The house was large, to be sure, but its capacity was already so far taxed that it could not provide a jury room. It was therefore the custom of the bailiffs to use as a jury room an open, mossy glade shaded by a great live oak tree on the farther bank of the Llano, and distant two or three hundred yards from the court house. Here, therefore, the jury were conducted, the bailiffs retired to some distance, and discussion of a verdict was begun. In spite of the weight of evidence against him, two or three were for acquittal. The others said they were "damned sorry; Jim was a mighty good feller, but it 'peared like they'd have to foller the evidence." So the discussion pro and con ran on into the mid-afternoon without result. It was an intensely hot afternoon, the air close and heavy with humidity, an hour when all Texans who can do so take a siesta. Judge and counsel were snoozing peacefully on the gallery of the distant court house, and the two bailiffs guarding the "jury room," overcome by habit and the heat, were stretched at full length on the ground, snoring in concert. This situation made the opportunity for a friend at court. Shang Rhett was the friend awaiting this opportunity. Stepping lightly out of the brush where he had been concealed, a few paces brought him among the jurors. "Howdy! boys?" Shang drawled. "Pow'ful hot evenin', ain't it! Moseyin' roun' sort o' lonesome like, I thought mebbe so you fellers 'd be tired o' talkin' law, an' I'd jes' step over an' pass the time o' day an' give you a rest." A rude diplomat, perhaps, Shang was nevertheless a cunning one. Several jurors expressed their appreciation of his sympathy and one answered: "Tired o' talkin'! Wall, I reckon so. I'm jes' tireder an' dryer 'n if I'd been tailin' down beef steers all day. My ol' tongue's been a-floppin' till thar ain't nary 'nother flop left in her 'nless I could git to ile her up with a swaller o' red-eye, an--" regretfully--"I reckon thar ain't no sort o' chanst o' that." "Thar ain't, hey?" replied Shang, producing a big jug from the brush near by. "'Pears like, 'nless I disremember, thar's some red-eye in this yere jug." Upon examination the jug was found to be nearly full; but, passed and repassed around the "jury room," it was not long before the jug was empty, and the jury full.