Now the jury was chiefly composed of ordinary miners. Of these it so happened that a large number had had their horses stolen. They were valuable animals at that period, most difficult to replace, and the owners, therefore, felt their loss acutely. They came to the trial with a fixed and settled intention of striking a blow at horse-stealers, to which end it was necessary that some one, they hardly cared who, should suffer.
They were determined that an example should be made. It would do good and prevent others from being so immoral and short-sighted as to rob honest miners.
'This Trevanion,' they reasoned, 'had really been mixed up with the Lawless crowd, and a worse lot, now it turned out, had never been seen near Ballarat.'
It was argued that the evidence went to show that he had been a known friend and an intimate of the family at the place with the native name, and had been seen there when horse-stealing on a large scale was being carried on.
'Kate Lawless swore point-blank to his having been away with her brothers long before the Lawless crowd had come to Growlers'. Trooper Donnellan had sworn to seeing him there. Hiram Edwards, the Yankee digger, had seen him there, and other miners. They had no call to have a down on him, even if Dayrell and the girl had.
'Besides these, Tessie Lawless, who every one knew was a straight girl, and wouldn't have said a word against him for the world if she could have helped it—even she had to confess that she had seen him at Eumeralla.'
'What about this chap that was said to be the dead image of him?' asked a younger juror. 'It was hard lines to be lagged innocent through another cove's work.'
'Well, they might believe that if they liked; it was put up, some thought. Jack Polwarth and his wife, like all these Cousin Jacks, would swear anything for a Cornishman. Mr. Stirling was a nice chap, but he was a banker, and wasn't likely to go back on a man with a good account. Mrs. Delf was a good sort, but Trevanion used her house regular and spent his money free. They knew what that meant. His mind was made up. If Ned Lawless, as was waiting for his sentence, was in it, Trevanion was too. He must face the music. He'd be let off light, but it would be a lesson to him. If they didn't shop some one over this racket there wouldn't be a horse left on the field by Christmas.'
At different times, and from different speakers, such was the general tone and substance of the arguments advanced by the majority. The minority defended their position, and from time to time denied that sufficient evidence had been furnished to show guilty knowledge or participation in crime on the part of the prisoner. But, after several hours spent in debate, the minority yielded, disinclination to be locked up all night lending force to the logic of their opponents.
When the jury marched into court, after notice by the sheriff's officer to the judge that they had agreed, a hush of anxious silence reigned throughout the building. Lance stood up fearless and erect, as a soldier faces the firing-party at his execution. Ned Lawless never changed his position, but seemed as careless and unenvious as the youngest lad in court.