THE JUDGE AND THE MAN

"Helloa! Glad to see you about again. Fenella has gone off to the

south of the island somewhere, but she'll be home for luncheon. Take

a cigar? No? Not smoking yet? I must anyway."

"I've come to see you on a serious matter, Sir," said Stowell--he

felt his lips trembling.

"So?"

The Governor glanced up quickly, charged his pipe and then settled

himself to listen.

"You will remember the story I told you--about the man who had

promised to marry a girl and then fallen in love with somebody else?"

"Perfectly."

Stowell paused a moment. His lips became pale and his hands

contracted.

"Well?"

"That was my own story, Sir."

There was another moment of silence. Stowell had expected an

exclamation of surprise, a clang of astonishment, but the Governor's

face was still to the fire and the only sound he made was the

swivelling of the pipe between his teeth.

"You advised me to break off the engagement and I did so."

"What was the result?"

"The girl was relieved."

"Relieved?"

"Yes, because she, too, had in the meantime fallen in love with

somebody else--my friend Gell."

"How fortunate!"

"It seemed so at first. I thought Providence had stepped in to help

her out. But Fate has kept a terrible reckoning, Sir."

"What has happened?"

"The girl has committed a crime. She is in Castle Rushen awaiting

her trial for the murder of her new-born child."

"The woman Collister?"

"Yes. And now I'm a Judge and in ordinary course it is my duty to

try her."

There was another period of silence, broken only by the rapid puffing

of the Governor's pipe.

"But that's not all, Sir. Being in this frightful position

everything is tempting me to corrupt Justice. First, my natural

desire to influence the trial in favour of the girl--perhaps to get

her off altogether. Next, pity for her poor mother who has been

pleading for mercy. Then, friendship for Gell who has been begging

me to try the case because the old Statute is severe and my colleague

cruel. And last of all the step-father of the girl who has been

trying to intimidate me."

"Well?"

"I think you will see it is impossible for me to sit on a case in

which my private interest and my public duty conflict--utterly

impossible. It would be against all usage, all justice."

The Governor removed his pipe. His face had become cold and hard.

"You speak of your colleague--have you done anything with him?"

"Yes. I've asked him to sit instead of me."

"What if he cannot?"

"Then I will ask you, Sir, to send for another Judge from across the

water."

Stowell had struggled through to the end, although perspiration had

been breaking out on his forehead. When he had finished the Governor

sat for some time without speaking.

Obscure motives were operating within him. In the depths of his mind

(scarcely known to himself) he was asking himself, "How will all

this, if I allow it to go farther, affect Fenella? Will it stop her

marriage, disturb her happiness, destroy her life?" But on the

surface of his mind he was only aware of considerations of public

welfare. He was irritated by what had occurred. It was an

impediment in his path which he wished to kick out of the way.

He rose, laid his pipe on the mantelpiece, and standing with his back

to the fire and his hands behind him, his chin firm and his mouth set

hard, he said, with sudden energy,

"Now listen to me. I always knew that was your own story."

"Yes?"

"What I did not know was that any harm had been done. Did you?"

"Indeed no."

"Did the girl?"

"It is incredible."

"Do you know that she has killed her child?"

"Not certainly. She denies it, and the evidence is not too

convincing."

"Do you know that she ever had a child?"

"No .... I can't say .... She denies that also, and the medical

testimony is far from conclusive."

"Do you know--are you satisfied--that if she had a child, and killed

it, the child was yours?"

Stowell, with a gulp, stammered something about Bessie having been a

good girl before he met her.

"But do you know _anything_?"

"Well, no .... I can't say...."

"Then, good heavens, what are you thinking about? Knowing nothing,

nothing really, you are acting, and asking me to act, on a cloud of

conjectures. I'll not do it."

Stowell drew his breath with a gasp of relief. It was just as if he

had been living for days in the stuffy atmosphere of a sealed room

and somebody had broken open a window. His head was down; the

Governor touched his shoulder.

"My friend, you are doing that poor girl a cruel injustice."

Stowell was startled and looked up.

"In your own mind you are finding her guilty before she has been

tried."

"Ah!"

"You are doing yourself an injustice, too. Even if the girl

committed this crime--I say _if_--_you_ are not responsible for it."

Stowell began to stammer again. "I .... I did wrong in the first

instance, Sir, and nothing but wrong...."

But the Governor said sharply, "Of course you did wrong in the first

instance. But that has nothing to do with the wrong which she (if

she is guilty) has done since. It can't be supposed that you had any

sympathy with her act, can it?"

"God forbid!"

"Did you desert her? Did you leave her to the mercy of the world?

Has she ever been in want? Was she in any danger of being unable to

provide for her offspring when it came?"

"No .... I cannot say...."

"Then what folly to think you are responsible for what she did in

taking the life of her child--if she did take it. No, other facts

and motives operated with the girl. And whatever those facts and

motives were, you, so far as I can see, had nothing to do with

them--nothing whatever."

Stowell's pulse was beating high. He tried to say something about

his moral responsibility, but again the Governor cut him short.

"Your moral responsibility!" he said, with a ring of sarcasm. "I'm

sick of this sentimental talk about moral responsibility--man's

responsibility for the conduct of woman, and all the rest of it. The

person who commits the crime is the criminal--that's the only

foundation of law and order."

"Then you think, Sir," said Stowell, "that since I...."

"I think," said the Governor, "that the whole thing is unfortunate,

damnably unfortunate, but since you are not responsible for the

girl's crime, if she committed a crime at all, and knew nothing about

it, and have no sympathy with it, you ought to go on doing your duty.

Why shouldn't you? .... Interested? Of course you are interested.

In a little community like this a Judge is nearly always interested.

Isn't that what your Deemster's oath is intended to provide for?"

Stowell muttered something about being afraid, and again the Governor

caught him up.

"Afraid? What are you afraid of? The public? Doesn't it occur to

you that the only risk you run in that direction is not the risk of

sitting on this case but of not sitting on it? There must be people

who have seen you coming here this morning, and if you are not in

Court on the appointed day, aren't they likely to ask why?"

"There's Gell...."

"Certainly there's Gell .... When the marriage was broken off you

didn't tell him anything, did you?"

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