He climbed on the bale.
'Boys, the Court is now sittin'. No one that the prisoner hez kicked can be on the jury. Them as he hez pulled his gun on ain't disqualified, or there wouldn't be no panel. Bein' sworn at ain't no disqualification neither.'
The jury was formed after several bitter quarrels. It was composed of a Louisiana man called Buckeye Joe; a Canadian-Frenchman known as French Pete; a young Californian originally from Mendocino County, but later from the San Francisco House of Correction; a Finn; a Dutchman from Amsterdam; an Englishman who had been born at sea, and brought up in Australia; and the Major, who in the struggle had annexed Bertie's eyeglass, and was now wearing it with the curious effect of making him look almost like a gentleman again, and several others who came from countries between Patagonia and Hudson's Bay.
'Our verdict is "Guilty,"' said the foreman, Buckeye.
'Don't be previous,' said Arizona; 'he is guilty, of course, we all know that, but we've got to act impartial and hear some evidence. And I've to sum up. You look out for my summing up, Bertie. It'll make you squirm, or I'm no true-born impartial citizen of the United States. Ben, take the stand and lay your complaint against this bobtail burro.'
The helpless prisoner shook his head feebly. He was entirely done for and seriously alarmed; there wasn't a kick left in him. Seth Graves' job was now a sinecure, and he let him go.
'This lop-eared leper kicked me,' said Ben Wilkins, who had been adding to his already extensive vocabulary of picturesque abuse by consorting with the stokers. 'He said "Get up, you lazy loafin' scumpot, and do your dooty," and with that he booted me in the ribs. If I was on the jury I'd bawl for death. And it's only because you asked me to let him off, Arizona, that I didn't slay him when I could stand. Boys, your verdict, if just, will be "death."'
This was irregular, and Arizona said so.
'You ain't addressin' the jury, Ben,' said the judge. 'You've no call to, either. I'll do that. You can stand down.'
'I heven't hardly cleared my throat to begin with,' urged Ben. 'I've a deal more to say, oh, a deal more.'