Eli | Page 6

the case were a less serious one, we might have rendered a verdict in our seats."
"What's the use foolin' 'round ballotin'?" said a thick-set butcher. "Ain't we all o' one mind?"
"It is for you to say, gentlemen," said the foreman. "I should n't want to have it go abroad that we had not acted formally, if there was any one disposed to cavil."
"Mr. Speaker," said George Washington, rising and standing in the attitude of Webster, "I rises to appoint to order. We took ballast in de prior cases, and why make flesh of one man an' a fowl of another?"
"Very well," said the foreman, a trifle sharply; "'the longest way round is the shortest way home.'"
Twelve slips of paper were handed out, to be indorsed guilty, "for form." They were collected in a hat and the foreman told them over--"just for form." "'Guilty,' 'guilty,' 'guilty,' 'guilty,'--wait a minute," he said, "here is a mistake. Here is one 'not guilty'--whose is this?"
There was a pause.
"Whose is it?" said the foreman, sharply.
Eli turned a little red.
"It's mine," he said.
"Do you mean it?" said the foreman.
"Of course I mean it," he answered.
"Whew!" whistled the foreman. "Very well, sir; we'll have an understanding, then. This case is proved to the satisfaction of every man who heard 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 believe the witnesses?"
"Mostly."
"Which one don't you believe?"
"I can't say. I don't believe he's guilty."
"Is there one that you think lied?"
No answer.
"Now it seems to me--" said a third juryman.
"One thing at a time, gentlemen," said the foreman. "Let us wait for an answer from Mr. Smith. Is there any one that you think lied? We will wait, gentlemen, for an answer."
There was a long pause. The trial seemed to Eli Smith to have shifted from the court to this shabby room, and he was now the culprit.
All waited for him; all eyes were fixed upon him.
The clock ticked loud! Eli counted the seconds. He knew the determination of the foreman.
The silence became intense.
"I want to say my say," said a short man in a pea-jacket,--a retired San Francisco 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 to be a well-meaning man. I don't know his reasons; probably he don't understand the case. I should like to have the foreman tell the evidence over, so as if he don't see it clear, he can ask questions, and we can 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 loop-hole, 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, sir?" he said, when he had finished.
"I move for another ballot," said Mr. Eldridge.
The result was the same. Eli had voted "not guilty."
"Mr. Smith," said the foreman, "this must be settled in some way. This is no child's play. You can't keep eleven men here, trifling with them, giving no pretence of a reason."
"I have n't no reasons, only that I don't believe he 's guilty," said Eli. "I 'm not goin' to vote a man into State's-prison, when I don't believe 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 had emptied the streets. He beat 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. What do you propose to do?"
Silence.
"I suppose you realize that the rest of us are pretty rapidly forming a conclusion on this matter," said the foreman.
"Come! come!" said Mr. Eldridge; "don't be quite so hard on him, Captain. Now, Mr. Smith," he said, standing up with his hands in his coat-pockets and looking at Eli, "we know that there often is crooked sticks on juries, that hold out alone--that's to be expected; but 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 satisfactory to you. Come, now," he added, walking up to Eli, and resting one foot on the seat of his chair, "why don't you tell it over? and if we 're wrong, I 'm ready to