“I request your honor,” Epstein continued, “to charge that if the
jurymen consider the fact of no motive having been shown, sufficient
to establish a reasonable doubt of the defendant’s guilt, they must
acquit.”
“I so charge you, gentlemen,” said the judge.
The jurymen filed out of the room. The judge left the bench. It was now
about four in the afternoon. Half an hour passed. The court-room began
to empty. Another half hour passed. Only the court attendants, Epstein,
the district-attorney’s colleague, and the prisoner remained. One of
the attendants held a whispered conference with Epstein: then said to
me, “There is no prospect of a speedy agreement. Come.” I rose,
followed him to the rear of the room, and was locked up in the
prisoner’s pen.
It got dark. I sat still in the dark and waited. The stupor bound my
faculties like a frost.
It had been dark many hours when the door of the pen swung open. The
same attendant again said, “Come.”
The court-room was lighted by a few feeble gas jets. The judge sat on
the bench. The district-attorney was laughing and chatting with him.
Epstein said, “For God’s sake, summon all your strength. They have
agreed.”
The jurymen entered in single file, took their places, settled
themselves in their chairs. The judge and the prosecutor suspended their
pleasantries. The clerk cleared his throat. There was a second of dead
silence. Then, “Prisoner, stand up,” called the clerk.
I stood up.
“Prisoner, look you upon the jury. Jury, look you upon the
prisoner,” the clerk cried, machine-like.
In the murky light of the gas I could have gathered nothing from the
faces of the jurymen, even had I been concerned to do so.
“Gentlemen of the jury, have you agreed upon a verdict?” the
metallic voice of the clerk rang out.
The foreman rose. “We have,” he answered.
“How say you, do you find the prisoner at the bar guilty or not guilty
of the offense for which he stands indicted?”
“Not guilty,” said the foreman.
Epstein grasped my hand and crunched it hard. His own was clammy. He did
not speak.
“Gentlemen of the jury, you say you find the prisoner at the bar
not guilty of homicide in the first degree, and so your verdict stands
recorded. Neuman, you are discharged.” It was the clerk’s last word.
I quitted the court-room, a free man. I was as indifferent to my freedom
as I had been to my peril. There was no consciousness of relief in my
breast.
Epstein stood at my elbow. “You must be weak and faint,” he said.
“Come with me.”
He led me through the silent streets and into a restaurant.
“This is an all-night place,” he said, with an attempt at
cheerfulness, “and much frequented by journalists. What will you
have?”
“I am not hungry,” I answered.
“Oh, but you must take something,” he urged with a touch of
ruefulness, “just a bite to celebrate our victory.”
Public-domain text, read in full here on John Shaqi.
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