LITERATURE.

Globe, Volume XXIV, Issue 2604, 11 August 1882, Page 4

LITERATURE.

HLI: OB THE OBSTINATE JURYMAN.

(Continued,) * Do you mean it ?’ said the foreman. ‘ Of course I mean it,’ he answered.

* Whew !’ whistled the foreman; ‘ very well, air ; we’ll have an under then. The case is proved to the satisfaction of every one who beard it, I may safely say, but one. Will that one please state the grounds of his opinion?’ * I ain’t no talker,’said Eli, ‘but I ain’t satisfied he’s guilty—that’s all.’ ‘ Don’t you be'ieve the witnesses P’ * Most'y.’ ‘ Which one don’t you believe ?’ * I can’t say. I don’t believe he’s guilty.’ ‘ Is there one that you thick lied t’

No answer. ‘Now It senna to me ’ said a third jurymon. 1 One thing at a time, gentlemen,’ said the foreman: ‘let ns wait ftr as answer from Mr Smith. Is thrre any one that you think lied ? We will wait, gentleman, for an answer.’

There was a long pause. The trial seemed to Ell Smith to have shifted from the court to this shaboy room, and be was now the culprit. All waited for him ; all eyes were fixed upon him. The clock ticked load ! Ell counted the seconds. He knew the determlnation of the foreman. The sllenoe became Intense.

I want to say my say,’ said a short man in a pea jacket—a retired Ban Franoisoo pilot, named Eldridge; ‘ I entertain no doubt the man Is guilty. At the same time, I allow for differences of opinion. I don’t know this man that’s voted ‘‘not guilty,” but he seems a well-meaning man. I don't know his reasons ; probably ho don’t understand the case. I should like to have the foreman tell the evidence over, so as if he don't see it olear, he can ask questions, and we oan explain.’ ‘I second de motion,’ said George Washington. There was a general rustle of approval.

• I move It,’ said the pilot, encouraged. * Very well, Mr Eldridge,’ said the foreman ; ‘if there is no objection, I will state the evidence, and if there is any loophole, I will trouble Mr Smith to suggest it as I go along,’ and he proceeded to give a summary of the testimony, with homely force. ‘Now, tir,’ ho said, when ho had finished.

1 1 vote for another ballot, ’ said Mr Eldiidge.

The result was the same. Eli had voted * not guilty.’

‘Mr Smith, ’ said the foreman, * this must be settled in some way. Ibis is no child’s play. Yon can’t keep eleven men here trifling with them, giving no pretence of a reason.’

‘I haven’t any reasons, only that I don’t believe he’s guilty,’ said Eli; ‘l’m not goin' to vote a man into the atates-prison, when I don’t blleve he done it,’ and he rose and walked to the window, and looked out.

It was low tide There was a broad stretch of mud In the distance, covered with boats lying over disconsolate. A driving storm bad emptied the streets. He best upon the rain-dashed glass a moment with his fingers, and then he sat down again. * Well, sir,’ said the foreman, ‘ this is singular conduct jjwhat do yon propo.e to dof* Silence.

‘ I suppose you realise that the rest of us are pretty rapidly forming a conclusion on this matter ?’ said the foreman.

‘Come! c unci’said Mr Eldrldge ; ‘don’t be quite so bard on him, captain. Now, Mr Smith,’ he said, standing up with his bands in his coat pockets, and looking at £ll, ‘ we know that there often is crooked sticks on juries, that hold out alone—that’s to bs ex pected. Bnt they always argue, and stand to it the rest are fools, and all that. Now all is, we don’t see why you don’t sort of argue, if you’ve got reasons satiafaotory to you. Coma now,’ he added, walking up to fill, and testing one foot on the seat of bis chair, * why don't you tall it over ? And if we’re wrong I’m ready to join you ’ fill looked up at him. ‘ Didn’t you ever know,’ he said, J‘cf a man’s tahln’ a cat off to lose, that his little girl didn’t want drowncled, and leavin’ him ashore twenty or thirty miles, bee line, from home, and that cat's bein’ back again the next day, purrin’ ’round ’s if nothin’ had happened?’ ‘ Yea , said Mr Eldrjdge, ‘knew of just snob a case.'

4 Very well,’ said Eli ; ‘how dees he find his way home ?’

4 Don't know,’ said Mr Eldrldgo, * always has been a mystery to me. ’ * Well, ’ said Eli, 4 mark my words There’s anoh a thing as arguin’, and there’s such a tbiog as knowln’ outright. And whan you’ll tell me how that cat inquires his way home I’ll tell you how I know John Wood ain’t guilty.’ This made a certain sensation, a d Eli's stock went up. But only for a moment. Then the foreman, when nobody seemed disposed to move, spaak'ng slowly, at first and piecemeal, alternating language with smoke, gradually edged into the current of the evidence, and ended by going all over it again, with fresh force and paint. His cigar glowed and chilled in the darkening room as he talked.

‘.Now,’ he said, when he had drawn all the threads together to the point of gnllt, ’ what are we go’ng to do npon this evi dence ?'

