The Eagle's Heart. Garland Hamlin
Читать онлайн книгу.
and every foot of standing space was soon filled. The members of the First Church were present in mass to see the minister enter, pale and haggard with the disgrace of his son.
The judge, an untidy old man of great ability and probity, was in his seat, looking out absently over the spectators. "The next case" to him was only a case. He had grown gray in dealing with infractions of the law, and though kindly disposed he had grown indifferent—use had dulled his sympathies. His beard, yellow with tobacco stain, was still venerable, and his voice, deep and melodious, was impressive and commanding.
He was disposed to cut short all useless forms, and soon brought the case to vital questions. Naturally, the prosecution made a great deal of Harold's bad character, drawing from ready witnesses the story of his misdeeds. To do this was easy, for the current set that way, and those who had only thought Harold a bad boy now knew that he was concerned in all the mischief of the village.
In rebuttal, Mr. Talcott drew out contradictory statements from these witnesses, and proved several alibis at points where Harold had been accused. He produced Jack Burns and several others to prove that Harold liked fun, but that he was not inclined to lead in any of the mischief of the town—in fact, that he had not the quality of leadership.
He pushed young Burns hard to get him to say that he knew the words of insult which Slocum had used. "I think he used some girl's name," he finally admitted.
"I object," shouted the prosecution, as if touched on a hidden spring.
"Go on," said the judge to Talcott. He had become interested in the case at last.
When the lawyer for the prosecution cross-examined young Burns he became terrible. He leaned across the table and shook his lean, big-jointed finger in Jack's face. "We don't want what you think, sir; we want what you know. Do you know that Slocum brought a girl's name into this?"
"No, sir, I don't," replied Jack, red and perspiring.
"That's all!" cried the attorney, leaning back in his chair with dramatic complacency.
Others of Harold's companions were brow-beaten into declaring that he led them into all kinds of raids, and when Talcott tried to stem this tide by objection, the prosecution rose to say that the testimony was competent; that it was designed to show the dangerous character of the prisoner. "He is no gentle and guileless youth, y'r Honor, but a reckless young devil, given to violence. No one will go further than I in admiration of the Reverend Mr. Excell, but the fact of the son's lawless life can not be gainsaid."
Slocum repeated his story on the stand and was unshaken by Bradley's cross-examination. Suddenly the defense said: "Stand, please."
Slocum arose—a powerful, full-grown man.
Bradley nodded at Harold. "Stand also."
"I object," shrieked the prosecution.
"State the objection," said the judge.
"Keep your position," said Bradley sternly. "I want the jury to compare you."
As the prisoner and the witness faced each other the court room blossomed with smiles. Harold looked very pale and delicate beside the coarse, muscular hostler, who turned red and looked foolish.
Ultimately the judge sustained the objection, but the work was done. A dramatic contrast had been drawn, and the jury perceived the pusillanimity of Slocum's story. This was the position of the defense. Harold was a boy, the hostler had insulted him, had indeed struck him with a whip. Mad with rage, and realizing the greater strength of his assailant, the prisoner had drawn a knife.
In rebuttal, the prosecution made much of Harold's fierce words. He meant to kill. He was a dangerous boy. "Speaking with due reverence for his parents," the lawyer said, "the boy has been a scourge. Again and again he has threatened his playmates with death. These facts must stand. The State is willing to admit the disparity of strength, so artfully set forth by the defense, but it must not be forgotten that the boy was known to carry deadly weapons, and that he was subject to blind rages. It was not, therefore, so much a question of punishing the boy as of checking his assaults upon society. To properly punish him here would have a most salutary effect upon his action in future. The jury must consider the case without sentiment."
Old Brown arose after the State had finished. Everyone knew his power before a jury, and the room was painfully silent as he walked with stately tread to a spittoon and cleared his mouth of a big wad of tobacco. He was the old-fashioned lawyer, formal, deliberate; and though everybody enjoyed Bradley Talcott's powerful speech, they looked for drama from Brown. The judge waited patiently while the famous old lawyer played his introductory part. At last, after silently pacing to and fro for a full minute, he turned, and began in a hard, dry, nasal voice.
"Your Honor, I'm not so sure of the reforming effect of a penitentiary. I question the salutary quality of herding this delicate and high-spirited youth with the hardened criminals of the State." His strident, monotonous tone, and the cynical inflections of his voice made the spectators shiver with emotion as under the power of a great actor. He paced before the judge twice before speaking again. "Your Honor, there is more in this case than has yet appeared. Everyone in this room knows that the elopement of Dorothy Burland is at the bottom of this affair, everyone but yourself, judge. This lad was the accepted sweetheart of that wayward miss. This man Slocum is one of the rough, loud-spoken men of the village, schooled in vice and fisticuffery. You can well imagine, gentlemen of the jury," he turned to them abruptly, "you can well imagine the kind of a greeting this town loafer would give this high-spirited boy on that morning after the night when his inamorata disappeared with a married man. The boy has in him somewhat of the knight of the old time, your Honor; he has never opened his lips in dispraise of his faithless love. He has refused to repeat the insulting words of his assailant. He stands to-day at a turning point of his life, gentlemen of the jury, and it depends on you whether he goes downward or upward. He has had his faith in women shaken: don't let him lose faith in law and earthly justice." His first gesture was on the word "downward," and it was superb.
Again he paused, and when he looked up again a twinkle was in his eyes and his voice was softer. "As for all this chicken roasting and melon lifting, you well know the spirit that is in that; we all had a hand in such business once, every man Jack of us. The boy is no more culpable now than you were then. Moreover, Excell has had too much of the mischief of the town laid on his shoulders—more than he deserves. 'Give a dog a bad name and every dead sheep is laid at the door of his kennel.'
"However, I don't intend to review the case, y'r Honor. My colleague has made the main and vital points entirely clear; I intend merely to add a word here and there. I want you to take another look at that pale, handsome, poetic youth and then at that burly bully, and consider the folly, the idiocy, and the cowardice of the charge brought against our client." He waited while the contrast which his dramatic utterance made enormously effective was being felt; then, in a deep, melodious voice, touched with sadness, he addressed the judge:
"And to you, your Honor, I want to say we are old men. You on the bench and I here in the forum have faced each other many times. I have defended many criminals, as it was my duty to do, and you have punished many who deserved their sentences. I have seen innocent men unable to prove their freedom from guilt, and I have known men who are grossly criminal, because of lack of evidence—these things are beyond our cure. We are old, your Honor: we must soon give place to younger men. We can not afford to leave bench and bar with the stain of injustice on our garments. We can not afford to start this boy on the road to hell at seventeen years of age."
He stopped as abruptly as he had begun, and the room was silent for a long time after he had taken his seat. To Harold it seemed as though he and all the people of the room were dead—that only his brain was alive. Then Mrs. Excell burst into sobbing. The judge looked away into space, his dim eyes seeing nothing that was near, his face an impassive mask of colorless flesh. The old lawyer's words had stirred his blood, sluggish and cold with age, but his brain absorbed the larger part of his roused vitality, and when he spoke his voice had an unwontedly flat and dry sound.
"The question for you to decide," he said, instructing