The judge then called upon Mr. Keep to bring forward whatever evidence he had to offer in the prisoner's favor. Mr. Keep had only two witnesses, and they could only testify to Antonio's general good character. They were Franconia men, who said that they had known Antonio a long time, that he had always borne an irreproachable character, and that they did not believe him capable of committing such a crime.
After the evidence was thus all in, Mr. Keep made a speech in defense of his client. He admitted, he said, that the case was a very extraordinary one. There was a mystery about it which was not explained. Still he said it was not really proved, either that Antonio stole the money or that he set fire to the barn. Many suppositions might be made to account for the facts, without implicating Antonio as really guilty.
The county attorney then made his speech. It was, of course, against Antonio. He said that the appearances were all against the prisoner, and that if he were really innocent, it would be easy for him to explain the case. His refusal to do this, and his showing where the money was hid, ought to be considered as completing the proofs of guilt, furnished by the other circumstances of the affair.
The judge then told the jury that it was their duty to decide whether it had been proved that Antonio was guilty.
"You have heard all the evidence," said he, "and you must decide. If you are perfectly satisfied that the prisoner is guilty, then you must condemn him. If you are satisfied that he is innocent, then of course you must acquit him. And if you are uncertain whether he is innocent or guilty, then you must acquit him too; for no one is to be condemned, unless it is proved positively that he is guilty."
The jury were then conducted out by an officer of the court, to a small room adjoining, where they were to deliberate on the case. In about fifteen minutes they returned. The judge then called upon the prisoner to rise. Antonio rose and looked toward the judge. The jury were standing in their places, looking toward the judge, too.
"Gentlemen of the jury," said the judge, "are you agreed upon the verdict?"
The foreman of the jury said,
"We are agreed."
"Gentlemen of the jury," said the judge again, "what say you? is the prisoner guilty or not guilty?"