“See here,” said Sampson, arising and confronting his companions, “we
may just as well look this thing squarely in the face. I don't want
to send him up any more than the rest of you do. But I am going to be
honest with myself in this matter if I have to stay out here for six
months. We've heard all of the evidence. It seems pretty clear to all of
us that the defendant was responsible for the loss of that money, even
if he didn't take it himself. He was the treasurer of the concern. He
had absolute charge of the funds. So far as we are concerned the State
has made out its case. We are supposed to be impartial. We are supposed
to render a verdict according to the law and the evidence. We cannot be
governed by sympathy or conjecture.
“When I left the court-room with the rest of you gentlemen to deliberate
on a verdict, I will confess to you that I had in my heart a hope that
you men would do just what you have done all along: vote for acquittal.
When I came into this room seven hours ago, I was eager to vote just as
you have voted. Then I began to reflect. I asked myself this question:
how can I go back to that court-room and look the district attorney and
the Court in the face and say that James Hildebrand is not guilty? If I
did that, gentlemen, I am quite sure I could never look an honest man in
the face again. We have all been carried away by our sympathies--I quite
as much as the rest of you. I am convinced that there isn't a man among
you who can stand up here and say, on his honour, that the evidence
warrants the discharge of the defendant.
“God knows I want to set him free. I am inclined to believe his story.
He is not the sort of man who would steal. But, after all, we are bound,
as honest men, to carry out the requirements of the law. The Court
clearly stated the law in this case. Under the law, we can do nothing
else but convict, gentlemen.
“You, Mr. Foreman, have said that Hildebrand perhaps knows who took
the money. You will admit that you are guessing at it, just as I am
guessing. In his own testimony he was careful to say nothing that would
lead us to believe that he knows the guilty man. The State definitely
charges him with the crime and it produces evidence of an overwhelming
nature to support the charge. Against this evidence is his simple
statement that he did not take the money. He had already pleaded not
guilty. Is it to be expected of him, therefore, that he should say
anything else but that he did not rob his partners?
Public-domain text, read in full here on John Shaqi.
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