The foreman shook his head. "That oughtn't to influence our decision."
Mr. Plummer differed, and said so.
"It'll influence mine. James Bailey is not yet eighteen. To send him to prison will do him more harm than good. If his case is to come under the First Offenders Act, we shall know where we are."
"We might make a recommendation to that effect," suggested Captain Rudd.
"Excuse me," interposed Mr. Moss, "but I doubt if I could agree to our doing that. I'm afraid that Master Bailey deserves some punishment. This is not the first time he has done this sort of thing. He was dismissed from his last two places for dishonesty."
Again the foreman shook his head.
"That didn't come out in the evidence. You know, gentlemen, what we have to do is to dismiss from our minds any knowledge of the parties which we may have outside the case, and confine our attention to the sworn testimony."
Mr. Moss smiled, declining to be pooh-poohed.
"That's all very well in theory, Mr. Grice, but in practice it won't do. Nichols, with his fish-cart, has done a daily round in this country of some twenty miles or so for the last twelve or fourteen years. I doubt if there is a person in this room who has not some knowledge of him. As for Bailey, his mother lives within a hundred yards of my house; I have known him ever since he was born. I am acquainted, too, with his last two employers, and with the circumstances under which he left them."
"I know nothing of either of the parties," said Captain Rudd.
"You are a new-comer. I doubt, as I say, if any other person present can say the same."
If any other person could, he didn't. There was a pause-broken by the foreman.
"Let us understand our position. Eight of us say guilty-Mr. Tyler goes with the majority; two of us have not yet made up our minds; and Mr. Longsett is the only one who says not guilty. May I inquire, Mr. Longsett, on what grounds you favour an acquittal?"
"You've no right to ask me anything of the kind. This is not the first jury I've served on. Although you're foreman, you're only like the rest of us. What you've got to do is to ask me if I say guilty or not guilty. I say not guilty.
"I believe, Mr. Longsett," insinuated Mr. Moss, "that Bailey is a relation of yours?"
"That's no business of yours."
"Then are we to understand, Mr. Longsett" – the foreman spoke with almost ominous suavity-"that you have arrived at a point at which you are impervious to argument?"
"I say not guilty."
"Even though it may be demonstrated beyond a shadow of a doubt that the prisoner is guilty?"
"It's no good talking to me, Mr. Grice. I say not guilty."
The foreman, stretching out his hands in front of him, looked round the table with an air which was eloquent with deprecation. Old Parkes banged his fist upon the board.
"And I say guilty, and I hope they'll give him seven years-the thieving varmint!"
"Arrived at a state of sudden conviction-eh, George?"
This was Mr. Timmins, who was middle-aged and jaunty.
"Some people are easily convinced," growled Mr. Longsett.
"You're not one of that sort, are you, Jacob?"
This again was Mr. Timmins.
"You won't convince me."
Nor, judging from the expression of Jacob's visage, did there seem to be much probability of their being able to do anything of the kind. There was another interval of silence-broken this time by Captain Rudd.
"Then because this gentleman chooses to differ from us, without condescending to give us his reason for so doing, are we to stultify ourselves, and is justice to be baulked? Is that the situation, Mr. Foreman?"
"Excuse me, Captain Rudd, but Mr. Longsett is not alone. I also say not guilty. The observation of Mr. Parkes, expressing a hope that the prisoner will get seven years, shows to me that a spirit of malignancy is in the air, and to that spirit I am unable to subscribe."
The speaker was Mr. Plummer. The others looked at him. The foreman spoke.
"Pardon me, Mr. Plummer, but why do you say not guilty?"
"Because I decline to be a participator in the condemnation of this mere youth to a ruthless term of penal servitude."
"But, my dear sir, he won't get penal servitude-Mr. Parkes was only joking. He'll get, at the outside, three months."
"That would be too much. It would be sufficient punishment for one of his years-my views on the subject of juvenile delinquency I have never disguised-that he should be requested to come up for judgment when called upon."
"But, my dear sir, if the magistrates leave us a free hand to do our duty, why can't we leave them a free hand to do theirs? The issue we have to decide upon is a very simple one; the responsibility of acting on that decision will be theirs."
Mr. Plummer settled his spectacles on his nose and was silent. Captain Rudd addressed him.
"I suppose you will not deny, sir, that all the evidence goes to prove the prisoner's guilt?"
"There are degrees in guilt."
"Possibly-but you admit that there is guilt, even though it may only be in the positive degree?"
Again Mr. Plummer was still. Mr. Slater called to Mr. Longsett across the table:
"You're a sportsman, Jacob, and I'm a sportsman. I tell you what I'll do. I'll toss you, guilty or not guilty. I can't stop messing about here all day-I've got my beasts to dress."
Mr. Longsett was obviously tempted; the offer appealed to the most susceptible part of him. Still, he shook his head.
"No," he grunted, as if the necessity of announcing such a refusal pained him. "I shan't."
Mr. Plummer was scandalised.
"Such a proposal is disgraceful-it ought not to be allowed to be made. Making of justice a mockery!"
Mr. Slater declined to be snubbed-at least by Mr. Plummer.
"Seems to me as if you don't quite know where you are. First you want to preach to the magistrates, then you want to preach to the jury; perhaps you think you're at the corner of High Street?"
There were those who smiled. The reference was to Mr. Plummer's fondness for open-air expositions of "the Word." Mr. Grice drummed with his fingers on the table.
"Come, gentlemen, come! we're wasting time. As business men we ought to know its value. Now, Mr. Longsett, I've too much faith in your integrity not to know that you're open to conviction. Tell us, where do you think the evidence for the prosecution is not sufficiently strong?" Mr. Longsett did not justify the foreman's faith by answering. "Be frank, on what point are you not satisfied?"
After more than momentary hesitation Mr. Longsett replied, without, however, raising his eyes.
"It's no use talking to me, Mr. Grice, so that's all about it. I say not guilty!"
Mr. Moss explained.
"The plain fact is, Mr. Foreman, Mr. Longsett is a relation of the prisoner; he ought not to have been on this jury at all."
This time Mr. Longsett did raise his eyes-and his voice too.
"I've as much right to be on the jury as you have-perhaps more. Who do you think you are? I pay my way-and I pay my servants too! They don't have to county-court me before they can get their wages. Only the other day I was on a jury when they were county-courting you. So it isn't the first jury I've been on, you see."
Mr. Moss did not seem pleased. The allusion was to a difference which that gentleman had had with one of his servants, and which had been settled in the county court. Again the foreman drummed upon the board.
"Order, gentlemen, order!"
Mr.