The Eagle's Heart. Garland Hamlin
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the boy struck the blow in self-defense, or whether he assaulted with intent to do great bodily injury. The fact that he was provoked by a man older and stronger than himself naturally militates in his favor, but the next question is upon the boy's previous character. Did he carry deadly weapons? Is he at heart dangerous to his fellows? His youth should be in mind, but it should also be remembered that he is a lad of high intellectual power, older than most men of his age. I will not dwell upon the case; you have heard the testimony; the verdict is in your keeping."
During all this period of severe mental strain Mr. Excell sat beside Lawyer Brown, motionless as a statue, save when now and again he leaned forward to whisper a suggestion. He did not look at his son, and Harold seldom looked at him. Jack Burns sat as near the prisoner as the sheriff would permit, and his homely, good face, and the face of the judge were to Harold the only spots of light in the otherwise dark room. Outside the voices of children could be heard and the sound of the rising wind in the rustling trees. Once a breeze sent a shower of yellow and crimson leaves fluttering in at the open window, and the boy's heart swelled high in his throat, and he bowed his head and sobbed. Those leaves represented the splendor of the open spaces to him. They were like messages from the crimson sunsets of the golden West, and his heart thrilled at the sight of them.
It was long after twelve o'clock, and an adjournment for dinner was ordered. Harold was about to be led away when his father came to him and said:
"Harold, would you like to have your mother and me go to dinner with you?"
With that same unrelenting, stubborn frown on his face the boy replied: "No—let me alone."
A hot flush swept over the preacher's face. "Very well," he said, and turned away, his lips twitching.
The jury was not long out. They were ready to report at three o'clock. Every seat was filled as before. The lawyers came in, picking their teeth or smoking. The ladies were in Sunday dress, the young men were accompanied by their girls, as if the trial were a dramatic entertainment. Those who failed of regaining their seats were much annoyed; others, more thrifty, had hired boys to keep their places for them during the noon hour, and others, still more determined, having brought lunches, had remained in their seats throughout the intermission, and were serene and satisfied.
Harold was brought back to his seat looking less haggard. He was not afraid of sentence; on the contrary he longed to have the suspense end.
"I don't care what they do with me if they don't use up too much of my life," he said to Jack. "I'll pound rock or live in a dungeon if it will only shorten my sentence. I hate to think of losing time. Oh, if I had only gone last year!"
The Reverend Excell came in, looming high above the crowd, his face still white and set. He paid no heed to his parishioners, but made his way to the side of Lawyer Brown. The judge mounted his bench and the court room came to order instantly.
"Is the jury ready to report on the case of the State vs. Excell?" he asked in a low voice. He was informed that they were agreed. After the jury had taken their seats he said blandly, mechanically: "Gentlemen, we are ready for your verdict."
Harold knew the foreman very well. He was a carpenter and joiner in whose shop he had often played—a big, bluff, good-hearted man whom any public speaking appalled, and who stammered badly as he read from a little slip of paper: "Guilty of assault with intent to commit great bodily injury, but recommended to the mercy of the judge." Then, with one hand in his breeches pocket, he added: "Be easy on him, judge; I believe I'd 'a' done the same."
The spectators tittered at his abrupt change of tone, and some of the young people applauded. He sat down very hot and red.
The judge did not smile or frown; his expressionless face seemed more like a mask than ever. When he began to speak it was as though he were reading something writ in huge letters on a distant wall.
"The Court is quite sensible of the extenuating circumstances attending this sad case, but there are far-reaching considerations which the Court can not forget. Here is a youth of good family, who elects to take up a life filled with mischief from the start. Discipline has been lacking. Here, at last, he so far oversteps the law that he appears before a jury. It seems to the Court necessary, for this young man's own good, that he feel the harsh hand of the law. According to the evidence adduced here to-day, he has been for years beyond the control of his parents, and must now know the inflexible purpose of law. I have in mind all that can be said in his favor: his youth, the disparity of age and physical power between himself and his accuser, the provocation, and the possession of the whip by the accuser—but all these are more than counterbalanced by the record of mischief and violence which stands against the prisoner."
There was a solemn pause, and the judge sternly said: "Prisoner, stand up." Harold arose. "For an assault committed upon the person of one Clinton Slocum, I now sentence you, Harold Excell, to one year in the penitentiary, and may you there learn to respect the life and property of your fellow-citizens."
"Judge! I beg——" The tall form of Mr. Excell arose, seeking to speak.
The judge motioned him to silence.
Brown interposed: "I hope the court will not refuse to hear the father of the prisoner. It would be scant justice if——"
Mr. Excell's voice arose, harsh, stern, and quick. He spoke like the big man he was, firm and decided. Harold looked up at him in surprise.
"I claim the right to be heard; will the Court refuse me the privilege of a word?" His voice was a challenge. "I am known in this community. For seven years as a minister of the Gospel I have lived among these citizens. My son is about to be condemned to State's prison, and before he goes I want to make a statement here before him and before the judge and before the world. I understand this boy better than any of you, better than the mother who bore him, for I have given him the disposition which he bears. I have had from my youth the same murderous rages: I have them yet. I love my son, your Honor, and I would take him in my arms if I could, but he has too much of my own spirit. He literally can not meet me as an affectionate son, for I sacrificed his good-will by harsh measures while he was yet a babe. I make this confession in order that the Court may understand my relation to my son. He was born with my own temper mingled with the poetic nature of his mother. While he was yet a lad I beat him till he was discolored by bruises. Twice I would have killed him only for the intervention of my wife. I have tried to live down my infirmity, your Honor, and I have at last secured control of myself, and I believe this boy will do the same, but do not send him to be an associate with criminals. My God! do not treat him as I would not do, even in my worst moments. Give him a chance to reform outside State's prison. Don't fix on him that stain. I will not say send me—that would be foolish trickery—but I beg you to make some other disposition of this boy of mine. If he goes to the penitentiary I shall strip from my shoulders the dress of the clergyman and go with him, to be near to aid and comfort him during the term of his sentence. Let the father in you speak for me, judge. Be merciful, as we all hope for mercy on the great day, for Jesus' sake."
The judge looked out over the audience of weeping women and his face warmed into life. He turned to the minister, who still stood before him with hand outstretched, and when he spoke his voice was softened and his eyes kindly.
"The Court has listened to the words of the father with peculiar interest. The Court is a father, and has been at a loss to understand the relations existing between father and son in this case. The Court thinks he understands them better now. As counsel for the defense has said, I am an old man, soon to leave my seat upon the bench, and I do not intend to let foolish pride or dry legal formalities stand between me and the doing of justice. The jury has decided that the boy is guilty, but has recommended him to the mercy of the Court. The plea of the father has enlightened the Court on one or two most vital points. Nothing is further from the mind of the Court than the desire to do injury to a handsome and talented boy. Believing that the father and son are about to become more closely united, the Court here transmutes the sentence to one hundred dollars fine and six months in the county jail. This will make it possible for the son and father to meet often, and the father can continue his duties to the church. This the Court decides upon as the final disposition of the