To this Constance did not reply, nor would she until Judge Douglas, leaning forward, said, with a smile of encouragement, that she must answer the question.
"I placed it in Mr. Throckmorton's room," she replied at last, trembling, and scarce above a whisper.
"You placed it in Mr. Throckmorton's room? Thank you; that will do," Moth said, looking toward the jury, as if they must certainly now confirm his belief that he had proven Uncle Job's guilt beyond the shadow of a doubt. "Your honor, I submit the case without further statement," he went on, "having fully proven that Throckmorton is the thief, and no one else"; saying which, he bowed and sank into his seat with a complacent smile.
Upon this Mr. Promb conferred for a long while with Uncle Job, urging upon him something he would by no means consent to, but of what nature I could not tell. Afterward, turning to the judge, he said:
"The defense also rests its case here, desiring only to point out to the honorable court and jury that in all his life, and in every affair of business in which he has been engaged, and they have been many, Mr. Throckmorton has borne an honorable character before men, no shadow of any kind resting upon it. We hold, and in this we believe the jury will agree, that because of his good name and unimpeachable integrity it is impossible he could have committed the crime imputed to him. There is a mystery connected with the case, we admit, that we cannot now fathom, but feel assured that time will do this, and ere long, and to your entire satisfaction and that of the community. In the confident belief that this is so, he throws himself upon your mercy, believing that the knowledge you have of men and how little likely they are to go wrong when all their lives have been animated by honorable acts, will be found sufficient to justify his acquittal—nay, to command it of you as a right."
The trial being thus closed, Judge Douglas arose to charge the jury, and doing so, pointed out that they must be governed in all things by the testimony, but that if adverse to the prisoner, his previous good character might of right be considered in fixing the sentence or in considering any plea for mercy the jury might think fit to make.
Being thus instructed, the jury retired, no one in the room leaving or making any move to do so. Such as had been thoughtful enough to bring their lunch, ate it, chatting the while, yet never, except for a moment, taking their eyes off the sad face of the accused, who sat during this trying time, much cast down, it was apparent, at the desperate strait in which he found himself. Thus half an hour passed, when word came that the jury had agreed upon a verdict. At this, Judge Douglas resumed his seat and motioned for the jury to be brought in. As the twelve men filed into the room, I scanned them one by one to see if I might find some hopeful sign, but unavailingly. For, as if having an unpleasant duty to perform, the face of each was filled with perplexity and regret, nor did any one of them look toward Uncle Job. At this, and arguing from it that he was lost, I sprang up, and throwing my arms about his neck, screamed at the top of my voice:
"He's innocent! He's innocent! I know he's innocent!"
Upon this a great commotion arose, the whole audience getting to their feet, the better to see the prisoner and learn the cause of the disturbance. In the midst of this, and while the sobs of Miss Betty and Constance could be plainly heard, a great noise arose at the entrance to the court, and this growing louder and being accompanied by cries and oaths, every one turned to see what it was all about. This I did not regard, until Uncle Job, standing up, cried out: "My God, Rathe!" Then looking up, I saw Fox and Blott, and back of them Mr. Hayward and the landlord of the Eagle's Nest dragging and pushing Rathe forward into the room. Bringing him bound to the table about which the lawyers sat, Fox stepped aside and whispered to Uncle Job, Mr. Promb joining them. While this was occurring, the jury stood still, not understanding in the least what it meant. Nor the judge any more than they; and at last, leaning forward somewhat impatiently, he commanded the bailiff to enforce order in the court. Moth, all this while, had not stirred, but suspecting what was about to happen, the color left his face and he half arose to his feet. Never have I seen a man more disturbed, but whether his passions were directed toward Rathe or Uncle Job I could not tell; nor did it matter. When some order had been secured, Mr. Promb turned to the court, and in a voice he could scarce make heard, so greatly was he moved, said:
"May it please the court, we beg in the interest of justice that the case of the State versus Throckmorton be reopened, as we have important evidence to present, not before obtainable."