On the eighth day of the trial, after the pause which was every day made early in the afternoon for a few minutes’ rest and refreshment, I came back into Court with the rest of the Jury some little time before the return of the Judges. Standing up in the box and looking about me, I thought the figure was not there, until, chancing to raise my eyes to the gallery, I saw it bending forward, and leaning over a very decent woman, as if to assure itself whether the Judges had resumed their seats or not. Immediately afterwards that woman screamed, fainted, and was carried out. So with the venerable, sagacious, and patient Judge who conducted the trial. When the case was over, and he settled himself and his papers to sum up, the murdered man, entering by the Judges’ door, advanced to his Lordship’s desk, and looked eagerly over his shoulder at the pages of his notes which he was turning. A change came over his Lordship’s face; his hand stopped; the peculiar shiver, that I knew so well, passed over him; he faltered, “Excuse me, gentlemen, for a few moments. I am somewhat oppressed by the vitiated air;” and did not recover until he had drunk a glass of water.
Through all the monotony of six of those interminable ten days,—the same Judges and others on the bench, the same Murderer in the dock, the same lawyers at the table, the same tones of question and answer rising to the roof of the court, the same scratching of the Judge’s pen, the same ushers going in and out, the same lights kindled at the same hour when there had been any natural light of day, the same foggy curtain outside the great windows when it was foggy, the same rain pattering and dripping when it was rainy, the same footmarks of turnkeys and prisoner day after day on the same sawdust, the same keys locking and unlocking the same heavy doors,—through all the wearisome monotony which made me feel as if I had been Foreman of the Jury for a vast period of time, and Piccadilly had flourished coevally with Babylon, the murdered man never lost one trace of his distinctness in my eyes, nor was he at any moment less distinct than anybody else. I must not omit, as a matter of fact, that I never once saw the Appearance which I call by the name of the murdered man look at the Murderer. Again and again I wondered, “Why does he not?” But he never did.
Nor did he look at me, after the production of the miniature, until the last closing minutes of the trial arrived. We retired to consider, at seven minutes before ten at night. The idiotic vestryman and his two parochial parasites gave us so much trouble that we twice returned into Court to beg to have certain extracts from the Judge’s notes re-read. Nine of us had not the smallest doubt about those passages, neither, I believe, had any one in the Court; the dunder-headed triumvirate, having no idea but obstruction, disputed them for that very reason. At length we prevailed, and finally the Jury returned into Court at ten minutes past twelve.
The murdered man at that time stood directly opposite the Jury-box, on the other side of the Court. As I took my place, his eyes rested on me with great attention; he seemed satisfied, and slowly shook a great gray veil, which he carried on his arm for the first time, over his head and whole form. As I gave in our verdict, “Guilty,” the veil collapsed, all was gone, and his place was empty.
The Murderer, being asked by the Judge, according to usage, whether he had anything to say before sentence of Death should be passed upon him, indistinctly muttered something which was described in the leading newspapers of the following day as “a few rambling, incoherent, and half-audible words, in which he was understood to complain that he had not had a fair trial, because the Foreman of the Jury was prepossessed against him.” The remarkable declaration that he really made was this: “My Lord, I knew I was a doomed man, when the Foreman of my Jury came into the box. My Lord, I knew he would never let me off, because, before I was taken, he somehow got to my bedside in the night, woke me, and put a rope round my neck.”