"'Attention!' shouted Captain Ross. We obeyed and looked straight ahead as good soldiers should, with a sly glance out of the corners of our eyes at our leader. But Ed knew just what to do. He faced about sharply, and made a low bow to the lady, took the flag held out to him, and then made a speech. Ed Ross was always a fine talker, and had won the elocution prize at school the year before. On this occasion he fairly surpassed himself. I have often thought of it since. At our next meeting we unanimously elected Miss Katherine Burke McDermott an honorary member of the Rifles. Tom Ryland's sister drew up the resolutions, and they were very beautiful.
"It was a sultry afternoon, and the little jury-room was suffocating. The fight for a life which had raged out in the gloomy court-room for two weeks or more was now transferred to the ten by twelve cubby-hole where we had been cooped up since noon. The evidence against the prisoner was overwhelming, but some of the jurors still wavered as to their clear duty. Eight of us were for murder in the first degree; the others were in the same frame of mind, I am sure, but tantalizingly slow about saying so. It looked like an all-night struggle.
"Thrice since midday had Sheriff Watkins popped in his red head and asked if we had agreed upon a verdict, and as often had he angrily withdrawn. Watkins had a profound contempt for juries in general, and our jury in particular. According to the sheriff, the case of Commonwealth against Hardy was decided, and decided fully, when Dillingham finished his speech. Dillingham was the prosecuting attorney, and Watkins worshipped him down to the ground. Watkins was therefore clearly prejudiced, but in this instance his views were undeniably sound.
"The court, despairing and thirsty, had adjourned to meet at seven o'clock. In the jury-room all arguments for and against the stand taken by the unshaken eight seemed exhausted. The hours dragged wearily by. At half-past five o'clock, to our great surprise, three of the obstinate crowd came over to our way of thinking. Whether stern duty, our mutual discomfort, or the prospect of another night away from their families wrought this, I know not. So then, with the single exception of Colonel Ross, we were all for stringing up the prisoner.
"Colonel Ross still stuck out doggedly for a milder punishment—anything to save the poor devil's life, he said. For the first time in my career I rebelled against the judgment of my old friend, and for the first time found myself arrayed against him, and the novelty of the situation was far from agreeable. The clock in the town hall struck six, and the whistles down at Thayer's mill blew furiously. The Colonel was biting the ends of his mustache and gazing moodily into the crowded street below. I went up to him and put my hand on his shoulder.
"'Now, Colonel,' said I, in my most persuasive tones, 'can't you make up your mind to join us in this thing? We are all agreed except yourself. God knows we have no personal feeling against Hardy. We are simply doing what we think is our duty, and a mighty nasty one it is, too! You know that. But we owe something to society—society, whose structure was shaken to its very foundation by the perpetration of this crime! (Dillingham's own words.) The prisoner is clearly guilty. Why, the fellow practically confesses it. We ought to put some stop to the killing and general rascality up there in the settlement. Our section is fast becoming a monstrous blot on the fair name of the Commonwealth! (Dillingham again.) What is there left for us to do but carry out the law? What is there left for——' My voice died away weakly. Something in the Colonel's face effectually blasted my budding eloquence. At that moment I felt myself a greater criminal than Hardy or any of his gang.
"Colonel Ross tapped the floor impatiently with his crutch. He was a testy man, but much was borne from him.