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 gla.s.s 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 join you."

Eli looked up at him.

"Did n't you ever know," he said, "of a man's takin' a cat off, to lose, that his little girl did n't want drownded, and leavin' him ash.o.r.e, 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?"

"Yes," said Mr. Eldridge--"knew of just such a case."

"Very well," said Eli; "how does he find his way home?"

"Don't know," said Mr. Eldridge; "always has been a standing mystery to me."

"Well," said Eli, "mark my words. There's such a thing as arguin', and there 's such a thing as knowin' outright; and when you 'll tell me how that cat inquires his way home, I '11 tell you how I know John Wood ain't guilty."

This made a certain sensation, and Eli's stock went up.

An old, withered man rapped on the table.

"That's so!" he said; "and there's other sing'lar things! How is it that a seafarin' man, that 's dyin' to home, will allers die on the ebbtide?

It never fails, but how does it happen? Tell me that! And there's more ways than one of knowin' things, too!"

"I know that man ain't guilty," said Eli.

"Hark ye!" said a dark old man with a troubled face, rising and pointing his finger toward Eli. "_Know_, you say? I _knew_, wunst. I _knew_ that my girl, my only child, was good. One night she went off with a married man that worked in my store, and stole my money--and where is she now?"

And then he added, "What I _know_ is, that every man hes his price. I hev mine, and you hev yourn!"

"'Xcuse me, Mr. Speaker," said George Washington, rising with his hand in his bosom; "as de question is befo' us, I wish to say that de las'

bro' mus' have spoken under 'xcitement. Every man _don_' have his price!

An' I hope de bro' will recant--like as de Psalmist goes out o' his way to say '_In my haste_ I said, All men are liars.' He was a very busy man, de Psalmist--writin' down hymns all day, sharpen'n' his lead-pencil, bossin' 'roun' de choir--callin' Selah! Well, bro'n an'

sisters "--both arms going out, and his voice going up--" one day, seems like, he was in gre't haste--got to finish a psalm for a monthly concert, or such--and some man in-corrupted him, and lied; and bein' in gre't haste--and a little old Adam in him--he says, right off, quick: '_All_ men are liars!' But see! When he gits a little time to set back and meditate, he says: 'Dis won' do--dere's Moses an' Job, an' Paul--dey ain't liars!' An' den he don' sneak out, and 'low he said, 'All men is lions,' or such. No! de Psalmist ain't no such man; but he owns up, 'an 'xplains. '_In my haste_,' he says, 'I said it.'"

The foreman rose and rapped.