They should ask themselves what in fact the defendant had done if not
practise veterinary medicine without a license? It was not controverted
but that he had said he was a veterinary, administered medicine to a
sick horse, offered to compound payment for medical treatment for
himself, finally taken five dollars, and admitted his guilt before the
magistrate. If they had any reasonable doubt--and such a doubt might of
course be raised by evidence of previous good character--they would of
course give it to the defendant and acquit him, but such a doubt must be
no mere whim, guess or conjecture that the defendant might not after all
be guilty even if the evidence seemed so to demonstrate; it must be a
substantial doubt based on the evidence and such a one as would
influence them in the important matters of their own daily, domestic and
business lives. That was all there was to it! Let them take the case and
decide it! It should not take 'em very long. The question of how the
defendant should be punished, if at all, did not concern them. He would
take care of that. They might safely leave it to him! He bowed and
turned to his papers. The jury gathered up their coats and straggled
after Cap Phelan out of the court room.
"Y'd be all right, counselor," remarked the second court officer,
suspending momentarily the delights of mastication, "if 'twasn't fer
that son of a gun on the back row, Gibson! He's a bad one! I've known
him for years! He'd convict his own mother of petit larceny!"
"So? So?" murmured Mr. Tutt, producing a leather case the size of a
doctor's instrument bag from his inside pocket and removing a couple of
stogies therefrom. "Well, it's too late now to do anything about it. I'm
going out to stretch my legs and have a smoke."
Mr. Tutt loitered into the corridor, stepped unostentatiously behind a
pillar, slipped into the adjoining court room--which happened to be
empty--and thence back into the passage upon which the jury rooms
opened. He found Cap Phelan standing before one of these with a finger
to his lips.
"Pst! They're at it a-ready!" whispered Phelan as Mr. Tutt slipped him a
stogy.
The transom above was open and through it drifted out a faint blue
cloud. A great hubbub was going on inside. Suddenly above it a harsh
voice rang out: "That ain't a reasonable doubt! I tell you, that ain't a
reasonable doubt! Aw, you give me a pain, you do!"
"I've got 'em!" grinned Mr. Tutt contentedly. "Phelan, bring me a
chair!"
Now right here is where this story begins--only here.
"Vell, gen'l'muns," said the foreman, who was a glove merchant and
looked like Sam Bernard, as they took their seats round the battered oak
table. "Vot you say? Shall we disguss or take a vote?"
"Let's take a smoke!" amended a real-estate broker. "No use goin' back
right off and getting stuck onto another damn case! Where's that
cuspidor?"
Public-domain text, read in full here on John Shaqi.
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