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Updated: June 7, 2025


There must have been something very much amiss in the jury-room. The judge while the summing up is going on, is not very attentive. His part of the case is over. While the proof was being given he was alert. True, the charge is coming afterwards, but he knows fairly well what he is going to say, and it is going to be formal.

Then the judge recovered himself. "You win," he said, "but the next time you and I bet on a decision it is going to be one of our cases without a jury." The attendant asks for the bill and returns to the jury-room. The court falls into a lethargy of waiting. The jury, having their information, go on with the discussion, probably on the following lines.

He was yet far from such acknowledgment, and at this moment was only thinking how to avoid disclosure which might be made by her, or her attorney, and thus disgrace him before everybody. Nekhludoff was in this state of mind when he left the court-room and entered the jury-room. He sat near the window, listening to the conversations of his fellow jurymen, and smoked incessantly.

When he reached the railing of the prisoners' box he clutched it and resisted loosely, sobbing in his throat; but he was thrust forward into a seat, where he collapsed. The judge and the attorneys were in their places when a deputy sheriff swung open the door to the jury-room and the "twelve good men and true" appeared.

There were other bailiffs one at the gate giving into the railed space before the judge's desk, where prisoners were arraigned, lawyers sat or pleaded, the defendant had a chair, and so on; another in the aisle leading to the jury-room, and still another guarding the door by which the public entered.

"The prosecutor has not arrived yet; when he does I will let you know, and will escort you myself to him after the session. And now, please to walk into the court. The session is commencing." Nekhludoff thanked the usher, who seemed to him particularly pitiful to-day, and went into the jury-room.

The story was a shocking one, yet the jury apparently never considered at all the possibility of convicting her, but on retiring to the jury-room spent their time in discussing how much money they should present her on her acquittal. No better actor ever played a part upon the court-room stage than old "Bill" Howe.

"The court, despairing and thirsty, had adjourned to meet at seven o'clock. In the jury-room all arguments for and against the stand taken by the unshaken eight seemed exhausted. The hours dragged wearily by. At half-past five o'clock, to our great surprise, three of the obstinate crowd came over to our way of thinking.

The defendant had proved a good reputation; upon that point there was only this to be said: that, while such evidence was entitled to weight, yet, on the other hand, crimes involving a breach of trust could, from their very nature, be committed only by persons whose good reputations secured them positions of trust. The jury-room had evidently not been furnished by a ring.

Many people there felt queer, and grew pale in the suspense, and the general gaze was fixed upon the prisoner with a coarse curiosity, of which he seemed resolutely unconscious; and five minutes passed by and a minute or two more it seemed a very long time the minute-hands of the watches hardly got on at all and then the door of the jury-room opened, and the gentlemen came stumbling in, taking off their hats, and silence was called.

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