"Now, first, all who think this defendant claimed to be a veterinary say
aye."
"Wait a minute!" interposed the tall man, who was still standing by the
window. "Maybe I am a nut. But I wish someone would explain to me which
is the defender. I thought Mr. Tutt was the defender."
"Oh, my Lord!" groaned a flabby salesman in a pink tie.
"Defend-ant--a-n-t--remember your ant! He's the man we're trying! The
other one is the complainant!"
"The only one that had any complaint was the horse", protested the tall
man. "But I understand now--we're tryin' the defendant. I've never
served on a jury before. Now, what's the question?"
"Did the defendant--ant--claim to be a licensed veterinary--when he
wasn't?"
"Now wait a second," objected the tall man again. "I want to get this
straight. Is it the point that if this old man pretended he was a horse
doctor when he wasn't he has to go to jail?"
"Sure."
"But the other man pretended he was a doctor."
"But he was trying to trick the defendant."
"But the first feller wasn't a doctor any more than the other feller.
Why not convict the first feller?"
There was a chorus of groans from about the table.
"You ought not to be here at all!" remarked the salesman acidly. "You're
simple-minded, you are! You keep still now and vote with the majority,
or we'll tell the judge on you!"
The tall man subsided.
"Vell," suddenly interjected the foreman, "he admitted he was guilty in
the bolice gourt."
"Sure!" "That's so!" "Pass the box again!" came from all hands.
When the foreman had counted the ballots Bently was horrified to
discover that ten jurors now thought the defendant guilty, and only two
believed him innocent.
"May I suggest," said he earnestly, "that perhaps this old man did not
understand in the magistrate's court the elements that went to make up
the offense charged against him? He merely stood ready to admit freely
whatever the facts were. His opinion on the purely legal question of his
own guilt was not of much value. Anyhow, his subsequent plea of not
guilty to the indictment neutralizes the significance of the original
plea."
There was a murmur of surprise and admiration from Bently's companions.
"That's true, too!" declared the salesman. "I never thought of that!
You're some talker--you are, I must say! But how about that business
card?"
"It seems to me," argued Bently, "that the card plays no particular part
in this case. In the first place the question before us is not whether
Lowry ever did--in the past--hold himself out as a veterinary, but
whether he did so on the day alleged in the indictment. The fact that he
gave the detective a card which he had had printed perhaps years before
only tends to show that at some time or other he may have pretended to
be a licensed veterinary. And you will recall, gentlemen, that the
testimony is merely that he said to the detective in reference to the
card: 'That is my name.' He did not say anything to him about being a
veterinary."
Public-domain text, read in full here on John Shaqi.
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