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The result of the first trial was inconclusive and on the central point the Court divided four to four. After a rehearing, Justice Jackson, who had been ill and not present at the first trial, gave his vote in favor of constitutionality, but in the meantime another justice had changed his opinion and voted against it.
I saw Judge Bering that evening. We sat on a plush sofa in the parlour of his house in Baker Street. "I had a notion Gorse'd be mad," he said, "but it looked to me as if they had it on us, Paret. I didn't see how we could do anything else but affirm without being too rank. Of course, if he feels that way, and you want to make a motion for a rehearing, I'll see what can be done."
The negotiation with Venezuela relative to the rehearing of the awards of the mixed commission constituted under the treaty of 1866 was resumed in view of the recent acquiescence of the Venezuelan envoy in the principal point advanced by this Government, that the effects of the old treaty could only be set aside by the operation of a new convention.
The next day, however, there was a rehearing of the case, when he was returned to the gaol, where he was to lie till the Lords of the Admiralty should order a sessions to be held for the trial of offences committed on the high seas.
Whilst he was detained in the Santa Cruz jail awaiting a rehearing of his case, it was frequently my privilege to visit that place through the week and, with my little autoharp for accompaniment, to sing for the prisoners.
I was less confidential with the members of the House Committee, because I realized that nothing could be done against us unless the bill passed the Senate. But I gave the news of the Church's reconsideration of its attitude to Colonel G. W. R. Dorsey, the member from Nebraska, and he used his influence to get me a rehearing from the House Committee.
The reply he made was this: "Be a man, and not a baby. I am your friend, and not your enemy. You shall have a rehearing. Go up to the office and see Brother Erastus Snow, and arrange the time for the hearing." We arranged the time of meeting. It was agreed that all parties interested were to be notified of the meeting, and required to be in St. George on the following Wednesday, at 2 p. m.
His mind involuntarily flew to the possibility of this confinement being but a foretaste of the other that waited for him should the rehearing not be granted. From the beginning he had refused to consider the possibility of conviction; he was innocent, he would be cleared.
Through unforeseen causes, foreign to the will of both Governments, the ratification of the convention of December 5, 1885, with Venezuela, for the rehearing of claims of citizens of the United States under the treaty of 1866, failed of exchange within the term provided, and a supplementary convention, further extending the time for exchange of ratifications and explanatory of an ambiguous provision of the prior convention, now awaits the advice and consent of the Senate.
Through unforeseen causes, foreign to the will of both Governments, the ratification of the convention of December 5, 1885, with Venezuela, for the rehearing of claims of citizens of the United States under the treaty of 1866, failed of exchange within the term provided, and a supplementary convention, further extending the time for exchange of ratifications and explanatory of an ambiguous provision of the prior convention, now awaits the advice and consent of the Senate.
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