CHAPTER XII
AN EPISODE AND A DINNER
The jury did not agree. They stood nine for conviction and three for acquittal when the court met in the morning, and there being no prospect of an agreement, they were discharged.
It was looked upon as a victory for the defence, but only because a conviction had been generally expected. As it was the case had to be tried over again.
Upon leaving the court-room, Littell accompanied me to my office, for he was anxious to secure some little delay before the next trial and wished to see the District Attorney regarding it. He said he needed time to recuperate and his appearance bore this out, for I had never seen him look so fagged or dejected.
We found the District Attorney in his office in conversation with his associate and the Inspector. He greeted Littell very cordially and congratulated him upon his conduct of his case; but Littell, after only a word of acknowledgment, hastened on to the subject of his visit. He asked for at least a month's interval before the next trial, and urged in support thereof his need of rest and change.
The request was readily acceded to, in spite of some objection from the Inspector, who was evidently chagrined over the failure of the State's case.
"I suppose, Littell," the District Attorney said quizzically, as we were leaving, "you also want time to hunt up some evidence to support that very interesting personal account of the murder you gave to the jury!" but Littell replied with some abruptness, I thought, that the only defect in his theory of the case was that it lacked the evidence of an eye-witness to prove it, which was also lacking upon the part of the State.
"It is all a matter of deduction from circumstances," he added, "and I think mine were fully as reasonable and likely as yours."
"Yes," replied the District Attorney, "three of the twelve jurors apparently agreed with you," which created a laugh, but Littell evidently was not in the humor for badinage and made no rejoinder, and we withdrew to my private office.