The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1901-09-19
CHAPTER +.


The gentlemen OF the jury retired to
consider their verdict. The foreman took
his place 1T the head of the table. His
colleagues seated themselves on either
side of him. Then, there fell upon that
assembly of men silence, never known
among an assembly of women-the silence
which proceeds from a general reluctance
to be the person who speaks first.
Gentlemen" he began, have you
formed any decided opinion on the case
thus far? The prisoner waiting our YER
dict is the Honorable Roderick Wester-
field, younger brother of the present Lord
lie Basque. He is charged with fully cast
ing away the British bark John Jerminan
for the purpose of fraudulently obtaining
a share of the insurance money; and fur
ther of possessing himself of certain Bra
lillian diamonds, which formed part Of the
cargo. In plain words, here is gentle
man born in the higher ranks of life ac-
cused of being a thief. He further APP
pears to have outraged the feelings of his
family by marrying a barmaid at public
house. From that moment his parents
turned their backs on him, with the one
merciful exception OF the head of the fam
lily. Lord lie Basque exerted his influence
with the Admiralty and obtained for his
brother an appointment to a ship. All the
witnesses agree that Mr.. Westerfeld
thoroughly understood his profession. If
he could have controlled himself, he might
have risen to very high rank in the navy.
He quarreled with one of his superior
officers"
Under strong provocation," said a
member of the jury.
"Under strong provocation," the fore
man admitted. THE prisoner challenged
the officer on duty to fight a duel, and, re-
ceiving a contemptuOus refusal, struck
him on the quarter deck. As matter of
course, Mr.. Westerfield was tried by
court martial and was dismissed from the
service. At my lords earnest request the
owners of the John Jerminan. trading be
tween Liverpool and Rio, took Mr.. West
erfield on trial as first mate. In a tempest
off the coast of Africa the captain was
washed overheard, and the first mate sue
ceeded to the command His seamanshiI
and courage saved the vessel, under cir
cumstances of danger which paralyzed the
efforts of the other officers. He was con
firmed in the command of the ship"
There the foreman paused to collect his
ideas.
after certain term of service, gentle
men," he finally resumed, the prisoner
merits appear to have received their re
ward He was presented with a share il
the ship. With improved prospects h
sailed from Liverpool on his last voyag
to Brazil and no one, his wife included
had the faintest suspicion that he lef
England under circumstances of seriou
pecuniary embarrassment, the result o
betting on horse racing. When he lef
Rio on the homeward voyage, there is n
sort of doubt that he was returning t
England to face creditors whom he wa
unable to pay
I'm plain English" said a jurymar
''you are for finding the prisoner guilty"
'In plain English" the foreman rejoir
ed, Il refuse to answer that question"
"Why?'
Because it is no part of my duty to a
tempt to influence the verdict"
you have been trying to influence tn
verdict, sir, ever since you entered TIL
room. l appeal to all the gentlemen pre-
emit"
The patience of the long-suffering for
man failed him at last. Not another wor
shall pass my lips" he said, until 20
find the prisoner guilty OF not guilt
among yourselves-and then I'll tell you
agree to your verdict"
He folded his arms and looked like IL
image of a man who intended to keep h
word.
In the meantime nothing was said
done. Helpless silence prevailed in evei
part of the room.
"Why doesn't somebody begin?' cri,
an impatient juryman. Have you &
forgotten the evidenceT
This startling question reused the ju
to a sense of what was due to their oath
If not to themselves. Some of them rec,
lected the evidence in one way and son
of them recollected it in another. II
first man who spoke began at the midi
of the story told by the witnesses in coui
81 am for Rcquitting the captain, gent
men; he ordered out the boats and saw
the lives OF the crew" And l am (
finding him guilty, because the ship stru
a rock in broad daylight. and in modera
weather" Il agree with you, sir. 7
evidence shows that the vessel was ste,
ed dangerously near to the land, by dir,
ton Of the captain who gave the course
"Come, come. gentlemenl let us do t
captain justice. The defense declares tn
he gave the customary course, and that
was not followed when he left the dee
As for his leaving the ship in moders
weather, the evidence proves that he
leved he saw signs of a storm brewing
Eyes. yes. all very well; but what we
the facts? When the loss OF the ship W
reported. the Brazilian authorities Sc
me to the wreck. on the chance of saw
the cargo; and, days afterward, there I
ship was found. just as the captain a
crew had left her" Don't forget,
that the diamonds were missing when {
salvors examined the wreck" IAN rig
but that's no proof that the captain st
the diamonds; and. before they had say
half the cargo. a storm did come on, q