But he deceives himself. The average juryman, even one who is without prejudice and means to do rightly, is but a tool of the most cunning and able of the two lawyers pitted against each other before him. Some drops of the innocent blood the jury sheds must cling to the hands of the prosecutor.
When the court resumed its session, after the brief recess, another person sat within the railing among the lawyers, a little elderly gentleman, at sight of whom Lem Pawlett almost wept for joy, and the prisoner's heart felt a thrill of hope.
Dorn's counsel formally announced to the court that since the closing of the defence new and most important evidence, completely demonstrating the innocence of the prisoner at the bar, had been put in his possession, and he asked that the court grant permission for the reopening of the defence and the admission of this testimony.
The prosecuting attorney argued long and earnestly against the introduction of any further evidence at the present stage of the proceedings. In view of the high character and standing in the profession of the proposed witness, who had been made known to him in the judge's private room, and with whose reputation he was well acquainted, he did not dare to cast a shadow of suspicion upon the proposed evidence as manufactured and unworthy of belief or consideration. Evading that issue, he confined himself to opposing as informal, irregular, and liable to be viewed as a dangerous and evil precedent, the reopening of the case. Even if improperly convicted for lack of this evidence, the prisoner, he argued, would still have his relief in a new trial, which the Court of Appeals would be sure to grant if the new testimony was indeed material.
Mr. Dunn made a strong plea for the accused against the injustice of condemning an innocent man to await in prison, under the shadow of a sentence of death, and in an agony of suspense, the slow action of the Court of Appeals, rather than disturb the mere formality of a trial.
Finally, the judge ruled—as he had intended to before either of the lawyers said a word—that the new evidence should be admitted.
The little elderly gentleman, responding promptly to the crier's call for "Pelatiah Holden," took the stand, was sworn, and testified:
"My name is Pelatiah Holden; I reside in New York, and am a lawyer by profession. I have been the legal adviser of the brothers Peter and Jacob Van Deust in certain money matters; and, upon business connected with their affairs, visited their house on the evening of the 19th of July, coming from New York by boat to Sag Harbor and thence riding over on horseback."
"That was the night upon which Jacob Van Deust was murdered, was it not?" the prisoner's counsel interposed.
"To the best of my present information and belief the murder was perpetrated on the night of the 19th, or morning of the 20th."