Such is a brief narrative of the arguments and evidence adduced on each side, in a trial which in fact occupied many hours. The judge now proceeded to sum up the whole for the consideration of the jury. The court had been densely crowded all day, and the excitement of the audience ran very high.
Whatever difficulty, his lordship gravely remarked, there might be in this case, arose from the deplorable manner in which the late Mr. Trevethlan had caused his marriage to be solemnised, supposing for a moment that it was a marriage. He fully agreed with the reverend witness, Mr. Riches, in entirely condemning such a mode of celebration. Marriages should be performed in public. But the plaintiff denied that there had been any marriage at all, and produced an individual, who swore that not being in holy orders, he took upon himself to read the matrimonial service from the Prayer-book, and falsely and illegally to pronounce Henry Trevethlan and Margaret Basset to be man and wife. If the jury believed that witness, they must return a verdict for the plaintiff, for it was not pretended that there had been any other performance of the rite, than that to which this account would apply. On the other hand, they had heard the evidence adduced to show, that Mr. Trevethlan had always considered his marriage as valid, and that it had been likewise so regarded by all who were connected with his family. But then, again, it would seem that in the neighbourhood a very different opinion had prevailed. Unquestionably the circumstances were mysterious, and he could not but imagine that further evidence would be discovered before very long. With that, however, they had nothing to do. They had to compare a plain and positive story with a strong presumption, and if they were unable to disbelieve the former, to return a verdict, as he had said before, for the plaintiff.
His lordship then went minutely through the evidence on both sides, not sparing the character of Everope, who, he remarked, would certainly have been transported if he had been discovered to have really acted as he confessed, within a certain time now unfortunately elapsed; and, finally, he desired the jury to consider their verdict.
They requested permission to retire; and while they were absent, the excitement of the audience rose to the highest pitch. There was a general buzz of conversation. Every one was speculating on the result. Bets were offered and taken freely. The bar were discussing the judge's charge, and its tendency. Not a few people moved from their places to try to obtain another sight of the defendant. None of the claimant's family were in court. Randolph, perfectly unconscious of the attention he attracted, sat like a statue. His leading counsel looked anxious, and Rereworth lent his forehead on his hands, and seemed to pore over his brief.
"Silence! order!" proclaimed the return of the jury; and the demand did not require to be repeated.
"For the plaintiff," the foreman said, in answer to the question of the clerk of assize.
"May we have immediate possession, my lord?" counsel asked.
The judge shook his head.
There was a rush from the court. It was all over.