Apologies to
the jury had been very frequent during the trial, and each apology
had called forth fresh grumbling. On this occasion the foreman
expressed a hope that the Legislature would consider the condition
of things which made it possible that twelve gentlemen all concerned
extensively in business should be confined for fourteen days because
a mistake had been made in the evidence as to a murder. Then the
Chief Justice, bowing down his head and looking at them over the rim
of his spectacles with an expression of wisdom that almost convinced
them, told them that he was aware of no mistake in the evidence. It
might become their duty, on the evidence which they had heard and the
further evidence which they would hear, to acquit the prisoner at the
bar; but not on that account would there have been any mistake or
erroneous procedure in the Court, other than such error on the part
of the prosecution in regard to the alleged guilt of the prisoner
as it was the general and special duty of jurors to remedy. Then he
endeavoured to reconcile them to their sacrifice by describing the
importance and glorious British nature of their position.
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