"Under strong provocation," the foreman admitted. But provocation is not an excuse, judged by the rules of discipline. The prisoner challenged the officer on duty to fight a duel, at the first opportunity, on shore; and, receiving a contemptuous refusal, struck him on the quarter-deck. As a matter of course, Mr. Westerfield was tried by court-martial, and was dismissed the service. Lord Le Basque's patience was not exhausted yet. The Merchant Service offered a last chance to the prisoner of retrieving his position, to some extent at least. He was fit for the sea, and fit for nothing else. At my lord's earnest request the owners of the _John Jerniman_, trading between Liverpool and Rio, took Mr. Westerfield on trial as first mate, and, to his credit be it said, he justified his brother's faith in him. In a tempest off the coast of Africa the captain was washed overboard and the first mate succeeded to the command. His seamanship and courage saved the vessel, under circumstances of danger which paralyzed the efforts of the other officers.. He was confirmed, rightly confirmed, in the command of the ship. And, so far, we shall certainly not be wrong if we view his character on the favorable side."
There the foreman paused, to collect his ideas.
Certain members of the assembly--led by the juryman who wanted his dinner, and supported by his inattentive colleague, then engaged in drawing a ship in a storm, and a captain falling overboard--proposed the acquittal of the prisoner without further consideration. But the fretful invalid cried "Stuff!" and the five jurymen who had no opinions of their own, struck by the admirable brevity with which he expressed his sentiments, sang out in chorus, "Hear! hear! hear!" The silent juryman, hitherto overlooked, now attracted attention. He was a bald-headed person of uncertain age, buttoned up tight in a long frockcoat, and wearing his gloves all through the proceedings. When the chorus of five cheered, he smiled mysteriously. Everybody wondered what that smile meant. The silent juryman kept his opinion to himself.
From that moment he began to exercise a furtive influence over the jury. Even the foreman looked at him, on resuming the narrative.
"After a certain term of service, gentlemen, during which we learn nothing to his disadvantage, the prisoner's merits appear to have received their reward. He was presented with a share in the ship which he commanded, in addition to his regular salary as master. With these improved prospects he sailed from Liverpool on his last voyage to Brazil; and no one, his wife included, had the faintest suspicion that he left England under circumstances of serious pecuniary embarrassment. The testimony of his creditors, and of other persons with whom he associated distinctly proves that his leisure hours on shore had been employed in card-playing and in betting on horse races. After an unusually long run of luck, his good fortune seems to have deserted him. He suffered considerable losses, and was at last driven to borrowing at a high rate of interest, without any reasonable prospect of being able to repay the money-lenders into whose hands he had fallen.
When he left Rio on the homeward voyage, there is no sort of doubt that he was returning to England to face creditors whom he was unable to pay. There, gentlemen, is a noticeable side to his character which we may call the gambling side, and which (as I think) was too leniently viewed by the judge."
He evidently intended to add a word or two more. But the disagreeable invalid insisted on being heard.
"In plain English," he said, "you are for finding the prisoner guilty."
"In plain English," the foreman rejoined, "I refuse to answer that question."
"Why?"
"Because it is no part of my duty to attempt to influence the verdict."
"You have been trying to influence the verdict, sir, ever since you entered this room. I appeal to all the gentlemen present."
The patience of the long-suffering foreman failed him at last.
"Not another word shall pass my lips," he said, "until you find the prisoner guilty or not guilty among yourselves--and then I'll tell you if I agree to your verdict."
He folded his arms, and looked like the image of a man who intended to keep his word.
The hungry juryman laid himself back in his chair, and groaned.
The amateur artist, who had thus far found a fund of amusement in his blotting-paper, yawned discontentedly and dropped his pen.
The courteous gentleman who suffered from fidgets requested leave to walk up and down the room; and at the first turn he took woke the drowsy little man, and maddened the irritable invalid by the creaking of his boots. The chorus of five, further than ever from arriving at an opinion of their own, looked at the silent juryman. Once more he smiled mysteriously; and once more he offered an explanation of what was passing in his mind--except that he turned his bald head slowly in the direction of the foreman. Was he in sympathy with a man who had promised to be as silent as himself?
In the meantime, nothing was said or done. Helpless silence prevailed in every part of the room.
"Why the devil doesn't somebody begin?" cried the invalid. "Have you all forgotten the evidence?"
This startling question roused the jury to a sense of what was due to their oaths, if not to themselves. Some of them recollected the evidence in one way, and some of them recollected it in another; and each man insisted on doing justice to his own excellent memory, and on stating his own unanswerable view of the case.
