64 Reminiscences of 



One instance I recall in a criminal case where 

 Choate was engaged for the defendant, which was 

 of prolonged period, and excited an absorbing inter- 

 est from the community, when his summing up of 

 the evidence consumed several hours; and when the 

 condition of the jury was plainly evident to the 

 assemblage, being clear that eleven of the jury were 

 for acquittal, while the twelfth sat stolidly in the 

 front centre of the box, assuming an indifference 

 unfelt by any other in the court. The case was one 

 where the defendant had slain the seducer of his 

 honor, clearly and premeditately. In the sense of 

 the law it was a clear case for conviction. But who 

 can account for the conclusions of a jury, which may 

 act from sympathy, with its impulses strained to a 

 forgetfulness of the mandate, "Thou shalt not kill." 

 The twelfth juror became aware as all present that 

 he was the conspicuous object of attention, and con- 

 scious that his attitude was apparent to his fellow- 

 jurors, as well as to the orator of defence, and that 

 the latter's efforts were particularly directed toward 

 him, and prolonged for his conversion. He was a 

 singular man, of sturdy make-up and decided cast, 

 with frontal head retreating to rear prominence; 

 one of that sort of men who occasionally get drawn 

 on a jury where the other eleven are wanting in good 

 sense and reason. He had long since ceased to allow 

 his sight to be obscured by the presence of the orator 

 who held entranced with magnetic power the rest of 

 the jury, and, affecting a stupid languor, sat with 

 downcast head and eyes. Choate sought but one 

 glance to hold with his conquering power, but in vain. 

 It was an exciting period, a waiting one, to exhibit 



