his remedy by appeal.” And he gathered up the papers lying in front of him as though he had made an end of the matter.
But Juror No. 7 was not yet satisfied.
“It takes time and costs money to appeal,” he said. “If we could give the plaintiff a reasonable verdict now it would probably settle the case for good.”
If Judge Bosworth was impatient before, he was plainly vexed now, and he replied with some warmth:
“We cannot argue the matter with you nor permit you to argue it with us. We have considered the case carefully, and have directed a verdict for the defendant. We will not accept any other verdict. Our decision must stand until it is reversed by a higher court.”
“I meant no disrespect to your Honor,” said Juror No. 7, resuming his seat, “and I will of course obey the direction of the court; but, in my opinion, great injustice is being done.”
Some of the jurors nodded as if in affirmance of that opinion. All of them sat, with flushed faces, amazed at the temerity of their fellow-juror, wondering what the court would do or say next. The court-room was so still that the dropping of the proverbial pin could have been heard. But Judge Bosworth did not deign to reply. He turned again, sharply, to the prothonotary:
“Mr. Gaylord,” he said, “take the verdict.”