p. 332The Jury retired at the eleventh hour (modern time, 5 p.m.) to consider their verdict. As it was expected the deliberations of the Jury would take a long time, the Court rose, and adjourned till the next day, leaving the Jury to their work. Meanwhile, many people hung about the place, and heard the sounds of fierce debate issuing every now and then from the jury room. Next day had dawned, and the Jury, many of whom had fallen asleep, had not arrived at a verdict. At the re-assembling of the Court, they were still at it. A messenger from his Lordship brought word that agreement was impossible. The Jury were then sent for, and entered the Court.
The Clerk of the Court: Gentlemen of the Jury, are you agreed upon your verdict.
The Foreman: No.
His Lordship: I understand there is no prospect of your coming to an agreement?
The Foreman: No, my Lord, it is impossible. We are just as far from agreement as when we began.
Sir F. C. Partialfact Unbelief: I apprehend, my Lord, there is nothing for it but to discharge the Jury.
Juryman Hearty-in-everything: And have a new trial?
His Lordship: The way would, of course, be open for a new trial: but I do not see what would be gained by a new trial.
Sir F. C. Partialfact Unbelief: No, my Lord; we have had quite enough, I am sure. I should have been glad if the Jury could have come to an agreement—on the side of the plaintiffs, of course—but, under the circumstances, the best thing that we can do is to all go home.
Sir Noble Acceptorof Alltruth: I agree with my learned p. 333 friend that a new trial could serve no good purpose, and that the only course is to discharge the Jury; but I beg to suggest that, before the Jury depart, they be allowed to give each man his own verdict. It will be interesting to the Court, and may be some guide to the thousands of people who have taken an interest in the trial.
His Lordship: Such a course would be very unusual.
Sir F. C. Partialfact Unbelief: Most unusaul, my Lord, and contrary to all precedent we ever heard of.
Sir Noble Acceptorof Alltruth: I admit it would be contrary to precedent: but it is in the power of the Court to establish a new precedent. Or, perhaps, my Lord, you would allow my request, without making it a precedent. Let it be an odd incident peculiar to this case, not to be followed in any other.
His Lordship: It is a peculiar request.
Sir Noble Acceptorof Alltruth: The case is peculiar, my Lord, and affects the outside public to an unprecedented extent. I am sure it would be an acceptable deviation from precedent, so far as the public are concerned.
His Lordship: Perhaps so.
Sir Noble Acceptorof Alltruth: It would do no harm.
Sir F. C. Partialfact Unbelief: I am not so sure about that.
Sir Noble Acceptorof Alltruth: I appeal to my friend not to stand in the way. A full record of the individual verdicts of the Jury will enable my friend to see how far his acumen has prevailed with them.
Sir F. C. Partialfact Unbelief: A very plausible suggestion. I suspect it is not the effects of my acumen that my friend is so anxious to discover.
Sir Noble Acceptorof Alltruth: I don’t particularly want to discover anything, but merely to see what these men think.
Sir F. C. Partialfact Unbelief: Very well; have your way, if his Lordship consents.
Sir Noble Acceptorof Alltruth: My friend withdraws his objection. Will your Lordship allow my request?
His Lordship: It is a very novel one. However, all parties consenting, there can be no harm in recording.