CHAPTER XXII.


After the last words of the prisoners had been heard, and the lengthy
arguments over the form in which the questions were to be put to the
jury were over, the questions were finally agreed upon, and the
justiciary began to deliver his instructions to the jury.

Although he was anxious to finish the case, he was so carried away
that when he started to speak he could not stop himself. He told the
jury at great length that if they found the prisoners guilty, they had
the right to return a verdict of guilty, and if they found them not
guilty, they had the right to return a verdict of not guilty. If,
however they found them guilty of one charge, and not guilty of the
other, they might bring in a verdict of guilty of the one and not
guilty of the other. He further explained to them that they must
exercise this power intelligently. He also intended to explain to them
that if they gave an affirmative answer to a question, they would
thereby affirm everything involved in the question, and that if they
did not desire to affirm everything involved in the question, they
must distinguish the part they affirmed from the part they
disaffirmed. But, seeing on the clock that it was five minutes of
three, he decided to pass over to a statement of the case.

"The facts of this case are the following," he began, repeating
everything that had been stated over and over again by the defendants'