The twins themselves became witnesses in their own defense.

They established the fact, upon oath, that the leg-power passed from one to the other every Saturday night at twelve o'clock sharp.

But on cross-examination their counsel would not allow them to tell whose week of power the current week was.
The judge insisted upon their answering, and proposed to compel them, but even the prosecution took fright and came to the rescue then, and helped stay the sturdy jurist's revolutionary hand.

So the case had to go to the jury with that important point hanging in the air.

They were out an hour and brought in this verdict: "We the jury do find: 1, that an assault was committed, as charged; 2, that it was committed by one of the persons accused, he having been seen to do it by several credible witnesses; 3, but that his identity is so merged in his brother's that we have not been able to tell which was him.