She thought that she knew that phrase now, as when she was a child she had known some of the rules of Latin grammar--verbs conjugated with _ad, ante, con, in, inter_--what did they do? How funny that she couldn't remember. Her eyes had again fixed themselves on the spot on the carpet so near O'Bannon's feet that she was aware of any movement on his part, and yet she was not looking at him. A fly came limply crawling into her vision, and her eyes followed it as it lit on O'Bannon's boot. She glanced up to where his hand was resting on his knee, and then wrenched her eyes away--back to the floor again.
"If you find that the defendant is not guilty of manslaughter in the first degree you must then consider whether or not she is guilty of manslaughter in the second degree--that is, whether she occasioned the death of Drummond by an act of culpable negligence. Culpable negligence has been defined by Recorder Smyth in the case of--in the case of the People against Bedenseick as the omission to do something which a reasonable and prudent man would do, or the doing of something which such a man would not do under the circumstances of each particular case. Or, what is the same thing----"
How incredibly tiresome! She glanced at the jury. They were actually listening, drinking in the judge's words. All of a sudden she knew by his tone that he was coming to an end.
"If you find that a killing has taken place, but that it is not manslaughter in either degree, then it is your duty to acquit. If on the other hand you find the defendant guilty in either degree you must not consider the penalty which may be imposed. That is the province of the court; yours is to consider the facts. Such, gentlemen, is the law. The evidence is before you. You are at liberty to believe or to disbelieve the testimony of any witness in part or as a whole, according to your common sense. Weigh the testimony, giving each fact its due proportion; and then, according to your best judgment, render your verdict."
His Honor was silent. There were a few requests to charge from both sides, and the jury filed solemnly out. Almost without a pause the next case was called, the attendant's voice ringing out as before--"The case of the People against----"