“Not so fast—not so fast, brother Williams,” put in Timms, who felt it
was now his turn to say a word, and who was thumbing a small
pocket-almanac very diligently the while.
“This discussion, I understand the learned gentleman, took place in the
juror’s store?”
“It did, sir,” was the answer—“a place where such discussions are very
apt to occur. Hook and White loaf half their time away in that store.”
“All quite likely—very likely to happen—Mr. Hatfield, do you open your
store on the Sabbath?”
“Certainly not—I am very particular to do nothing of the sort.”
“A church-member, I suppose, sir?”
“An undeserving one, sir.”
“Never, on any account, in the practice of opening your store of a
Sabbath, I understand you to say?”
“Never, except in cases of sickness. We must all respect the wants of
the sick.”
“Are Hook and White in the habit of loafing about on your premises of a
Sunday?”
“Never—I wouldn’t tolerate it. The store is a public place of a
week-day, and they can come in if they please; but I wouldn’t tolerate
such visits on the Sabbath.”
“Yet, if the court please, the 26th of last May happened to fall on the
Sabbath day! My brother Williams forgot to look into the almanac before
he made up his brief.”
Here Timms sat down, cocking his nose still higher, quite certain of
having made a capital hit towards his views on the Senate, though he
actually gained nothing for the cause. There was a general simper in the
audience; and Williams felt that he had lost quite as much as his
opponent had gained.
“Well, gentlemen, time is precious—let us get on,” interposed the
judge—“Is the juror to enter the box or not?”
“I trust a trifling mistake as to the day of the month is not about to
defeat the ends of justice,” answered Williams, raising himself higher
on his stilts, as he found himself sinking lower in his facts. “I put it
on the 26th by a miscalculation, I can now see. It was probably on the
25th—Saturday is the loafer’s holiday;—yes, it must have been on
Saturday the 25th that the conversation took place.”
“Do you remember this fact, juror?”
“I remember, now so much has been said on the subject,” answered
Hatfield, firmly, “that I was not at home at all between the 20th and
the 27th of May last. I could have held no such conversation on the 25th
or 26th of May; nor do I know that I think Mary Monson either innocent
or guilty.”
As all this was true, and was uttered with the confidence of truth, it
made an impression on the audience. Williams doubted; for so fine was
his skill in managing men, that he often succeeded in gaining jurors by
letting them understand he suspected them of being prejudiced against
his case. With the weak and vain, this mode of proceeding has frequently
more success than a contrary course; the party suspected being doubly
anxious to illustrate his impartiality in his verdict. This was what
Williams, and indeed the bar, very generally calls “standing so erect as
to lean backward.”
Public-domain text, read in full here on John Shaqi.
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