Harvey was arraigned in due form; the evidence was gone carefully through; and everything, so far as I was concerned, was done that man could do. But at the time to which I refer, counsel was not allowed to address the court on behalf of the prisoner--a practice since introduced from Scotland--and consequently I was allowed no opportunity to draw the attention of the jury to the total want of any direct evidence of the prisoner's guilt. Harvey himself tried to point out the unlikelihood of his being guilty; but he was not a man gifted with dialectic qualities, and his harangue fell pointless on the understandings of the twelve common-place individuals who sat in the jury-box. The judge finally proceeded to sum the evidence, and this he did emphatically _against_ the prisoner--dwelling with much force on the suspicious circumstance of a needy man taking up his abode at an expensive fashionable hotel; his furtive descent from his apartments by the back stairs; the undoubted fact of the watch being found in his trunk; the improbability of any one putting it there but himself; and the extreme likelihood that the robbery was effected in a few moments of time by the culprit, just as he passed from the bar of the hotel to the room which he had occupied. "If," said he to the jury, in concluding his address, "you can, after all these circumstances, believe the prisoner to be innocent of the crime laid to his charge, it is more than I can do. The thing seems to me as clear as the sun at noonday. The evidence, in short, is irresistible; and if the just and necessary provisions of the law are not enforced in such very plain cases, then society will be dissolved, and security for property there will be none. Gentlemen, retire and make up your verdict."
The jury were not disposed to retire. After communing a few minutes together, one of them stood up and delivered the verdict: it was _Guilty!_ The judge assumed the crowning badge of the judicial potentate--the black cap; and the clerk of arraigns asked the prisoner at the bar, in the usual form, if he had anything to urge why sentence of death should not be passed upon him.
Poor Harvey! I durst scarcely look at him. As the sonorous words fell on his ear, he was grasping nervously with shaking hands at the front of the dock. He appeared stunned, bewildered, as a man but half-awakened from a hideous dream might be supposed to look. He had comprehended, though he had scarcely heard, the verdict; for on the instant, the voice which but a few years before sang to him by the brook side, was ringing through his brain, and he could recognize the little pattering feet of his children, as, sobbing and clinging to their shrieking mother's dress, she and they were hurried out of court The clerk, after a painful pause, repeated the solemn formula. By a strong effort the doomed man mastered his agitation; his pale countenance lighted up with indignant fire, and firm and self-possessed, he thus replied to the fearful interrogatory:--