After he had finished, the Judge charged the jury. His review of the evidence was fair and impartial, but it necessarily told against the prisoner, to whose testimony he would only allow its proper balance of weight.
He hesitated before he referred to Littell's argument as if doubtful just how to treat it, but at length said that the theories of the counsel could be considered only in so far as the evidence bore them out.
He might have said more, but he, too, I thought, was unable to overcome entirely the effect the speech had had upon him.
He then directed that the jury retire to decide upon their verdict, and announced to the lawyers his intention of waiting till twelve o'clock for their decision, in case they should reach an agreement by that time.
When the Judge retired, most of the spectators and witnesses left the court-room, but the lawyers and reporters gathered about the trial table as is their custom—in interested discussion of the case. Littell, however, sat aside to himself with his head resting on his hand in a deep study. Several endeavored to congratulate him, but he only shook his head and turned away.
"I fear it has been of no avail," he said to me. He was evidently thinking of the prisoner and not of himself. I refrained from any comment, but was doubtful of the State's chances of securing a verdict, and there were many opinions expressed to the same effect. The very persons who during the recess had taken conviction as a foregone conclusion were now not only doubtful of the verdict, but in some instances, I thought, even doubtful of the prisoner's guilt. No stronger evidence of Littell's masterful conduct of the case would have been needed even had the general opinion on the subject not been outspoken, but through it all Littell sat by indifferent.
Time passed and when the hour of twelve came around, the Judge returned to the bench and all was decorum again.
A bailiff was sent to inquire if the jury had agreed.
It was but a matter of form, for all knew that had they done so, they would have reported it voluntarily; but still each man kept his place and waited with nervous expectation, while the court sat to receive the reply. In a few minutes the messenger returned and reported that there was no present prospect of an agreement that night, whereupon the court adjourned until ten in the morning.