The captain took up the gauntlet.
"I presume it is useless for me to point out to you that your statement is as incorrect as it is unjustified. I have heard a good deal about the absurdities of the jury system. I may tell you, sir, that you have presented me with an object-lesson which will last me the rest of my life. It occurs to me as just possible that the sooner the system is reformed the better."
"Ah! I daresay it would. Then gentlemen like you would be able to grind poor lads under your feet whenever it suited you. Oh, dear, no! You think yourself somebody, don't you, captain?"
Captain Rudd looked as if he would if he could; in his eyes there gleamed something very like a foreshadowing of assault and battery. The foreman made a little movement with his hands, which, possibly, was intended to be a counsel of peace. Anyhow, the captain allowed the last word to be Jacob's. Mr. Tyler, his handkerchief still pressed to his ear, appealed to the captain in a tone of voice which was almost tearful.
"As man to man, sir, let me beseech you to take pity on the dreadful situation we are in."
"To what situation do you allude, sir?"
"I am alluding, sir, to the dreadful pain which I am enduring in my left ear; you can have no conception of its severity. Besides which I have a sadly weakly constitution generally--as is well known to more than one gentleman who is now present. I have suffered for the last twenty years from chronic lumbago, together with a functional derangement of the liver, which, directly any irregularity occurs in my hours or habits, invariably reduces me to a state of collapse. I assure you that if this enforced confinement and prolonged abstention from my natural food endures much longer, in my present state of health the consequences may be highly serious."
"I don't follow your reasoning, sir. Because you are physically unfitted to serve upon a jury, and culpably omitted to inform the court of the fact, you wish me not to do my duty, you having already failed to do yours?"
"I wish you," sighed Mr. Tyler, "to be humane."
"This is the first jury ever I was on," groaned Mr. Parkes, shaking his ancient head as if it had been hung on wires, "and I'll take care that it's the last. Such things didn't ought to be--not when a man's got to my years, they didn't. Who's young Jim Bailey, I'd like to know, that we should go losing our dinners acause of him? Hit him over the head and ha' done with it--that's what I say."