Mountain life -- Tennessee -- Fiction; United States -- Social life and customs -- 19th century -- Fiction
How Gwinnan could infuse into his impassive mien and his soft,
expressionless drawl so caustic a suggestion of displeasure is one of
those mysteries of manner addressed to a subtle and receptive sense which
can take account of so fine and elusive a medium of communication.
The jury, in receiving their discharge, felt like culprits until they
were once more at large and in the outer air, when they swore at the
judge with the heartiest unanimity,—on this point they could agree,—and
promised themselves, taking note of his character as politician, that
if ever they were vouchsafed the opportunity they would retaliate. Then
among the loungers about the tavern they fell to asking the news with the
hungry interest of travelers who have been long absent.
They experienced a certain surprise to find that their accountability
as jurors had not ceased with their discharge. There was a manifest
inclination on the part of public opinion, as embodied in the idlers
about the hotel, to hold them individually responsible for the mischances
of the trial. Perhaps the impression that they had been long absent was
strengthened by the revolution which popular prejudice had accomplished
in the interval. Its flexibility could hardly be better illustrated than
by the fact that the prankish Mink had suddenly risen in its estimation
to the dignity of a public martyr.
“He’s a tremenjious wild scamp, the Lord knows,” said one, “but folks
ain’t jailed fur bein’ gamesome, an’ by rights ye oughter hev turned Mink
out’n that jail this evenin’.”
“Yessir,” assented another. “Mink oughter be mighty nigh Hazel Valley by
now, ef he had been gin a fair trial.”
That conclusive formula, “This is a free country, by the Lord!” was
often insistently reiterated in the discussion, for the bewildered jury
discovered that the persuasion of the prisoner’s innocence had never
wavered after Alethea Sayles had sworn that she had seen Tad Simpkins
since the disaster. The community at large had not been subjected to
the morbid influences of seclusion, and mental stress, and the nervous
shock which the jury had sustained upon the death of Peter Rood, and the
necessity of persistent consideration of spiritual and spectral phenomena
forced upon them by the attorney-general.
“You see, gentlemen,” said a young sprig of a lawyer, glad to air his
information, “you went off on the wrong road. ’Twarn’t the business o’
the defense to account for Tad. ’Twas the prosecution’s business to prove
that he was dead and that Mink killed him. And they didn’t do it; they
just proved he was missing, for that girl swore she saw him afterward.
They’ve got to prove the _corpus delicti_, gentlemen, in a case like
this.”
The jurymen were laughed to scorn when they suggested their doubts of the
genuineness of Tad’s appearance.
Public-domain text, read in full here on John Shaqi.
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