wrote "Robert Penfold" was not, in his opinion, the hand that had written
the body of the instrument. He gave many minute reasons in support of
this. And nothing of any weight was advanced contra. The judge directed
the jury to acquit the prisoner on that count.

But, on the charge of uttering, the evidence was clear, and on the
question of knowledge it was, perhaps, a disadvantage to the prisoner
that he was tried in England, and could not be heard in person, as he
could have been in a foreign court; above all, his resistance to the
officers eked out the presumption that he knew the note had been forged
by some person or other, who was probably his accomplice.

The absence of his witness, Wardlaw junior, was severely commented on by
his counsel; indeed, he appealed to the judge to commit the said Wardlaw
for contempt of court. But Wardlaw senior was recalled, and swore that he
had left his son in a burning fever, not expected to live. And declared,
with genuine emotion, that nothing but a high sense of public duty had
brought _him_ hither from his dying son's bedside. He also told the court
that Arthur's inability to clear his friend had really been the first
cause of his illness, from which he was not expected to recover.

The jury consulted together a long time; and, at last, brought in a
verdict of "GUILTY"; but recommended him to mercy on grounds which might
fairly have been alleged in favor of his innocence; but, if guilty,
rather aggravated his crime.

Then an officer of the court inquired, in a sort of chant or recitative,
whether the prisoner had anything to say why judgment should not be given
in accordance with the verdict.