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And
after
that
,
a
brushing
aside
of
the
incident
of
the
folder
,
as
well
as
Clyde
's
not
remembering
the
price
of
the
boat
at
Big
Bittern
,
his
stopping
to
bury
the
tripod
and
his
being
so
near
Roberta
and
not
aiding
her
,
as
either
being
mere
accidents
of
chance
,
or
memory
,
or
,
in
the
case
of
his
failing
to
go
to
her
rescue
,
of
his
being
dazed
,
confused
,
frightened
--
"
hesitating
fatally
but
not
criminally
at
the
one
time
in
his
life
when
he
should
not
have
hesitated
"
--
a
really
strong
if
jesuitical
plea
which
was
not
without
its
merits
and
its
weight
.
And
then
Mason
,
blazing
with
his
conviction
that
Clyde
was
a
murderer
of
the
coldest
and
blackest
type
,
and
spending
an
entire
day
in
riddling
the
"
spider
's
tissue
of
lies
and
unsupported
statements
"
with
which
the
defense
was
hoping
to
divert
the
minds
of
the
jury
from
the
unbroken
and
unbreakable
chain
of
amply
substantiated
evidence
wherewith
the
prosecution
had
proved
this
"
bearded
man
"
to
be
the
"
red-handed
murderer
"
that
he
was
.
And
with
hours
spent
in
retracing
the
statements
of
the
various
witnesses
.
And
other
hours
in
denouncing
Clyde
,
or
re-telling
the
bitter
miseries
of
Roberta
--
so
much
so
that
the
jury
,
as
well
as
the
audience
,
was
once
more
on
the
verge
of
tears
.
And
with
Clyde
deciding
in
his
own
mind
as
he
sat
between
Belknap
and
Jephson
,
that
no
jury
such
as
this
was
likely
to
acquit
him
in
the
face
of
evidence
so
artfully
and
movingly
recapitulated
.
And
then
Oberwaltzer
from
his
high
seat
finally
instructing
the
jury
:
"
Gentlemen
--
all
evidence
is
,
in
a
strict
sense
,
more
or
less
circumstantial
,
whether
consisting
of
facts
which
permit
the
inference
of
guilt
or
whether
given
by
an
eyewitness
.
The
testimony
of
an
eyewitness
is
,
of
course
,
based
upon
circumstances
.
Отключить рекламу
"
If
any
of
the
material
facts
of
the
case
are
at
variance
with
the
probability
of
guilt
,
it
will
be
the
duty
of
you
gentlemen
to
give
the
defendant
the
benefit
of
the
doubt
raised
.
"
And
it
must
be
remembered
that
evidence
is
not
to
be
discredited
or
decried
because
it
is
circumstantial
.
It
may
often
be
more
reliable
evidence
than
direct
evidence
.
"
Much
has
been
said
here
concerning
motive
and
its
importance
in
this
case
,
but
you
are
to
remember
that
proof
of
motive
is
by
no
means
indispensable
or
essential
to
conviction
.
While
a
motive
may
be
shown
as
a
CIRCUMSTANCE
to
aid
in
FIXING
a
crime
,
yet
the
people
are
not
required
to
prove
a
motive
.
"
If
the
jury
finds
that
Roberta
Alden
accidentally
or
involuntarily
fell
out
of
the
boat
and
that
the
defendant
made
no
attempt
to
rescue
her
,
that
does
not
make
the
defendant
guilty
and
the
jury
must
find
the
defendant
'
not
guilty
.
'
On
the
other
hand
,
if
the
jury
finds
that
the
defendant
in
any
way
,
intentionally
,
there
and
then
brought
about
or
contributed
to
that
fatal
accident
,
either
by
a
blow
or
otherwise
,
it
must
find
the
defendant
guilty
.
Отключить рекламу
"
While
I
do
not
say
that
you
must
agree
upon
your
verdict
,
I
would
suggest
that
you
ought
not
,
any
of
you
,
place
your
minds
in
a
position
which
will
not
yield
if
after
careful
deliberation
you
find
you
are
wrong
.
"
So
,
Justice
Oberwaltzer
--
solemnly
and
didactically
from
his
high
seat
to
the
jury
.
And
then
,
that
point
having
been
reached
,
the
jury
rising
and
filing
from
the
room
at
five
in
the
afternoon
.
And
Clyde
immediately
thereafter
being
removed
to
his
cell
before
the
audience
proper
was
allowed
to
leave
the
building
.
There
was
constant
fear
on
the
part
of
the
sheriff
that
he
might
be
attacked
.
And
after
that
five
long
hours
in
which
he
waited
,
walking
to
and
fro
,
to
and
fro
,
in
his
cell
,
or
pretending
to
read
or
rest
,
the
while
Kraut
or
Sissel
,
tipped
by
various
representatives
of
the
press
for
information
as
to
how
Clyde
"
took
it
"
at
this
time
,
slyly
and
silently
remained
as
near
as
possible
to
watch
.