All these things go on day after day, not at all because there is any doubt as to the guilt of the accused, but because by these confused and interminable proceedings, the Lawyers who act for him expect to get him discharged--and discharged, declared by the twelve men to be _not guilty_! This is the great point; for, if this occur, it does not matter at all that the accused himself confess to the crime, _on no account_ can he ever be arrested again for the offence! "But how, when the proofs of guilt are present and so certain, can the Lawyers expect to get the twelve men to go against their very senses?" To answer this is to show the nature of the Jury system very plainly. When all the wranglings and speeches and Law-readings of the Lawyers have at last ended; when the Judge--who has in the course of the trial already loaded the twelve with all sorts of instructions as to what they are to keep in mind as _legal_ evidence, and what they are to leave out of mind--has made a long and confused speech (often interrupted by the Lawyers) recapitulating those parts of the conflicting mass of evidence which, and _only_ which, _is_ evidence, and has told them the manner in which this evidence must be applied to the charge; has finally told them that the crime charged must be the precise _crime_ laid down in the Law-books by that _name_, and none other; and that having found beyond all doubt that that crime, upon the _legal_ evidence, has been committed, then has _the accused committed the crime_ so defined, and so proved? To be certain of this, the accused must not only be found to have done it, but he must have known that he was doing it--that is, he must have been sound in mind. And if in any of these particulars there be any doubt, the accused must be acquitted; and further, every one of the twelve must agree--if any _one_ withhold his assent, then the prisoner cannot be declared to be guilty! With all these clear and simple directions (!) as to how they are to use their minds, an officer leads the twelve into a strong-room, and fastens them in! to consider their _verdict_ (as it is called). Not to consider simply and directly upon the plain evidence of their senses, and according to reason ordinarily used, but to consider _their Verdict_--a technical, artificial affair, made by the Lawyers, and only fit for _their_ minds--if even _they_ could do anything satisfactory to an honest man with it! The twelve are locked in and guarded by an officer; deprived of food, of rest, of any recreation; perhaps already exhausted from the hair-splitting [di-do-tzi] and intricate directions and proceedings. They are _Sworn_ to give their verdict according to the _Law_ (first) and the _Evidence_ (second). The evidence, however, being _all law_. Then, too, they are to say either _Guilty_, or _not guilty_; and no more.