Frivolities, Especially Addressed to Those Who Are Tired of Being Serious

Returning a Verdict

It was in the country, at the last Quarter Sessions, a case of theft. James Bailey, in the employ of Samuel Nichols, a fishmonger, was charged with stealing certain trusses of hay and bushels of corn. The jury had retired to consider their verdict.

"Of course," observed the foreman, who had seated himself at the head of the table, "we've only come out here as a matter of form. There's no doubt that the young scamp did it."

William Baker, leaning towards him, shading his hand with his mouth, whispered, with the evident intention of addressing him in strictest confidence, "I say guilty!"

Some of the jurymen were standing about the room talking to one another audibly on subjects which had not the slightest connection with the case they were supposed to be considering.

"What I want," said Slater, the butcher of Offley, to old George Parkes of Wormald's Farm, "is a calf-a nice one-just about prime."

With his heavy hand old Parkes nursed his stubbly chin.

"Ah!" he reflected. "I haven't got nothing, not just now, I haven't. Might have in about a month."

Slater shook his head. "Must have it Friday."

"Ah!" Mr. Parkes paused. "I haven't got nothing." Paused again. "I might have, though."

A. B. Timmins, secretary of the local branch of the Primrose League, was calling across the room to Mr. Hisgard, a well-known amateur vocalist, with a view of retaining his services for an approaching "smoker." The foreman looked about him. He raised his voice, rapped on the table.

"Gentlemen, please-business!" Somebody laughed, as if the foreman had been guilty of a joke-so he improved on it. "Business first, pleasure afterwards." The laugher held his peace-the joke fell flat. The jury seated themselves-not with any air of over-anxious haste. The foreman continued-he was one of the most flourishing auctioneers in that division of the county-and now spoke with that half persuasive, half authoritative manner with which many of them were familiar in the rostrum. "We must remember, gentlemen, that the court is waiting. So, with your permission, we will come to the point at once. Those who are of opinion that the prisoner is guilty will please hold up their hands." Seven hands went up. "Those who are of the contrary opinion." One hand was raised-Jacob Longsett's. Mr. Grice, the foreman, eyed the three gentlemen who had made no sign on either occasion. He addressed himself to one of them, "Well, Mr. Tyler, which is it to be?"

"The fact is, Mr. Grice," said Mr. Tyler, "that I've had a bad earache-it was the draught which must have given it me. I think I didn't quite catch all that was being said now and again; but I'm willing to say what the other gentlemen do!"

"You mean that you'll vote with the majority?"

"That's just what I do mean, Mr. Grice."

"I ain't going to say nothing," declared George Parkes, who had also refrained from expressing an opinion. "I don't know no good about young Bailey, nor yet about Sam Nichols neither. Sam Nichols, he's owed me nigh on four pound these three years and more."

"I don't think," observed the foreman, "that we ought to allow personal considerations to enter into the case. It's our duty to speak to the evidence, and to that only."

"I don't care nothing about no evidence. The one's as big a thief as t'other."

Old George clenched his toothless jaws and blinked.

"What'll he get if we bring him in guilty?" asked Mr. Plummer, the third abstainer.

The foreman shook his head. "That oughtn't to influence our decision."

Mr. Plummer differed, and said so.

"It'll influence mine. James Bailey is not yet eighteen. To send him to prison will do him more harm than good. If his case is to come under the First Offenders Act, we shall know where we are."

"We might make a recommendation to that effect," suggested Captain Rudd.

"Excuse me," interposed Mr. Moss, "but I doubt if I could agree to our doing that. I'm afraid that Master Bailey deserves some punishment. This is not the first time he has done this sort of thing. He was dismissed from his last two places for dishonesty."

Again the foreman shook his head.

"That didn't come out in the evidence. You know, gentlemen, what we have to do is to dismiss from our minds any knowledge of the parties which we may have outside the case, and confine our attention to the sworn testimony."

Mr. Moss smiled, declining to be pooh-poohed.

"That's all very well in theory, Mr. Grice, but in practice it won't do. Nichols, with his fish-cart, has done a daily round in this country of some twenty miles or so for the last twelve or fourteen years. I doubt if there is a person in this room who has not some knowledge of him. As for Bailey, his mother lives within a hundred yards of my house; I have known him ever since he was born. I am acquainted, too, with his last two employers, and with the circumstances under which he left them."

"I know nothing of either of the parties," said Captain Rudd.

"You are a new-comer. I doubt, as I say, if any other person present can say the same."

If any other person could, he didn't. There was a pause-broken by the foreman.

"Let us understand our position. Eight of us say guilty-Mr. Tyler goes with the majority; two of us have not yet made up our minds; and Mr. Longsett is the only one who says not guilty. May I inquire, Mr. Longsett, on what grounds you favour an acquittal?"

"You've no right to ask me anything of the kind. This is not the first jury I've served on. Although you're foreman, you're only like the rest of us. What you've got to do is to ask me if I say guilty or not guilty. I say not guilty.

"I believe, Mr. Longsett," insinuated Mr. Moss, "that Bailey is a relation of yours?"

"That's no business of yours."

"Then are we to understand, Mr. Longsett" – the foreman spoke with almost ominous suavity-"that you have arrived at a point at which you are impervious to argument?"

"I say not guilty."

"Even though it may be demonstrated beyond a shadow of a doubt that the prisoner is guilty?"

"It's no good talking to me, Mr. Grice. I say not guilty."

The foreman, stretching out his hands in front of him, looked round the table with an air which was eloquent with deprecation. Old Parkes banged his fist upon the board.

"And I say guilty, and I hope they'll give him seven years-the thieving varmint!"

"Arrived at a state of sudden conviction-eh, George?"

This was Mr. Timmins, who was middle-aged and jaunty.

"Some people are easily convinced," growled Mr. Longsett.

"You're not one of that sort, are you, Jacob?"

This again was Mr. Timmins.

"You won't convince me."

Nor, judging from the expression of Jacob's visage, did there seem to be much probability of their being able to do anything of the kind. There was another interval of silence-broken this time by Captain Rudd.

"Then because this gentleman chooses to differ from us, without condescending to give us his reason for so doing, are we to stultify ourselves, and is justice to be baulked? Is that the situation, Mr. Foreman?"