4 I’ll tell you something,’ asid Hli; 4 I didn’t want to siy it because 1 know what you’ll all think, but I’ll tell you all the ssme.’ 4 Ah !’ add the foreman.

Eli stood up end faced the others. 4 Most all o' you know what our bar is in a southeast gale. They ain’t a man here teat ’uld dare to try and cross It when the sea’s breakin’ on it. Ihe man that says he would, lies!’ And he looked at tho f . reman and waited a moment. 4 When my wife took sick, and I stopped goln’ to sea, two year ago, and took np boat fiahiu’, I didn't know half as ranch about the coast as the young boys do, and one afternoon it was blowin’ a gale, and we was all hands cornin’ in, and passin’ along the bar to go sheer ’round it to the west’ard, and Captain Fred Cppk—he’s sboit sighted—got onto the bir before he knew it, and then he had to go ahead, whether or no ; and I was right after him, and I s’poeed he knew, and I followed him. Well, he was floated over, as luck was, all right; but when I’d just got ou the bar, a roller dropped back and let my bowsprit down into the sond, and then come up quicker’n liihtniu’ and shouldered the boat over, t’other end first, and slung me into the water; and when I name up, I see somethin’ black, and there was John Wood’s runnin’ by me before the wind with a rush-and ’fore I knew an’lhing he had me by <he hair by one hand, and in his brat, and he was over the bar. Now, I tell yon, a man that looks the way I taw him look when I come over gunwale, face np. don’t go ’round breakin’ in and booking’ things. He hadn’t one chancs In five, nm he was a married man, too, with small children. And what’s more,’ he addel, Incautiously, ‘he didn’t stop there. When he foind out, this last spring, that I was goln’ to lose my place, he lent me money enough to pay the interest that was overdue on the mortgage, of his own accord.’ And ha stopped suddenly. ‘You have certainly explained yourself,’ said the foreman ; *1 think we understand you distinctly,’ ‘ There isn’t one wo d of truth in that idea,’ said Eli, flushing np, ‘and you know it. I’ve paid him back every cent. I know h : m better’n any of you, that’s all, and when I know he ain’t guilty, I wont say he is, and I can set hero as long as any other man.’

‘Lively times some folks’ll hevwben they go home,’ said a spars tin peddler, stroking his long yellow goatee ; ‘go into the store ; nobody apeak to yon; go to cattle show : everybody follow you round ; go to the wharf: nobody weigh your fish ; go to buy seed cakes at the cart: baker wont give no tick ’ ‘How muuh does it coat, Mr Foreman,’ said the butcher, ‘ for a man that’s obliged to lewe to move a family out West? I only ssk for Information. I have known a case where a man had to leave—couldn’t live there no longer—wa’n t wanted.’ There was a knock. An officer, sent by the judge, inquired whether the jury were likely soon to agree • It rests with yon, sir,’ said the foreman, looking at £ll, But £ll doggedly, with hia hands In h'a pockets, did not look up or speak. ‘ Say to the judgethat I cannot tell,’ said the foreman.

It tm eight o’clock when the officer rt. turned, with orders to take the jury across the street to the hotel, to supper. They went out in purs, except that the juryman who was left to fall in with £ll made three with the file ahead, and left Eli to walk alone. Tbij was noticed by the by-standers, At the hotel Eli could not eat a mouthful. He was seated at one end of the table, and was left entirely out of the couversi.feim. When the jury were escorted back to the courthome, rumours had evidently begun to arise from his having walked alone, for there was quite a little crowd at the hotel door to see them. They went as before ; four pairs, a file of three, and Ell alone. Then the spectators understood it. When the jury were looked into Ihe room again for the night Mr Eldridge sat down by Bli and lit his pipe. * I understand,’ he said, ‘just as you feel. Now, between you and me, there was a good-hearted fellow who kept me out of a bad mess once. I’ve never told anybody just what it was, and I don’t mean to tell you now ; but it brought my blood up standing to find how near I'd come to putting a fine steamer and two hundred and forty passengers under water. Well, one day, a year or so after that, this man had a chance to get a good ship, only there_ was some talk against him, that he drank a little. Well, the owners told him they wanted to sea me, and he cone to me. and says he, “ Mr Bldridge, I hope you’ll speak a good word for me. If you do, I’ll get the ship But if they ref ns a me this one, I’m dished everywhere.” Well, the owners put me the square question, and I had to tell ’em. Well, I met him that afternoon ou Sacramento street, as white as a sheet, and ho wouldn’t speak to me, but passed right by, and that night he went and shipped before the mast. That’s the last I ever heard of him, but he had to do it. Now, this man’s been good to yon ; but the case is proved, and you ought to vote with the rest of us.' ‘lt ain’t proved,’ said Ell; • the judge said that if any man bad a reasonable doubt he ought to hold out. Now, I ain’t convinced.’

‘ Well, that's easy said/ rep’led Mr Eldridge a little hotly, and he arose and left him.

{To be continued )