I took my seat in the place appropriated to Jurors in waiting, and I looked about the Court as well as I could through the cloud of fog and breath that was heavy in it. I noticed the black vapour hanging like a murky curtain outside the great windows, and I noticed the stifled sound of wheels on the straw or tan that was littered in the street; also, the hum of the people gathered there, which a shrill whistle, or a louder song or hail than the rest, occasionally pierced. Soon afterwards the Judges, two in number, entered, and took their seats. The buzz in the Court was awfully hushed. The direction was given to put the Murderer to the bar. He appeared there. And in that same instant I recognised in him the first of the two men who had gone down Piccadilly.
If my name had been called then, I doubt if I could have answered to it audibly. But it was called about sixth or eighth in the panel, and I was by that time able to say, “Here!” Now, observe. As I stepped into the box, the prisoner, who had been looking on attentively, but with no sign of concern, became violently agitated, and beckoned to his attorney. The prisoner’s wish to challenge me was so manifest, that it occasioned a pause, during which the attorney, with his hand upon the dock, whispered with his client, and shook his head. I afterwards had it from that gentleman, that the prisoner’s first affrighted words to him were, “At all hazards, challenge that man!” But that, as he would give no reason for it, and admitted that he had not even known my name until he heard it called and I appeared, it was not done.
Both on the ground already explained, that I wish to avoid reviving the unwholesome memory of that Murderer, and also because a detailed account of his long trial is by no means indispensable to my narrative, I shall confine myself closely to such incidents in the ten days and nights during which we, the Jury, were kept together, as directly bear on my own curious personal experience. It is in that, and not in the Murderer, that I seek to interest my reader. It is to that, and not to a page of the Newgate Calendar, that I beg attention.
I was chosen Foreman of the Jury. On the second morning of the trial, after evidence had been taken for two hours (I heard the church clocks strike), happening to cast my eyes over my brother jurymen, I found an inexplicable difficulty in counting them. I counted them several times, yet always with the same difficulty. In short, I made them one too many.
I touched the brother jurymen whose place was next me, and I whispered to him, “Oblige me by counting us.” He looked surprised by the request, but turned his head and counted. “Why,” says he, suddenly, “we are Thirt——; but no, it’s not possible. No. We are twelve.”
According to my counting that day, we were always right in detail, but in the gross we were always one too many. There was no appearance—no figure—to account for it; but I had now an inward foreshadowing of the figure that was surely coming.
The Jury were housed at the London Tavern. We all slept in one large room on separate tables, and we were constantly in the charge and under the eye of the officer sworn to hold us in safe-keeping. I see no reason for suppressing the real name of that officer. He was intelligent, highly polite, and obliging, and (I was glad to hear) much respected in the City. He had an agreeable presence, good eyes, enviable black whiskers, and a fine sonorous voice. His name was Mr. Harker.
When we turned into our twelve beds at night, Mr. Harker’s bed was drawn across the door. On the night of the second day, not being disposed to lie down, and seeing Mr. Harker sitting on his bed, I went and sat beside him, and offered him a pinch of snuff. As Mr. Harker’s hand touched mine in taking it from my box, a peculiar shiver crossed him, and he said, “Who is this?”
Following Mr. Harker’s eyes, and looking along the room, I saw again the figure I expected,—the second of the two men who had gone down Piccadilly. I rose, and advanced a few steps; then stopped, and looked round at Mr. Harker. He was quite unconcerned, laughed, and said in a pleasant way, “I thought for a moment we had a thirteenth juryman, without a bed. But I see it is the moonlight.”
Making no revelation to Mr. Harker, but inviting him to take a walk with me to the end of the room, I watched what the figure did. It stood for a few moments by the bedside of each of my eleven brother jurymen, close to the pillow. It always went to the right-hand side of the bed, and always passed out crossing the foot of the next bed. It seemed, from the action of the head, merely to look down pensively at each recumbent figure. It took no notice of me, or of my bed, which was that nearest to Mr. Harker’s. It seemed to go out where the moonlight came in, through a high window, as by an aerial flight of stairs.
Next morning at breakfast, it appeared that everybody present had dreamed of the murdered man last night, except myself and Mr. Harker.
I now felt as convinced that the second man who had gone down Piccadilly was the murdered man (so to speak), as if it had been borne into my comprehension by his immediate testimony. But even this took place, and in a manner for which I was not at all prepared.
On the fifth day of the trial, when the case for the prosecution was drawing to a close, a miniature of the murdered man, missing from his bedroom upon the discovery of the deed, and afterwards found in a hiding-place where the Murderer had been seen digging, was put in evidence. Having been identified by the witness under examination, it was handed up to the Bench, and thence handed down to be inspected by the Jury. As an officer in a black gown was making his way with it across to me, the figure of the second man who had gone down Piccadilly impetuously started from the crowd, caught the miniature from the officer, and gave it to me with his own hands, at the same time saying, in a low and hollow tone,—before I saw the miniature, which was in a locket,—“I was younger then, and my face was not then drained of blood.” It also came between me and the brother juryman to whom I would have given the miniature, and between him and the brother juryman to whom he would have given it, and so passed it on through the whole of our number, and back into my possession. Not one of them, however, detected this.
At table, and generally when we were shut up together in Mr. Harker’s custody, we had from the first naturally discussed the day’s proceedings a good deal. On that fifth day, the case for the prosecution being closed, and we having that side of the question in a completed shape before us, our discussion was more animated and serious. Among our number was a vestryman,—the densest idiot I have ever seen at large,—who met the plainest evidence with the most preposterous objections, and who was sided with by two flabby parochial parasites; all the three impanelled from a district so delivered over to Fever that they ought to have been upon their own trial for five hundred Murders. When these mischievous blockheads were at their loudest, which was towards midnight, while some of us were already preparing for bed, I again saw the murdered man. He stood grimly behind them, beckoning to me. On my going towards them, and striking into the conversation, he immediately retired. This was the beginning of a separate series of appearances, confined to that long room in which we were confined. Whenever a knot of my brother jurymen laid their heads together, I saw the head of the murdered man among theirs. Whenever their comparison of notes was going against him, he would solemnly and irresistibly beckon to me.
It will be borne in mind that down to the production of the miniature, on the fifth day of the trial, I had never seen the Appearance in Court. Three changes occurred now that we entered on the case for the defence. Two of them I will mention together, first. The figure was now in Court continually, and it never there addressed itself to me, but always to the person who was speaking at the time. For instance: the throat of the murdered man had been cut straight across. In the opening speech for the defence, it was suggested that the deceased might have cut his own throat. At that very moment, the figure, with its throat in the dreadful condition referred to (this it had concealed before), stood at the speaker’s elbow, motioning across and across its windpipe, now with the right hand, now with the left, vigorously suggesting to the speaker himself the impossibility of such a wound having been self-inflicted by either hand. For another instance: a witness to