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Murgatroyd returned to his place in front of the jury rail, and briefly reviewed the evidence.
Then with great emotion in his voice he went on:--
"And what part, gentlemen, did the wife have in all this? His wife, who sat through the weary hours of the night waiting for the thing she loved, while her husband not only lavished his affections but her money on others--his friends. His friends! Had he friends? If so, where are they? No, long ago he turned his back on his real friends; they were in the light; he sought the darkness."
As the prosecutor went on with his merciless flaying, Challoner grew hot and cold by turns.
"... Gentlemen, behold the result of riotous living!" he declared, pointing his finger at the prisoner. "The pace that kills!...
"And so, in view of these facts, in view of the prisoner's private history, I tell you that the defence here is absurd, ridiculous.
Gentlemen, on behalf of the people, in the name of justice, I ask you to convict this man."
For an instant he stood eyeing the twelve jurors. Then, raising his right hand solemnly he brought it down with full sudden force upon the railing between himself and them.
"And let me warn you, gentlemen of the jury," he continued ominously, "that the honour, the integrity of this metropolis hangs in the balance.
If you acquit this defendant and set him free, the people of this State, the people of the country, will say henceforth that all that a murderer need have to secure an acquittal--his freedom, is money, money, money."
As the prosecutor seated himself, there was a gasp of relief from the people in the court-room. Broderick ventured inside of the railed s.p.a.ce set aside for counsel and shook hands with Thorne.
"Counsellor," he said, "you certainly handled that trial like a veteran.
You saw your duty and you did it."
Thorne nodded his thanks, and answered:--
"I held Murgatroyd down to the woman in the case, all right. He had to stick to that one motive. This verdict will let everybody out----"
"But Challoner," added Broderick.
"Everybody but Challoner," agreed Thorne; "and the incident will be closed."
Broderick, with a certain self-satisfied air, went on:--
"When you were talking, I put up ten dollars with a chap back there in the court-room that Challoner'd go free."
"Not in a thousand years!" declared Thorne, flatly.
"I'm afraid you're right," said Broderick, and added with a twinkle in his eye: "I hate to lose that ten. Still if I do lose it, it'll be tougher for Challoner and her--" he jerked his head toward Mrs.
Challoner at the other end of the table--"than it will be for me. Oh, well, such is life! The world is full of the wives of criminals, and they all marry again and have children and live happily ever after."
Once more, he glanced in the direction of Miriam Challoner, and presently commented in a low voice:--
"There's a plucky little woman, Thorne; nothin' can feaze her. I've been watchin' her; and she's just as sure of that jury as I am of my own a.s.sembly district after it has gone through my trousers pockets the night before election." And clapping Thorne on the shoulder familiarly, he took his departure, saying:--
"I'll be back to hear the verdict."
It was nearly two o'clock. The Court had charged the jury; the jury had filed out; they were still locked up in the jury-room. The crowd had left the court-room, Challoner had been taken down-stairs, Pemmican had been housed in jail under the gambling warrants; only Thorne, Miriam and Shirley remained.
"Wasn't that a terrible arraignment of Prosecutor Murgatroyd!" exclaimed Shirley. "When he faced Laurie and told him what he thought of him--it was simply awful!" and the girl covered her face with her hands as if to shut out the sight of it all.
"Why, Shirley," said Miriam quietly, "it's a prosecutor's business to say these things about a prisoner. It's all in a day's work, isn't it, Mr. Thorne?" And she smiled faintly.
Thorne was about to speak when a uniformed attendant suddenly entered at one door and swung across the court-room to another. In pa.s.sing, he called to Thorne:--
"The jury has agreed!" He disappeared in the direction of the prosecutor's private office.
A moment later another court-officer strode toward the judge's private chambers, and likewise announced in pa.s.sing:--
"The jury's coming in!"
Thorne looked cheerful, by way of encouragement to the women. Shirley blanched, her lips whitened, she trembled from head to foot; but Thorne noted that Miriam's eyes only grew brighter; she concealed her agitation well.
"It will all be over in a minute now," Miriam exclaimed joyfully, "and he'll be free, free!"
Without, within, everywhere was bustle, expectation. The crowd filed back into the court-room; Murgatroyd came in from his private office; the Court took its seat upon the bench; and then just as Broderick waddled in, the barred door in the far corner opened, and Challoner, as though in a daze, walked down the aisle, an officer in front and one behind him. The clerk glanced about him to see that all was in readiness, and then nodding to an officer, he said:--
"Bring 'em in!"
A minute that seemed minutes elapsed, and then the jury filed in--a jury whose faces, whose demeanour told nothing, gave no sign. Then there was an interval of silence, and in that interval a cutting pang seized upon the soul of every human present--the agony of suspense, the travail that precedes the birth of a verdict.
"Gentlemen of the jury," said the clerk rapidly, "have you agreed upon your verdict?"
"We have," came in chorus.
"Who do you say shall answer for you?"
The eleven men pointed toward their foreman.
"Gentlemen of the jury," said the clerk, "look upon the prisoner; prisoner, look upon the jury. Gentlemen of the jury, how do you say you find--guilty or not guilty?"
The foreman glanced upon the piece of paper which he held in his left hand and gripped the rail before him with his right.
"Guilty," he replied.
"What's that?" exclaimed Graham Thorne in affected astonishment.
"What?" came from Miriam Challoner shrilly; and the next moment all the colour had left her face; she was pale as death.
"Guilty, your Honour," repeated the foreman in a louder tone.
"Guilty of what?" queried the Court impatiently.
"Of murder in the first degree," answered the jury as one man.
"Gentlemen of the jury, your verdict is guilty of murder in the first degree, and so say all of you?" reeled off the clerk, looking at his minutes.
They nodded.