"The attorney for the state will confine himself to the line of evidence he proposes to present. The jury may properly be left to form their own opinion of the prisoner's personal appearance," Judge Douglas responded, with some severity.
"Very well, your honor; but it is impossible to prejudice a case so plain to all men as this will be made to appear further on. Restricting myself, however, as you justly observe, we shall prove all that I have intimated and more. We will prove that a sum of money, great enough to tempt the cupidity of a weak man, such as the prisoner at the bar, was left in his care, and that taking advantage of the confidence reposed in him, he deliberately and feloniously and with malice aforethought made away with it, to his own advantage and the detriment of his patron and the good morals of society. All this we will prove, may it please your honor and the honorable jury."
When Moth concluded, Mr. Promb arose, but only to excuse himself from addressing the court at this stage of the proceedings. Whereupon Moth sprang to his feet again and asked that Mr. Henry Seymour, a friend of the prisoner, be sworn. When thus called, Mr. Seymour, who sat some way off, arose and made his way to the witness-stand, all eyes turned expectantly upon him, as if he, too, might possibly be guilty, being a friend of the accused. Passing Uncle Job, the latter smiled upon him as if in assurance of unalterable good will, whatever his testimony might be. When Mr. Seymour had been sworn, Moth proceeded:
"Were you present in the office of Throckmorton & Rathe on the evening when the sum of money stolen, amounting to about ten thousand dollars, was intrusted to the personal care of Job Throckmorton for safe-keeping over night?"
"Did the said Throckmorton receive the money?"
"Did he not volunteer to perform this service without solicitation from anyone? Nay, did he not insist upon assuming the care of the money when Mr. Rathe asked to be allowed to perform the duty?" Moth went on.
"I do not understand that Rathe did more than volunteer to take charge of the money."
"Answer my question, yes or no. Did not the prisoner insist upon remaining at the office to guard the money?"
Upon this the witness turned to the judge, as if seeking guidance, and the latter nodding assent, Mr. Seymour answered, but with manifest reluctance, it was plain: