SCENE I

GALSWORTHY PLAYS

SECOND SERIES--NO. 1

JUSTICE

By John Galsworthy

PERSONS OF THE PLAY

JAMES HOW, solicitor

WALTER HOW, solicitor

ROBERT COKESON, their managing clerk

WILLIAM FALDER, their junior clerk

SWEEDLE, their office-boy

WISTER, a detective

COWLEY, a cashier

MR. JUSTICE FLOYD, a judge

HAROLD CLEAVER, an old advocate

HECTOR FROME, a young advocate

CAPTAIN DANSON, V.C., a prison governor

THE REV. HUGH MILLER, a prison chaplain

EDWARD CLEMENT, a prison doctor

WOODER, a chief warder

MOANEY, convict

CLIFTON, convict

O'CLEARY, convict

RUTH HONEYWILL, a woman

A NUMBER OF BARRISTERS, SOLICITERS, SPECTATORS, USHERS, REPORTERS,

JURYMEN, WARDERS, AND PRISONERS

TIME: The Present.

ACT I. The office of James and Walter How. Morning. July.

ACT II. Assizes. Afternoon. October.

ACT III. A prison. December.

SCENE I. The Governor's office.

SCENE II. A corridor.

SCENE III. A cell.

ACT IV. The office of James and Walter How. Morning.

March, two years later.

CAST OF THE FIRST PRODUCTION

AT THE DUKE OF YORK'S THEATRE, FEBRUARY 21, 1910

James How MR. SYDNEY VALENTINE

Walter How MR. CHARLES MAUDE

Cokeson MR. EDMUND GWENN

Falder MR. DENNIS EADIE

The Office-boy MR. GEORGE HERSEE

The Detective MR. LESLIE CARTER

The Cashier MR. C. E. VERNON

The Judge MR. DION BOUCICAULT

The Old Advocate MR. OSCAR ADYE

The Young Advocate MR. CHARLES BRYANT

The Prison Governor MR. GRENDON BENTLEY

The Prison Chaplain MR. HUBERT HARBEN

The Prison Doctor MR. LEWIS CASSON

Wooder MR. FREDERICK LLOYD

Moaney MR. ROBERT PATEMAN

Clipton MR. O. P. HEGGIE

O'Cleary MR. WHITFORD KANE

Ruth Honeywill Miss EDYTH OLIVE

ACT I

The scene is the managing clerk's room, at the offices of James

and Walter How, on a July morning. The room is old fashioned,

furnished with well-worn mahogany and leather, and lined with

tin boxes and estate plans. It has three doors. Two of them

are close together in the centre of a wall. One of these two

doors leads to the outer office, which is only divided from the

managing clerk's room by a partition of wood and clear glass;

and when the door into this outer office is opened there can be

seen the wide outer door leading out on to the stone stairway of

the building. The other of these two centre doors leads to

the junior clerk's room. The third door is that leading to the

partners' room.

The managing clerk, COKESON, is sitting at his table adding up

figures in a pass-book, and murmuring their numbers to himself.

He is a man of sixty, wearing spectacles; rather short, with a

bald head, and an honest, pugdog face. He is dressed in a

well-worn black frock-coat and pepper-and-salt trousers.

COKESON. And five's twelve, and three--fifteen, nineteen,

twenty-three, thirty-two, forty-one-and carry four. [He ticks the

page, and goes on murmuring] Five, seven, twelve, seventeen,

twenty-four and nine, thirty-three, thirteen and carry one.

He again makes a tick. The outer office door is opened, and

SWEEDLE, the office-boy, appears, closing the door behind him.

He is a pale youth of sixteen, with spiky hair.

COKESON. [With grumpy expectation] And carry one.

SWEEDLE. There's a party wants to see Falder, Mr. Cokeson.

COKESON. Five, nine, sixteen, twenty-one, twenty-nine--and carry

two. Send him to Morris's. What name?

SWEEDLE. Honeywill.

COKESON. What's his business?

SWEEDLE. It's a woman.

COKESON. A lady?

SWEEDLE. No, a person.

COKESON. Ask her in. Take this pass-book to Mr. James. [He closes

the pass-book.]

SWEEDLE. [Reopening the door] Will you come in, please?

RUTH HONEYWILL comes in. She is a tall woman, twenty-six years

old, unpretentiously dressed, with black hair and eyes, and an

ivory-white, clear-cut face. She stands very still, having a

natural dignity of pose and gesture.

SWEEDLE goes out into the partners' room with the pass-book.

COKESON. [Looking round at RUTH] The young man's out.

[Suspiciously] State your business, please.

RUTH. [Who speaks in a matter-of-fact voice, and with a slight

West-Country accent] It's a personal matter, sir.

COKESON. We don't allow private callers here. Will you leave a

message?

RUTH. I'd rather see him, please.

She narrows her dark eyes and gives him a honeyed look.

COKESON. [Expanding] It's all against the rules. Suppose I had my

friends here to see me! It'd never do!

RUTH. No, sir.

COKESON. [A little taken aback] Exactly! And here you are wanting

to see a junior clerk!

RUTH. Yes, sir; I must see him.

COKESON. [Turning full round to her with a sort of outraged

interest] But this is a lawyer's office. Go to his private address.

RUTH. He's not there.

COKESON. [Uneasy] Are you related to the party?

RUTH. No, sir.

COKESON. [In real embarrassment] I don't know what to say. It's no

affair of the office.

RUTH. But what am I to do?

COKESON. Dear me! I can't tell you that.

SWEEDLE comes back. He crosses to the outer office and passes

through into it, with a quizzical look at Cokeson, carefully

leaving the door an inch or two open.

COKESON. [Fortified by this look] This won't do, you know, this

won't do at all. Suppose one of the partners came in!

An incoherent knocking and chuckling is heard from the outer

door of the outer office.

SWEEDLE. [Putting his head in] There's some children outside here.

RUTH. They're mine, please.

SWEEDLE. Shall I hold them in check?

RUTH. They're quite small, sir. [She takes a step towards COKESON]

COKESON. You mustn't take up his time in office hours; we're a clerk

short as it is.

RUTH. It's a matter of life and death.

COKESON. [Again outraged] Life and death!

SWEEDLE. Here is Falder.

FALDER has entered through the outer office. He is a pale,

good-looking young man, with quick, rather scared eyes. He

moves towards the door of the clerks' office, and stands there

irresolute.

COKESON. Well, I'll give you a minute. It's not regular.

Taking up a bundle of papers, he goes out into the partners'

room.

RUTH. [In a low, hurried voice] He's on the drink again, Will. He

tried to cut my throat last night. I came out with the children

before he was awake. I went round to you.

FALDER. I've changed my digs.

RUTH. Is it all ready for to-night?

FALDER. I've got the tickets. Meet me 11.45 at the booking office.

For God's sake don't forget we're man and wife! [Looking at her with

tragic intensity] Ruth!

RUTH. You're not afraid of going, are you?

FALDER. Have you got your things, and the children's?

RUTH. Had to leave them, for fear of waking Honeywill, all but one

bag. I can't go near home again.

FALDER. [Wincing] All that money gone for nothing.

How much must you have?

RUTH. Six pounds--I could do with that, I think.

FALDER. Don't give away where we're going. [As if to himself] When

I get out there I mean to forget it all.

RUTH. If you're sorry, say so. I'd sooner he killed me than take

you against your will.

FALDER. [With a queer smile] We've got to go. I don't care; I'll

have you.

RUTH. You've just to say; it's not too late.

FALDER. It is too late. Here's seven pounds. Booking office 11.45

to-night. If you weren't what you are to me, Ruth----!

RUTH. Kiss me!

They cling together passionately, there fly apart just as

COKESON re-enters the room. RUTH turns and goes out through the

outer office. COKESON advances deliberately to his chair and

seats himself.

COKESON. This isn't right, Falder.

FALDER. It shan't occur again, sir.

COKESON. It's an improper use of these premises.

FALDER. Yes, sir.

COKESON. You quite understand-the party was in some distress; and,

having children with her, I allowed my feelings----[He opens a

drawer and produces from it a tract] Just take this! "Purity in the

Home." It's a well-written thing.

FALDER. [Taking it, with a peculiar expression] Thank you, sir.

COKESON. And look here, Falder, before Mr. Walter comes, have you

finished up that cataloguing Davis had in hand before he left?

FALDER. I shall have done with it to-morrow, sir--for good.

COKESON. It's over a week since Davis went. Now it won't do,

Falder. You're neglecting your work for private life. I shan't

mention about the party having called, but----

FALDER. [Passing into his room] Thank you, sir.

COKESON stares at the door through which FALDER has gone out;

then shakes his head, and is just settling down to write, when

WALTER How comes in through the outer Office. He is a rather

refined-looking man of thirty-five, with a pleasant, almost

apologetic voice.

WALTER. Good-morning, Cokeson.

COKESON. Morning, Mr. Walter.

WALTER. My father here?

COKESON. [Always with a certain patronage as to a young man who

might be doing better] Mr. James has been here since eleven o'clock.

WALTER. I've been in to see the pictures, at the Guildhall.

COKESON. [Looking at him as though this were exactly what was to be

expected] Have you now--ye--es. This lease of Boulter's--am I to

send it to counsel?

WALTER. What does my father say?

COKESON. 'Aven't bothered him.

WALTER. Well, we can't be too careful.

COKESON. It's such a little thing--hardly worth the fees. I thought

you'd do it yourself.

WALTER. Send it, please. I don't want the responsibility.

COKESON. [With an indescribable air of compassion] Just as you

like. This "right-of-way" case--we've got 'em on the deeds.

WALTER. I know; but the intention was obviously to exclude that bit

of common ground.

COKESON. We needn't worry about that. We're the right side of the

law.

WALTER. I don't like it,

COKESON. [With an indulgent smile] We shan't want to set ourselves

up against the law. Your father wouldn't waste his time doing that.

As he speaks JAMES How comes in from the partners' room. He is

a shortish man, with white side-whiskers, plentiful grey hair,

shrewd eyes, and gold pince-nez.

JAMES. Morning, Walter.

WALTER. How are you, father?

COKESON. [Looking down his nose at the papers in his hand as though

deprecating their size] I'll just take Boulter's lease in to young

Falder to draft the instructions. [He goes out into FALDER'S room.]

WALTER. About that right-of-way case?

JAMES. Oh, well, we must go forward there. I thought you told me

yesterday the firm's balance was over four hundred.

WALTER. So it is.

JAMES. [Holding out the pass-book to his son] Three--five--one, no

recent cheques. Just get me out the cheque-book.

WALTER goes to a cupboard, unlocks a drawer and produces a

cheque-book.

JAMES. Tick the pounds in the counterfoils. Five, fifty-four,

seven, five, twenty-eight, twenty, ninety, eleven, fifty-two,

seventy-one. Tally?

WALTER. [Nodding] Can't understand. Made sure it was over four

hundred.

JAMES. Give me the cheque-book. [He takes the check-book and cons

the counterfoils] What's this ninety?

WALTER. Who drew it?

JAMES. You.

WALTER. [Taking the cheque-book] July 7th? That's the day I went

down to look over the Trenton Estate--last Friday week; I came back

on the Tuesday, you remember. But look here, father, it was nine I

drew a cheque for. Five guineas to Smithers and my expenses. It

just covered all but half a crown.

JAMES. [Gravely] Let's look at that ninety cheque. [He sorts the

cheque out from the bundle in the pocket of the pass-book] Seems all

right. There's no nine here. This is bad. Who cashed that

nine-pound cheque?

WALTER. [Puzzled and pained] Let's see! I was finishing Mrs.

Reddy's will--only just had time; yes--I gave it to Cokeson.

JAMES. Look at that 't' 'y': that yours?

WALTER. [After consideration] My y's curl back a little; this

doesn't.

JAMES. [As COKESON re-enters from FALDER'S room] We must ask him.

Just come here and carry your mind back a bit, Cokeson. D'you

remember cashing a cheque for Mr. Walter last Friday week--the day

he went to Trenton?

COKESON. Ye-es. Nine pounds.

JAMES. Look at this. [Handing him the cheque.]

COKESON. No! Nine pounds. My lunch was just coming in; and of

course I like it hot; I gave the cheque to Davis to run round to the

bank. He brought it back, all gold--you remember, Mr. Walter, you

wanted some silver to pay your cab. [With a certain contemptuous

compassion] Here, let me see. You've got the wrong cheque.

He takes cheque-book and pass-book from WALTER.

WALTER. Afraid not.

COKESON. [Having seen for himself] It's funny.

JAMES. You gave it to Davis, and Davis sailed for Australia on

Monday. Looks black, Cokeson.

COKESON. [Puzzled and upset] why this'd be a felony! No, no!

there's some mistake.

JAMES. I hope so.

COKESON. There's never been anything of that sort in the office the

twenty-nine years I've been here.

JAMES. [Looking at cheque and counterfoil] This is a very clever

bit of work; a warning to you not to leave space after your figures,

Walter.

WALTER. [Vexed] Yes, I know--I was in such a tearing hurry that

afternoon.

COKESON. [Suddenly] This has upset me.

JAMES. The counterfoil altered too--very deliberate piece of

swindling. What was Davis's ship?

WALTER. 'City of Rangoon'.

JAMES. We ought to wire and have him arrested at Naples; he can't be

there yet.

COKESON. His poor young wife. I liked the young man. Dear, oh

dear! In this office!

WALTER. Shall I go to the bank and ask the cashier?

JAMES. [Grimly] Bring him round here. And ring up Scotland Yard.

WALTER. Really?

He goes out through the outer office. JAMES paces the room. He

stops and looks at COKESON, who is disconsolately rubbing the

knees of his trousers.

JAMES. Well, Cokeson! There's something in character, isn't there?

COKESON. [Looking at him over his spectacles] I don't quite take

you, sir.

JAMES. Your story, would sound d----d thin to any one who didn't

know you.

COKESON. Ye-es! [He laughs. Then with a sudden gravity] I'm sorry

for that young man. I feel it as if it was my own son, Mr. James.

JAMES. A nasty business!

COKESON. It unsettles you. All goes on regular, and then a thing

like this happens. Shan't relish my lunch to-day.

JAMES. As bad as that, Cokeson?

COKESON. It makes you think. [Confidentially] He must have had

temptation.

JAMES. Not so fast. We haven't convicted him yet.

COKESON. I'd sooner have lost a month's salary than had this happen.

[He broods.]

JAMES. I hope that fellow will hurry up.

COKESON. [Keeping things pleasant for the cashier] It isn't fifty

yards, Mr. James. He won't be a minute.

JAMES. The idea of dishonesty about this office it hits me hard,

Cokeson.

He goes towards the door of the partners' room.

SWEEDLE. [Entering quietly, to COKESON in a low voice] She's popped

up again, sir-something she forgot to say to Falder.

COKESON. [Roused from his abstraction] Eh? Impossible. Send her

away!

JAMES. What's that?

COKESON. Nothing, Mr. James. A private matter. Here, I'll come

myself. [He goes into the outer office as JAMES passes into the

partners' room] Now, you really mustn't--we can't have anybody just

now.

RUTH. Not for a minute, sir?

COKESON. Reely! Reely! I can't have it. If you want him, wait

about; he'll be going out for his lunch directly.

RUTH. Yes, sir.

WALTER, entering with the cashier, passes RUTH as she leaves the

outer office.

COKESON. [To the cashier, who resembles a sedentary dragoon]

Good-morning. [To WALTER] Your father's in there.

WALTER crosses and goes into the partners' room.

COKESON. It's a nahsty, unpleasant little matter, Mr. Cowley. I'm

quite ashamed to have to trouble you.

COWLEY. I remember the cheque quite well. [As if it were a liver]

Seemed in perfect order.

COKESON. Sit down, won't you? I'm not a sensitive man, but a thing

like this about the place--it's not nice. I like people to be open

and jolly together.

COWLEY. Quite so.

COKESON. [Buttonholing him, and glancing toward the partners' room]

Of course he's a young man. I've told him about it before now--

leaving space after his figures, but he will do it.

COWLEY. I should remember the person's face--quite a youth.

COKESON. I don't think we shall be able to show him to you, as a

matter of fact.

JAMES and WALTER have come back from the partners' room.

JAMES. Good-morning, Mr. Cowley. You've seen my son and myself,

you've seen Mr. Cokeson, and you've seen Sweedle, my office-boy. It

was none of us, I take it.

The cashier shakes his head with a smile.

JAMES. Be so good as to sit there. Cokeson, engage Mr. Cowley in

conversation, will you?

He goes toward FALDER'S room.

COKESON. Just a word, Mr. James.

JAMES. Well?

COKESON. You don't want to upset the young man in there, do you?

He's a nervous young feller.

JAMES. This must be thoroughly cleared up, Cokeson, for the sake of

Falder's name, to say nothing of yours.

COKESON. [With Some dignity] That'll look after itself, sir. He's

been upset once this morning; I don't want him startled again.

JAMES. It's a matter of form; but I can't stand upon niceness over a

thing like this--too serious. Just talk to Mr. Cowley.

He opens the door of FALDER'S room.

JAMES. Bring in the papers in Boulter's lease, will you, Falder?

COKESON. [Bursting into voice] Do you keep dogs?

The cashier, with his eyes fixed on the door, does not answer.

COKESON. You haven't such a thing as a bulldog pup you could spare

me, I suppose?

At the look on the cashier's face his jaw drops, and he turns to

see FALDER standing in the doorway, with his eyes fixed on

COWLEY, like the eyes of a rabbit fastened on a snake.

FALDER. [Advancing with the papers] Here they are, sir!

JAMES. [Taking them] Thank you.

FALDER. Do you want me, sir?

JAMES. No, thanks!

FALDER turns and goes back into his own room. As he shuts the

door JAMES gives the cashier an interrogative look, and the

cashier nods.

JAMES. Sure? This isn't as we suspected.

COWLEY. Quite. He knew me. I suppose he can't slip out of that

room?

COKESON. [Gloomily] There's only the window--a whole floor and a

basement.

The door of FALDER'S room is quietly opened, and FALDER, with

his hat in his hand, moves towards the door of the outer office.

JAMES. [Quietly] Where are you going, Falder?

FALDER. To have my lunch, sir.

JAMES. Wait a few minutes, would you? I want to speak to you about

this lease.

FALDER. Yes, sir. [He goes back into his room.]

COWLEY. If I'm wanted, I can swear that's the young man who cashed

the cheque. It was the last cheque I handled that morning before my

lunch. These are the numbers of the notes he had. [He puts a slip

of paper on the table; then, brushing his hat round] Good-morning!

JAMES. Good-morning, Mr. Cowley!

COWLEY. [To COKESON] Good-morning.

COKESON. [With Stupefaction] Good-morning.

The cashier goes out through the outer office. COKESON sits down

in his chair, as though it were the only place left in the

morass of his feelings.

WALTER. What are you going to do?

JAMES. Have him in. Give me the cheque and the counterfoil.

COKESON. I don't understand. I thought young Davis----

JAMES. We shall see.

WALTER. One moment, father: have you thought it out?

JAMES. Call him in!

COKESON. [Rising with difficulty and opening FALDER'S door;

hoarsely] Step in here a minute.

FALDER. [Impassively] Yes, sir?

JAMES. [Turning to him suddenly with the cheque held out] You know

this cheque, Falder?

FALDER. No, sir.

JADES. Look at it. You cashed it last Friday week.

FALDER. Oh! yes, sir; that one--Davis gave it me.

JAMES. I know. And you gave Davis the cash?

FALDER. Yes, sir.

JAMES. When Davis gave you the cheque was it exactly like this?

FALDER. Yes, I think so, sir.

JAMES. You know that Mr. Walter drew that cheque for nine pounds?

FALDER. No, sir--ninety.

JAMES. Nine, Falder.

FALDER. [Faintly] I don't understand, sir.

JAMES. The suggestion, of course, is that the cheque was altered;

whether by you or Davis is the question.

FALDER. I--I

COKESON. Take your time, take your time.

FALDER. [Regaining his impassivity] Not by me, sir.

JAMES. The cheque was handed to--Cokeson by Mr. Walter at one

o'clock; we know that because Mr. Cokeson's lunch had just arrived.

COKESON. I couldn't leave it.

JAMES. Exactly; he therefore gave the cheque to Davis. It was

cashed by you at 1.15. We know that because the cashier recollects

it for the last cheque he handled before his lunch.

FALDER. Yes, sir, Davis gave it to me because some friends were

giving him a farewell luncheon.

JAMES. [Puzzled] You accuse Davis, then?

FALDER. I don't know, sir--it's very funny.

WALTER, who has come close to his father, says something to him

in a low voice.

JAMES. Davis was not here again after that Saturday, was he?

COKESON. [Anxious to be of assistance to the young man, and seeing

faint signs of their all being jolly once more] No, he sailed on the

Monday.

JAMES. Was he, Falder?

FALDER. [Very faintly] No, sir.

JAMES. Very well, then, how do you account for the fact that this

nought was added to the nine in the counterfoil on or after Tuesday?

COKESON. [Surprised] How's that?

FALDER gives a sort of lurch; he tries to pull himself together,

but he has gone all to pieces.

JAMES. [Very grimly] Out, I'm afraid, Cokeson. The cheque-book

remained in Mr. Walter's pocket till he came back from Trenton on

Tuesday morning. In the face of this, Falder, do you still deny that

you altered both cheque and counterfoil?

FALDER. No, sir--no, Mr. How. I did it, sir; I did it.

COKESON. [Succumbing to his feelings] Dear, dear! what a thing to

do!

FALDER. I wanted the money so badly, sir. I didn't know what I was

doing.

COKESON. However such a thing could have come into your head!

FALDER. [Grasping at the words] I can't think, sir, really! It was

just a minute of madness.

JAMES. A long minute, Falder. [Tapping the counterfoil] Four days

at least.

FALDER. Sir, I swear I didn't know what I'd done till afterwards,

and then I hadn't the pluck. Oh! Sir, look over it! I'll pay the

money back--I will, I promise.

JAMES. Go into your room.

FALDER, with a swift imploring look, goes back into his room.

There is silence.

JAMES. About as bad a case as there could be.

COKESON. To break the law like that-in here!

WALTER. What's to be done?

JAMES. Nothing for it. Prosecute.

WALTER. It's his first offence.

JAMES. [Shaking his head] I've grave doubts of that. Too neat a

piece of swindling altogether.

COKESON. I shouldn't be surprised if he was tempted.

JAMES. Life's one long temptation, Cokeson.

COKESON. Ye-es, but I'm speaking of the flesh and the devil, Mr.

James. There was a woman come to see him this morning.

WALTER. The woman we passed as we came in just now. Is it his wife?

COKESON. No, no relation. [Restraining what in jollier

circumstances would have been a wink] A married person, though.

WALTER. How do you know?

COKESON. Brought her children. [Scandalised] There they were

outside the office.

JAMES. A real bad egg.

WALTER. I should like to give him a chance.

JAMES. I can't forgive him for the sneaky way he went to work--

counting on our suspecting young Davis if the matter came to light.

It was the merest accident the cheque-book stayed in your pocket.

WALTER. It must have been the temptation of a moment. He hadn't

time.

JAMES. A man doesn't succumb like that in a moment, if he's a clean

mind and habits. He's rotten; got the eyes of a man who can't keep

his hands off when there's money about.

WALTER. [Dryly] We hadn't noticed that before.

JAMES. [Brushing the remark aside] I've seen lots of those fellows

in my time. No doing anything with them except to keep 'em out of

harm's way. They've got a blind spat.

WALTER. It's penal servitude.

COKESON. They're nahsty places-prisons.

JAMES. [Hesitating] I don't see how it's possible to spare him. Out

of the question to keep him in this office--honesty's the 'sine qua

non'.

COKESON. [Hypnotised] Of course it is.

JAMES. Equally out of the question to send him out amongst people

who've no knowledge of his character. One must think of society.

WALTER. But to brand him like this?

JAMES. If it had been a straightforward case I'd give him another

chance. It's far from that. He has dissolute habits.

COKESON. I didn't say that--extenuating circumstances.

JAMES. Same thing. He's gone to work in the most cold-blooded way

to defraud his employers, and cast the blame on an innocent man. If

that's not a case for the law to take its course, I don't know what

is.

WALTER. For the sake of his future, though.

JAMES. [Sarcastically] According to you, no one would ever

prosecute.

WALTER. [Nettled] I hate the idea of it.

COKESON. That's rather 'ex parte', Mr. Walter! We must have

protection.

JAMES. This is degenerating into talk.

He moves towards the partners' room.

WALTER. Put yourself in his place, father.

JAMES. You ask too much of me.

WALTER. We can't possibly tell the pressure there was on him.

JAMES. You may depend on it, my boy, if a man is going to do this

sort of thing he'll do it, pressure or no pressure; if he isn't

nothing'll make him.

WALTER. He'll never do it again.

COKESON. [Fatuously] S'pose I were to have a talk with him. We

don't want to be hard on the young man.

JAMES. That'll do, Cokeson. I've made up my mind. [He passes into

the partners' room.]

COKESON. [After a doubtful moment] We must excuse your father. I

don't want to go against your father; if he thinks it right.

WALTER. Confound it, Cokeson! why don't you back me up? You know

you feel----

COKESON. [On his dignity] I really can't say what I feel.

WALTER. We shall regret it.

COKESON. He must have known what he was doing.

WALTER. [Bitterly] "The quality of mercy is not strained."

COKESON. [Looking at him askance] Come, come, Mr. Walter. We must

try and see it sensible.

SWEEDLE. [Entering with a tray] Your lunch, sir.

COKESON. Put it down!

While SWEEDLE is putting it down on COKESON's table, the

detective, WISTER, enters the outer office, and, finding no one

there, comes to the inner doorway. He is a square, medium-sized

man, clean-shaved, in a serviceable blue serge suit and strong

boots.

COKESON. [Hoarsely] Here! Here! What are we doing?

WISTER. [To WALTER] From Scotland Yard, sir. Detective-Sergeant

Blister.

WALTER. [Askance] Very well! I'll speak to my father.

He goes into the partners' room. JAMES enters.

JAMES. Morning! [In answer to an appealing gesture from COKESON]

I'm sorry; I'd stop short of this if I felt I could. Open that door.

[SWEEDLE, wondering and scared, opens it] Come here, Mr. Falder.

As FALDER comes shrinkingly out, the detective in obedience to a

sign from JAMES, slips his hand out and grasps his arm.

FALDER. [Recoiling] Oh! no,--oh! no!

WALTER. Come, come, there's a good lad.

JAMES. I charge him with felony.

FALDER. Oh, sir! There's some one--I did it for her. Let me be

till to-morrow.

JAMES motions with his hand. At that sign of hardness, FALDER

becomes rigid. Then, turning, he goes out quietly in the

detective's grip. JAMES follows, stiff and erect. SWEEDLE,

rushing to the door with open mouth, pursues them through the

outer office into the corridor. When they have all disappeared

COKESON spins completely round and makes a rush for the outer

office.

COKESON: [Hoarsely] Here! What are we doing?

There is silence. He takes out his handkerchief and mops the

sweat from his face. Going back blindly to his table, sits

down, and stares blankly at his lunch.

The curtain falls.

ACT II

A Court of Justice, on a foggy October afternoon crowded with

barristers, solicitors, reporters, ushers, and jurymen. Sitting in

the large, solid dock is FALDER, with a warder on either side of him,

placed there for his safe custody, but seemingly indifferent to and

unconscious of his presence. FALDER is sitting exactly opposite to

the JUDGE, who, raised above the clamour of the court, also seems

unconscious of and indifferent to everything. HAROLD CLEAVER, the

counsel for the Crown, is a dried, yellowish man, of more than middle

age, in a wig worn almost to the colour of his face. HECTOR FROME,

the counsel for the defence, is a young, tall man, clean shaved, in a

very white wig. Among the spectators, having already given their

evidence, are JAMES and WALTER HOW, and COWLEY, the cashier. WISTER,

the detective, is just leaving the witness-box.

CLEAVER. That is the case for the Crown, me lud!

Gathering his robes together, he sits down.

FROME. [Rising and bowing to the JUDGE] If it please your lordship

and gentlemen of the jury. I am not going to dispute the fact that

the prisoner altered this cheque, but I am going to put before you

evidence as to the condition of his mind, and to submit that you

would not be justified in finding that he was responsible for his

actions at the time. I am going to show you, in fact, that he did

this in a moment of aberration, amounting to temporary insanity,

caused by the violent distress under which he was labouring.

Gentlemen, the prisoner is only twenty-three years old. I shall call

before you a woman from whom you will learn the events that led up to

this act. You will hear from her own lips the tragic circumstances

of her life, the still more tragic infatuation with which she has

inspired the prisoner. This woman, gentlemen, has been leading a

miserable existence with a husband who habitually ill-uses her, from

whom she actually goes in terror of her life. I am not, of course,

saying that it's either right or desirable for a young man to fall in

love with a married woman, or that it's his business to rescue her

from an ogre-like husband. I'm not saying anything of the sort. But

we all know the power of the passion of love; and I would ask you to

remember, gentlemen, in listening to her evidence, that, married to a

drunken and violent husband, she has no power to get rid of him; for,

as you know, another offence besides violence is necessary to enable

a woman to obtain a divorce; and of this offence it does not appear

that her husband is guilty.

JUDGE. Is this relevant, Mr. Frome?

FROME. My lord, I submit, extremely--I shall be able to show your

lordship that directly.

JUDGE. Very well.

FROME. In these circumstances, what alternatives were left to her?

She could either go on living with this drunkard, in terror of her

life; or she could apply to the Court for a separation order. Well,

gentlemen, my experience of such cases assures me that this would

have given her very insufficient protection from the violence of such

a man; and even if effectual would very likely have reduced her

either to the workhouse or the streets--for it's not easy, as she is

now finding, for an unskilled woman without means of livelihood to

support herself and her children without resorting either to the Poor

Law or--to speak quite plainly--to the sale of her body.

JUDGE. You are ranging rather far, Mr. Frome.

FROME. I shall fire point-blank in a minute, my lord.

JUDGE. Let us hope so.

FROME. Now, gentlemen, mark--and this is what I have been leading up

to--this woman will tell you, and the prisoner will confirm her,

that, confronted with such alternatives, she set her whole hopes on

himself, knowing the feeling with which she had inspired him. She

saw a way out of her misery by going with him to a new country, where

they would both be unknown, and might pass as husband and wife. This

was a desperate and, as my friend Mr. Cleaver will no doubt call it,

an immoral resolution; but, as a fact, the minds of both of them were

constantly turned towards it. One wrong is no excuse for another,

and those who are never likely to be faced by such a situation

possibly have the right to hold up their hands--as to that I prefer

to say nothing. But whatever view you take, gentlemen, of this part

of the prisoner's story--whatever opinion you form of the right of

these two young people under such circumstances to take the law into

their own hands--the fact remains that this young woman in her

distress, and this young man, little more than a boy, who was so

devotedly attached to her, did conceive this--if you like--

reprehensible design of going away together. Now, for that, of

course, they required money, and--they had none. As to the actual

events of the morning of July 7th, on which this cheque was altered,

the events on which I rely to prove the defendant's irresponsibility

--I shall allow those events to speak for themselves, through the

lips of my witness. Robert Cokeson. [He turns, looks round, takes

up a sheet of paper, and waits.]

COKESON is summoned into court, and goes into the witness-box,

holding his hat before him. The oath is administered to him.

FROME. What is your name?

COKESON. Robert Cokeson.

FROME. Are you managing clerk to the firm of solicitors who employ

the prisoner?

COKESON. Ye-es.

FROME. How long had the prisoner been in their employ?

COKESON. Two years. No, I'm wrong there--all but seventeen days.

FROME. Had you him under your eye all that time?

COKESON. Except Sundays and holidays.

FROME. Quite so. Let us hear, please, what you have to say about

his general character during those two years.

COKESON. [Confidentially to the jury, and as if a little surprised

at being asked] He was a nice, pleasant-spoken young man. I'd no

fault to find with him--quite the contrary. It was a great surprise

to me when he did a thing like that.

FROME. Did he ever give you reason to suspect his honesty?

COKESON. No! To have dishonesty in our office, that'd never do.

FROME. I'm sure the jury fully appreciate that, Mr. Cokeson.

COKESON. Every man of business knows that honesty's 'the sign qua

non'.

FROME. Do you give him a good character all round, or do you not?

COKESON. [Turning to the JUDGE] Certainly. We were all very jolly

and pleasant together, until this happened. Quite upset me.

FROME. Now, coming to the morning of the 7th of July, the morning on

which the cheque was altered. What have you to say about his

demeanour that morning?

COKESON. [To the jury] If you ask me, I don't think he was quite

compos when he did it.

THE JUDGE. [Sharply] Are you suggesting that he was insane?

COKESON. Not compos.

THE JUDGE. A little more precision, please.

FROME. [Smoothly] Just tell us, Mr. Cokeson.

COKESON. [Somewhat outraged] Well, in my opinion--[looking at the

JUDGE]--such as it is--he was jumpy at the time. The jury will

understand my meaning.

FROME. Will you tell us how you came to that conclusion?

COKESON. Ye-es, I will. I have my lunch in from the restaurant, a

chop and a potato--saves time. That day it happened to come just as

Mr. Walter How handed me the cheque. Well, I like it hot; so I went

into the clerks' office and I handed the cheque to Davis, the other

clerk, and told him to get change. I noticed young Falder walking up

and down. I said to him: "This is not the Zoological Gardens,

Falder."

FROME. Do you remember what he answered?

COKESON. Ye-es: "I wish to God it were!" Struck me as funny.

FROME. Did you notice anything else peculiar?

COKESON. I did.

FROME. What was that?

COKESON. His collar was unbuttoned. Now, I like a young man to be

neat. I said to him: "Your collar's unbuttoned."

FROME. And what did he answer?

COKESON. Stared at me. It wasn't nice.

THE JUDGE. Stared at you? Isn't that a very common practice?

COKESON. Ye-es, but it was the look in his eyes. I can't explain my

meaning--it was funny.

FROME. Had you ever seen such a look in his eyes before?

COKESON. No. If I had I should have spoken to the partners. We

can't have anything eccentric in our profession.

THE JUDGE. Did you speak to them on that occasion?

COKESON. [Confidentially] Well, I didn't like to trouble them about

prime facey evidence.

FROME. But it made a very distinct impression on your mind?

COKESON. Ye-es. The clerk Davis could have told you the same.

FROME. Quite so. It's very unfortunate that we've not got him here.

Now can you tell me of the morning on which the discovery of the

forgery was made? That would be the 18th. Did anything happen that

morning?

COKESON. [With his hand to his ear] I'm a little deaf.

FROME. Was there anything in the course of that morning--I mean

before the discovery--that caught your attention?

COKESON. Ye-es--a woman.

THE JUDGE. How is this relevant, Mr. Frome?

FROME. I am trying to establish the state of mind in which the

prisoner committed this act, my lord.

THE JUDGE. I quite appreciate that. But this was long after the

act.

FROME. Yes, my lord, but it contributes to my contention.

THE JUDGE. Well!

FROME. You say a woman. Do you mean that she came to the office?

COKESON. Ye-es.

FROME. What for?

COKESON. Asked to see young Falder; he was out at the moment.

FROME. Did you see her?

COKESON. I did.

FROME. Did she come alone?

COKESON. [Confidentially] Well, there you put me in a difficulty.

I mustn't tell you what the office-boy told me.

FROME. Quite so, Mr. Cokeson, quite so----

COKESON. [Breaking in with an air of "You are young--leave it to

me"] But I think we can get round it. In answer to a question put

to her by a third party the woman said to me: "They're mine, sir."

THE JUDGE. What are? What were?

COKESON. Her children. They were outside.

THE JUDGE. HOW do you know?

COKESON. Your lordship mustn't ask me that, or I shall have to tell

you what I was told--and that'd never do.

THE JUDGE. [Smiling] The office-boy made a statement.

COKESON. Egg-zactly.

FROME. What I want to ask you, Mr. Cokeson, is this. In the course

of her appeal to see Falder, did the woman say anything that you

specially remember?

COKESON. [Looking at him as if to encourage him to complete the

sentence] A leetle more, sir.

FROME. Or did she not?

COKESON. She did. I shouldn't like you to have led me to the

answer.

FROME. [With an irritated smile] Will you tell the jury what it

was?

COKESON. "It's a matter of life and death."

FOREMAN OF THE JURY. Do you mean the woman said that?

COKESON. [Nodding] It's not the sort of thing you like to have said

to you.

FROME. [A little impatiently] Did Falder come in while she was

there? [COKESON nods] And she saw him, and went away?

COKESON. Ah! there I can't follow you. I didn't see her go.

FROME. Well, is she there now?

COKESON. [With an indulgent smile] No!

FROME. Thank you, Mr. Cokeson. [He sits down.]

CLEAVER. [Rising] You say that on the morning of the forgery the

prisoner was jumpy. Well, now, sir, what precisely do you mean by

that word?

COKESON. [Indulgently] I want you to understand. Have you ever

seen a dog that's lost its master? He was kind of everywhere at once

with his eyes.

CLEAVER. Thank you; I was coming to his eyes. You called them

"funny." What are we to understand by that? Strange, or what?

COKESON. Ye-es, funny.

COKESON. [Sharply] Yes, sir, but what may be funny to you may not

be funny to me, or to the jury. Did they look frightened, or shy, or

fierce, or what?

COKESON. You make it very hard for me. I give you the word, and you

want me to give you another.

CLEAVER. [Rapping his desk] Does "funny" mean mad?

CLEAVER. Not mad, fun----

CLEAVER. Very well! Now you say he had his collar unbuttoned? Was

it a hot day?

COKESON. Ye-es; I think it was.

CLEAVER. And did he button it when you called his attention to it?

COKESON. Ye-es, I think he did.

CLEAVER. Would you say that that denoted insanity?

He sits downs. COKESON, who has opened his mouth to reply, is

left gaping.

FROME. [Rising hastily] Have you ever caught him in that dishevelled

state before?

COKESON. No! He was always clean and quiet.

FROME. That will do, thank you.

COKESON turns blandly to the JUDGE, as though to rebuke counsel

for not remembering that the JUDGE might wish to have a chance;

arriving at the conclusion that he is to be asked nothing

further, he turns and descends from the box, and sits down next

to JAMES and WALTER.

FROME. Ruth Honeywill.

RUTH comes into court, and takes her stand stoically in the

witness-box. She is sworn.

FROME. What is your name, please?

RUTH. Ruth Honeywill.

FROME. How old are you?

RUTH. Twenty-six.

FROME. You are a married woman, living with your husband? A little

louder.

RUTH. No, sir; not since July.

FROME. Have you any children?

RUTH. Yes, sir, two.

FROME. Are they living with you?

RUTH. Yes, sir.

FROME. You know the prisoner?

RUTH. [Looking at him] Yes.

FROME. What was the nature of your relations with him?

RUTH. We were friends.

THE JUDGE. Friends?

RUTH. [Simply] Lovers, sir.

THE JUDGE. [Sharply] In what sense do you use that word?

RUTH. We love each other.

THE JUDGE. Yes, but----

RUTH. [Shaking her head] No, your lordship--not yet.

THE JUDGE. 'Not yet! H'm! [He looks from RUTH to FALDER] Well!

FROME. What is your husband?

RUTH. Traveller.

FROME. And what was the nature of your married life?

RUTH. [Shaking her head] It don't bear talking about.

FROME. Did he ill-treat you, or what?

RUTH. Ever since my first was born.

FROME. In what way?

RUTH. I'd rather not say. All sorts of ways.

THE JUDGE. I am afraid I must stop this, you know.

RUTH. [Pointing to FALDER] He offered to take me out of it, sir.

We were going to South America.

FROME. [Hastily] Yes, quite--and what prevented you?

RUTH. I was outside his office when he was taken away. It nearly

broke my heart.

FROME. You knew, then, that he had been arrested?

RUTH. Yes, sir. I called at his office afterwards, and [pointing

to COKESON] that gentleman told me all about it.

FROME. Now, do you remember the morning of Friday, July 7th?

RUTH. Yes.

FROME. Why?

RUTH. My husband nearly strangled me that morning.

THE JUDGE. Nearly strangled you!

RUTH. [Bowing her head] Yes, my lord.

FROME. With his hands, or----?

RUTH. Yes, I just managed to get away from him. I went straight to

my friend. It was eight o'clock.

THE JUDGE. In the morning? Your husband was not under the influence

of liquor then?

RUTH. It wasn't always that.

FROME. In what condition were you?

RUTH. In very bad condition, sir. My dress was torn, and I was half

choking.

FROME. Did you tell your friend what had happened?

RUTH. Yes. I wish I never had.

FROME. It upset him?

RUTH. Dreadfully.

FROME. Did he ever speak to you about a cheque?

RUTH. Never.

FROZE. Did he ever give you any money?

RUTH. Yes.

FROME. When was that?

RUTH. On Saturday.

FROME. The 8th?

RUTH. To buy an outfit for me and the children, and get all ready to

start.

FROME. Did that surprise you, or not?

RUTH. What, sir?

FROME. That he had money to give you.

Ring. Yes, because on the morning when my husband nearly killed me

my friend cried because he hadn't the money to get me away. He told

me afterwards he'd come into a windfall.

FROME. And when did you last see him?

RUTH. The day he was taken away, sir. It was the day we were to

have started.

FROME. Oh, yes, the morning of the arrest. Well, did you see him at

all between the Friday and that morning? [RUTH nods] What was his

manner then?

RUTH. Dumb--like--sometimes he didn't seem able to say a word.

FROME. As if something unusual had happened to him?

RUTH. Yes.

FROME. Painful, or pleasant, or what?

RUTH. Like a fate hanging over him.

FROME. [Hesitating] Tell me, did you love the prisoner very much?

RUTH. [Bowing her head] Yes.

FROME. And had he a very great affection for you?

RUTH. [Looking at FALDER] Yes, sir.

FROME. Now, ma'am, do you or do you not think that your danger and

unhappiness would seriously affect his balance, his control over his

actions?

RUTH. Yes.

FROME. His reason, even?

RUTH. For a moment like, I think it would.

FROME. Was he very much upset that Friday morning, or was he fairly

calm?

RUTH. Dreadfully upset. I could hardly bear to let him go from me.

FROME. Do you still love him?

RUTH. [With her eyes on FALDER] He's ruined himself for me.

FROME. Thank you.

He sits down. RUTH remains stoically upright in the witness-box.

CLEAVER. [In a considerate voice] When you left him on the morning

of Friday the 7th you would not say that he was out of his mind, I

suppose?

RUTH. No, sir.

CLEAVER. Thank you; I've no further questions to ask you.

RUTH. [Bending a little forward to the jury] I would have done the

same for him; I would indeed.

THE JUDGE. Please, please! You say your married life is an unhappy

one? Faults on both sides?

RUTH. Only that I never bowed down to him. I don't see why I

should, sir, not to a man like that.

THE JUDGE. You refused to obey him?

RUTH. [Avoiding the question] I've always studied him to keep

things nice.

THE JUDGE. Until you met the prisoner--was that it?

RUTH. No; even after that.

THE JUDGE. I ask, you know, because you seem to me to glory in this

affection of yours for the prisoner.

RUTH. [Hesitating] I--I do. It's the only thing in my life now.

THE JUDGE. [Staring at her hard] Well, step down, please.

RUTH looks at FALDER, then passes quietly down and takes her

seat among the witnesses.

FROME. I call the prisoner, my lord.

FALDER leaves the dock; goes into the witness-box, and is duly

sworn.

FROME. What is your name?

FALDER. William Falder.

FROME. And age?

FALDER. Twenty-three.

FROME. You are not married?

FALDER shakes his head

FROME. How long have you known the last witness?

FALDER. Six months.

FROME. Is her account of the relationship between you a correct one?

FALDER. Yes.

FROME. You became devotedly attached to her, however?

FALDER. Yes.

THE JUDGE. Though you knew she was a married woman?

FALDER. I couldn't help it, your lordship.

THE JUDGE. Couldn't help it?

FALDER. I didn't seem able to.

The JUDGE slightly shrugs his shoulders.

FROME. How did you come to know her?

FALDER. Through my married sister.

FROME. Did you know whether she was happy with her husband?

FALDER. It was trouble all the time.

FROME. You knew her husband?

FALDER. Only through her--he's a brute.

THE JUDGE. I can't allow indiscriminate abuse of a person not

present.

FROME. [Bowing] If your lordship pleases. [To FALDER] You admit

altering this cheque?

FALDER bows his head.

FROME. Carry your mind, please, to the morning of Friday, July the

7th, and tell the jury what happened.

FALDER. [Turning to the jury] I was having my breakfast when she

came. Her dress was all torn, and she was gasping and couldn't seem

to get her breath at all; there were the marks of his fingers round

her throat; her arm was bruised, and the blood had got into her eyes

dreadfully. It frightened me, and then when she told me, I felt--I

felt--well--it was too much for me! [Hardening suddenly] If you'd

seen it, having the feelings for her that I had, you'd have felt the

same, I know.

FROME. Yes?

FALDER. When she left me--because I had to go to the office--I was

out of my senses for fear that he'd do it again, and thinking what I

could do. I couldn't work--all the morning I was like that--simply

couldn't fix my mind on anything. I couldn't think at all. I seemed

to have to keep moving. When Davis--the other clerk--gave me the

cheque--he said: "It'll do you good, Will, to have a run with this.

You seem half off your chump this morning." Then when I had it in my

hand--I don't know how it came, but it just flashed across me that if

I put the 'ty' and the nought there would be the money to get her

away. It just came and went--I never thought of it again. Then

Davis went out to his luncheon, and I don't really remember what I

did till I'd pushed the cheque through to the cashier under the rail.

I remember his saying "Gold or notes?" Then I suppose I knew what

I'd done. Anyway, when I got outside I wanted to chuck myself under

a bus; I wanted to throw the money away; but it seemed I was in for

it, so I thought at any rate I'd save her. Of course the tickets I

took for the passage and the little I gave her's been wasted, and

all, except what I was obliged to spend myself, I've restored. I

keep thinking over and over however it was I came to do it, and how I

can't have it all again to do differently!

FALDER is silent, twisting his hands before him.

FROME. How far is it from your office to the bank?

FALDER. Not more than fifty yards, sir.

FROME. From the time Davis went out to lunch to the time you cashed

the cheque, how long do you say it must have been?

FALDER. It couldn't have been four minutes, sir, because I ran all

the way.

FROME. During those four minutes you say you remember nothing?

FALDER. No, sir; only that I ran.

FROME. Not even adding the 'ty' and the nought?'

FALDER. No, sir. I don't really.

FROME sits down, and CLEAVER rises.

CLEAVER. But you remember running, do you?

FALDER. I was all out of breath when I got to the bank.

CLEAVER. And you don't remember altering the cheque?

FALDER. [Faintly] No, sir.

CLEAVER. Divested of the romantic glamour which my friend is casting

over the case, is this anything but an ordinary forgery? Come.

FALDER. I was half frantic all that morning, sir.

CLEAVER. Now, now! You don't deny that the 'ty' and the nought were

so like the rest of the handwriting as to thoroughly deceive the

cashier?

FALDER. It was an accident.

CLEAVER. [Cheerfully] Queer sort of accident, wasn't it? On which

day did you alter the counterfoil?

FALDER. [Hanging his head] On the Wednesday morning.

CLEAVER. Was that an accident too?

FALDER. [Faintly] No.

CLEAVER. To do that you had to watch your opportunity, I suppose?

FALDER. [Almost inaudibly] Yes.

CLEAVER. You don't suggest that you were suffering under great

excitement when you did that?

FALDER. I was haunted.

CLEAVER. With the fear of being found out?

FALDER. [Very low] Yes.

THE JUDGE. Didn't it occur to you that the only thing for you to do

was to confess to your employers, and restore the money?

FALDER. I was afraid. [There is silence]

CLEAVER. You desired, too, no doubt, to complete your design of

taking this woman away?

FALDER. When I found I'd done a thing like that, to do it for

nothing seemed so dreadful. I might just as well have chucked myself

into the river.

CLEAVER. You knew that the clerk Davis was about to leave England

--didn't it occur to you when you altered this cheque that suspicion

would fall on him?

FALDER. It was all done in a moment. I thought of it afterwards.

CLEAVER. And that didn't lead you to avow what you'd done?

FALDER. [Sullenly] I meant to write when I got out there--I would

have repaid the money.

THE JUDGE. But in the meantime your innocent fellow clerk might have

been prosecuted.

FALDER. I knew he was a long way off, your lordship. I thought

there'd be time. I didn't think they'd find it out so soon.

FROME. I might remind your lordship that as Mr. Walter How had the

cheque-book in his pocket till after Davis had sailed, if the

discovery had been made only one day later Falder himself would have

left, and suspicion would have attached to him, and not to Davis,

from the beginning.

THE JUDGE. The question is whether the prisoner knew that suspicion

would light on himself, and not on Davis. [To FALDER sharply] Did

you know that Mr. Walter How had the cheque-book till after Davis

had sailed?

FALDER. I--I--thought--he----

THE JUDGE. Now speak the truth-yes or no!

FALDER. [Very low] No, my lord. I had no means of knowing.

THE JUDGE. That disposes of your point, Mr. Frome.

[FROME bows to the JUDGE]

CLEAVER. Has any aberration of this nature ever attacked you before?

FALDER. [Faintly] No, sir.

CLEAVER. You had recovered sufficiently to go back to your work that

afternoon?

FALDER. Yes, I had to take the money back.

CLEAVER. You mean the nine pounds. Your wits were sufficiently keen

for you to remember that? And you still persist in saying you don't

remember altering this cheque. [He sits down]

FALDER. If I hadn't been mad I should never have had the courage.

FROME. [Rising] Did you have your lunch before going back?

FALDER. I never ate a thing all day; and at night I couldn't sleep.

FROME. Now, as to the four minutes that elapsed between Davis's

going out and your cashing the cheque: do you say that you recollect

nothing during those four minutes?

FALDER. [After a moment] I remember thinking of Mr. Cokeson's face.

FROME. Of Mr. Cokeson's face! Had that any connection with what you

were doing?

FALDER. No, Sir.

FROME. Was that in the office, before you ran out?

FALDER. Yes, and while I was running.

FROME. And that lasted till the cashier said: "Will you have gold or

notes?"

FALDER. Yes, and then I seemed to come to myself--and it was too

late.

FROME. Thank you. That closes the evidence for the defence, my

lord.

The JUDGE nods, and FALDER goes back to his seat in the dock.

FROME. [Gathering up notes] If it please your lordship--Gentlemen

of the Jury,--My friend in cross-examination has shown a disposition

to sneer at the defence which has been set up in this case, and I am

free to admit that nothing I can say will move you, if the evidence

has not already convinced you that the prisoner committed this act in

a moment when to all practical intents and purposes he was not

responsible for his actions; a moment of such mental and moral

vacuity, arising from the violent emotional agitation under which he

had been suffering, as to amount to temporary madness. My friend has

alluded to the "romantic glamour" with which I have sought to invest

this case. Gentlemen, I have done nothing of the kind. I have

merely shown you the background of "life"--that palpitating life

which, believe me--whatever my friend may say--always lies behind the

commission of a crime. Now gentlemen, we live in a highly, civilized

age, and the sight of brutal violence disturbs us in a very strange

way, even when we have no personal interest in the matter. But when

we see it inflicted on a woman whom we love--what then? Just think

of what your own feelings would have been, each of you, at the

prisoner's age; and then look at him. Well! he is hardly the

comfortable, shall we say bucolic, person likely to contemplate with

equanimity marks of gross violence on a woman to whom he was

devotedly attached. Yes, gentlemen, look at him! He has not a

strong face; but neither has he a vicious face. He is just the sort

of man who would easily become the prey of his emotions. You have

heard the description of his eyes. My friend may laugh at the word

"funny"--I think it better describes the peculiar uncanny look of

those who are strained to breaking-point than any other word which

could have been used. I don't pretend, mind you, that his mental

irresponsibility--was more than a flash of darkness, in which all

sense of proportion became lost; but to contend, that, just as a man

who destroys himself at such a moment may be, and often is, absolved

from the stigma attaching to the crime of self-murder, so he may, and

frequently does, commit other crimes while in this irresponsible

condition, and that he may as justly be acquitted of criminal intent

and treated as a patient. I admit that this is a plea which might

well be abused. It is a matter for discretion. But here you have a

case in which there is every reason to give the benefit of the doubt.

You heard me ask the prisoner what he thought of during those four

fatal minutes. What was his answer? "I thought of Mr. Cokeson's

face!" Gentlemen, no man could invent an answer like that; it is

absolutely stamped with truth. You have seen the great affection

[legitimate or not] existing between him and this woman, who came

here to give evidence for him at the risk of her life. It is

impossible for you to doubt his distress on the morning when he

committed this act. We well know what terrible havoc such distress

can make in weak and highly nervous people. It was all the work of a

moment. The rest has followed, as death follows a stab to the heart,

or water drops if you hold up a jug to empty it. Believe me,

gentlemen, there is nothing more tragic in life than the utter

impossibility of changing what you have done. Once this cheque was

altered and presented, the work of four minutes--four mad minutes

--the rest has been silence. But in those four minutes the boy

before you has slipped through a door, hardly opened, into that great

cage which never again quite lets a man go--the cage of the Law. His

further acts, his failure to confess, the alteration of the

counterfoil, his preparations for flight, are all evidence--not of

deliberate and guilty intention when he committed the prime act from

which these subsequent acts arose; no--they are merely evidence of

the weak character which is clearly enough his misfortune. But is a

man to be lost because he is bred and born with a weak character?

Gentlemen, men like the prisoner are destroyed daily under our law

for want of that human insight which sees them as they are, patients,

and not criminals. If the prisoner be found guilty, and treated as

though he were a criminal type, he will, as all experience shows, in

all probability become one. I beg you not to return a verdict that

may thrust him back into prison and brand him for ever. Gentlemen,

Justice is a machine that, when some one has once given it the

starting push, rolls on of itself. Is this young man to be ground to

pieces under this machine for an act which at the worst was one of

weakness? Is he to become a member of the luckless crews that man

those dark, ill-starred ships called prisons? Is that to be his

voyage-from which so few return? Or is he to have another chance, to

be still looked on as one who has gone a little astray, but who will

come back? I urge you, gentlemen, do not ruin this young man! For,

as a result of those four minutes, ruin, utter and irretrievable,

stares him in the face. He can be saved now. Imprison him as a

criminal, and I affirm to you that he will be lost. He has neither

the face nor the manner of one who can survive that terrible ordeal.

Weigh in the scales his criminality and the suffering he has

undergone. The latter is ten times heavier already. He has lain in

prison under this charge for more than two months. Is he likely ever

to forget that? Imagine the anguish of his mind during that time.

He has had his punishment, gentlemen, you may depend. The rolling of

the chariot-wheels of Justice over this boy began when it was decided

to prosecute him. We are now already at the second stage. If you

permit it to go on to the third I would not give--that for him.

He holds up finger and thumb in the form of a circle, drops his

hand, and sits dozen.

The jury stir, and consult each other's faces; then they turn towards

the counsel for the Crown, who rises, and, fixing his eyes on a spot

that seems to give him satisfaction, slides them every now and then

towards the jury.

CLEAVER. May it please your lordship--[Rising on his toes] Gentlemen

of the Jury,--The facts in this case are not disputed, and the

defence, if my friend will allow me to say so, is so thin that I

don't propose to waste the time of the Court by taking you over the

evidence. The plea is one of temporary insanity. Well, gentlemen, I

daresay it is clearer to me than it is to you why this rather--what

shall we call it?--bizarre defence has been set up. The alternative

would have been to plead guilty. Now, gentlemen, if the prisoner had

pleaded guilty my friend would have had to rely on a simple appeal to

his lordship. Instead of that, he has gone into the byways and

hedges and found this--er--peculiar plea, which has enabled him to

show you the proverbial woman, to put her in the box--to give, in

fact, a romantic glow to this affair. I compliment my friend; I

think it highly ingenious of him. By these means, he has--to a

certain extent--got round the Law. He has brought the whole story of

motive and stress out in court, at first hand, in a way that he would

not otherwise have been able to do. But when you have once grasped

that fact, gentlemen, you have grasped everything. [With

good-humoured contempt] For look at this plea of insanity; we can't

put it lower than that. You have heard the woman. She has every

reason to favour the prisoner, but what did she say? She said that

the prisoner was not insane when she left him in the morning. If he

were going out of his mind through distress, that was obviously the

moment when insanity would have shown itself. You have heard the

managing clerk, another witness for the defence. With some

difficulty I elicited from him the admission that the prisoner,

though jumpy [a word that he seemed to think you would understand,

gentlemen, and I'm sure I hope you do], was not mad when the cheque

was handed to Davis. I agree with my friend that it's unfortunate

that we have not got Davis here, but the prisoner has told you the

words with which Davis in turn handed him the cheque; he obviously,

therefore, was not mad when he received it, or he would not have

remembered those words. The cashier has told you that he was

certainly in his senses when he cashed it. We have therefore the

plea that a man who is sane at ten minutes past one, and sane at

fifteen minutes past, may, for the purposes of avoiding the

consequences of a crime, call himself insane between those points of

time. Really, gentlemen, this is so peculiar a proposition that I am

not disposed to weary you with further argument. You will form your

own opinion of its value. My friend has adopted this way of saying a

great deal to you--and very eloquently--on the score of youth,

temptation, and the like. I might point out, however, that the

offence with which the prisoner is charged is one of the most serious

known to our law; and there are certain features in this case, such

as the suspicion which he allowed to rest on his innocent fellow-clerk,

and his relations with this married woman, which will render it

difficult for you to attach too much importance to such pleading. I

ask you, in short, gentlemen, for that verdict of guilty which, in the

circumstances, I regard you as, unfortunately, bound to record.

Letting his eyes travel from the JUDGE and the jury to FROME, he

sits down.

THE JUDGE. [Bending a little towards the jury, and speaking in a

business-like voice] Gentlemen, you have heard the evidence, and the

comments on it. My only business is to make clear to you the issues

you have to try. The facts are admitted, so far as the alteration of

this cheque and counterfoil by the prisoner. The defence set up is

that he was not in a responsible condition when he committed the

crime. Well, you have heard the prisoner's story, and the evidence

of the other witnesses--so far as it bears on the point of insanity.

If you think that what you have heard establishes the fact that the

prisoner was insane at the time of the forgery, you will find him

guilty, but insane. If, on the other hand, you conclude from what

you have seen and heard that the prisoner was sane--and nothing short

of insanity will count--you will find him guilty. In reviewing the

testimony as to his mental condition you must bear in mind very

carefully the evidence as to his demeanour and conduct both before

and after the act of forgery--the evidence of the prisoner himself,

of the woman, of the witness--er--COKESON, and--er--of the cashier.

And in regard to that I especially direct your attention to the

prisoner's admission that the idea of adding the 'ty' and the nought

did come into his mind at the moment when the cheque was handed to

him; and also to the alteration of the counterfoil, and to his

subsequent conduct generally. The bearing of all this on the

question of premeditation [and premeditation will imply sanity] is

very obvious. You must not allow any considerations of age or

temptation to weigh with you in the finding of your verdict. Before

you can come to a verdict of guilty but insane you must be well and

thoroughly convinced that the condition of his mind was such as would

have qualified him at the moment for a lunatic asylum. [He pauses,

then, seeing that the jury are doubtful whether to retire or no,

adds:] You may retire, gentlemen, if you wish to do so.

The jury retire by a door behind the JUDGE. The JUDGE bends

over his notes. FALDER, leaning from the dock, speaks excitedly

to his solicitor, pointing dawn at RUTH. The solicitor in turn

speaks to FROME.

FROME. [Rising] My lord. The prisoner is very anxious that I should

ask you if your lordship would kindly request the reporters not to

disclose the name of the woman witness in the Press reports of these

proceedings. Your lordship will understand that the consequences

might be extremely serious to her.

THE JUDGE. [Pointedly--with the suspicion of a smile] well, Mr.

Frome, you deliberately took this course which involved bringing her

here.

FROME. [With an ironic bow] If your lordship thinks I could have

brought out the full facts in any other way?

THE JUDGE. H'm! Well.

FROME. There is very real danger to her, your lordship.

THE JUDGE. You see, I have to take your word for all that.

FROME. If your lordship would be so kind. I can assure your

lordship that I am not exaggerating.

THE JUDGE. It goes very much against the grain with me that the name

of a witness should ever be suppressed. [With a glance at FALDER,

who is gripping and clasping his hands before him, and then at RUTH,

who is sitting perfectly rigid with her eyes fixed on FALDER] I'll

consider your application. It must depend. I have to remember that

she may have come here to commit perjury on the prisoner's behalf.

FROME. Your lordship, I really----

THE JUDGE. Yes, yes--I don't suggest anything of the sort, Mr.

Frome. Leave it at that for the moment.

As he finishes speaking, the jury return, and file back into the

box.

CLERK of ASSIZE. Gentlemen, are you agreed on your verdict?

FOREMAN. We are.

CLERK of ASSIZE. Is it Guilty, or Guilty but insane?

FOREMAN. Guilty.

The JUDGE nods; then, gathering up his notes, sits looking at

FALDER, who stands motionless.

FROME. [Rising] If your lordship would allow me to address you in

mitigation of sentence. I don't know if your lordship thinks I can

add anything to what I have said to the jury on the score of the

prisoner's youth, and the great stress under which he acted.

THE JUDGE. I don't think you can, Mr. Frome.

FROME. If your lordship says so--I do most earnestly beg your

lordship to give the utmost weight to my plea. [He sits down.]

THE JUDGE. [To the CLERK] Call upon him.

THE CLERK. Prisoner at the bar, you stand convicted of felony. Have

you anything to say for yourself, why the Court should not give you

judgment according to law? [FALDER shakes his head]

THE JUDGE. William Falder, you have been given fair trial and found

guilty, in my opinion rightly found guilty, of forgery. [He pauses;

then, consulting his notes, goes on] The defence was set up that you

were not responsible for your actions at the moment of committing

this crime. There is no, doubt, I think, that this was a device to

bring out at first hand the nature of the temptation to which you

succumbed. For throughout the trial your counsel was in reality

making an appeal for mercy. The setting up of this defence of course

enabled him to put in some evidence that might weigh in that

direction. Whether he was well advised to so is another matter. He

claimed that you should be treated rather as a patient than as a

criminal. And this plea of his, which in the end amounted to a

passionate appeal, he based in effect on an indictment of the march

of Justice, which he practically accused of confirming and completing

the process of criminality. Now, in considering how far I should

allow weight to his appeal; I have a number of factors to take into

account. I have to consider on the one hand the grave nature of your

offence, the deliberate way in which you subsequently altered the

counterfoil, the danger you caused to an innocent man--and that, to

my mind, is a very grave point--and finally I have to consider the

necessity of deterring others from following your example. On the

other hand, I have to bear in mind that you are young, that you have

hitherto borne a good character, that you were, if I am to believe

your evidence and that of your witnesses, in a state of some

emotional excitement when you committed this crime. I have every

wish, consistently with my duty--not only to you, but to the

community--to treat you with leniency. And this brings me to what

are the determining factors in my mind in my consideration of your

case. You are a clerk in a lawyer's office--that is a very serious

element in this case; there can be no possible excuse made for you on

the ground that you were not fully conversant with the nature of the

crime you were committing, and the penalties that attach to it. It

is said, however, that you were carried away by your emotions. The

story has been told here to-day of your relations with this--er--Mrs.

Honeywill; on that story both the defence and the plea for mercy were

in effect based. Now what is that story? It is that you, a young

man, and she, a young woman, unhappily married, had formed an

attachment, which you both say--with what truth I am unable to gauge

--had not yet resulted in immoral relations, but which you both admit

was about to result in such relationship. Your counsel has made an

attempt to palliate this, on the ground that the woman is in what he

describes, I think, as "a hopeless position." As to that I can

express no opinion. She is a married woman, and the fact is patent

that you committed this crime with the view of furthering an immoral

design. Now, however I might wish, I am not able to justify to my

conscience a plea for mercy which has a basis inimical to morality.

It is vitiated 'ab initio', and would, if successful, free you for

the completion of this immoral project. Your counsel has made an

attempt to trace your offence back to what he seems to suggest is a

defect in the marriage law; he has made an attempt also to show that

to punish you with further imprisonment would be unjust. I do not

follow him in these flights. The Law is what it is--a majestic

edifice, sheltering all of us, each stone of which rests on another.

I am concerned only with its administration. The crime you have

committed is a very serious one. I cannot feel it in accordance with

my duty to Society to exercise the powers I have in your favour. You

will go to penal servitude for three years.

FALDER, who throughout the JUDGE'S speech has looked at him

steadily, lets his head fall forward on his breast. RUTH starts

up from her seat as he is taken out by the warders. There is a

bustle in court.

THE JUDGE. [Speaking to the reporters] Gentlemen of the Press, I

think that the name of the female witness should not be reported.

The reporters bow their acquiescence. THE JUDGE. [To RUTH, who

is staring in the direction in which FALDER has disappeared] Do

you understand, your name will not be mentioned?

COKESON. [Pulling her sleeve] The judge is speaking to you.

RUTH turns, stares at the JUDGE, and turns away.

THE JUDGE. I shall sit rather late to-day. Call the next case.

CLERK of ASSIZE. [To a warder] Put up John Booley.

To cries of "Witnesses in the case of Booley":

The curtain falls.

ACT III

SCENE I

A prison. A plainly furnished room, with two large barred

windows, overlooking the prisoners' exercise yard, where men, in

yellow clothes marked with arrows, and yellow brimless caps, are

seen in single file at a distance of four yards from each other,

walking rapidly on serpentine white lines marked on the concrete

floor of the yard. Two warders in blue uniforms, with peaked

caps and swords, are stationed amongst them. The room has

distempered walls, a bookcase with numerous official-looking

books, a cupboard between the windows, a plan of the prison on

the wall, a writing-table covered with documents. It is

Christmas Eve.

The GOVERNOR, a neat, grave-looking man, with a trim, fair

moustache, the eyes of a theorist, and grizzled hair, receding

from the temples, is standing close to this writing-table

looking at a sort of rough saw made out of a piece of metal.

The hand in which he holds it is gloved, for two fingers

are missing. The chief warder, WOODER, a tall, thin,

military-looking man of sixty, with grey moustache and

melancholy, monkey-like eyes, stands very upright two paces

from him.

THE GOVERNOR. [With a faint, abstracted smile] Queer-looking

affair, Mr. Wooder! Where did you find it?

WOODER. In his mattress, sir. Haven't come across such a thing for

two years now.

THE GOVERNOR. [With curiosity] Had he any set plan?

WOODER. He'd sawed his window-bar about that much. [He holds up his

thumb and finger a quarter of an inch apart]

THE GOVERNOR. I'll see him this afternoon. What's his name?

Moaney! An old hand, I think?

WOODER. Yes, sir-fourth spell of penal. You'd think an old lag like

him would have had more sense by now. [With pitying contempt]

Occupied his mind, he said. Breaking in and breaking out--that's all

they think about.

THE GOVERNOR. Who's next him?

WOODER. O'Cleary, sir.

THE GOVERNOR. The Irishman.

WOODER. Next him again there's that young fellow, Falder--star

class--and next him old Clipton.

THE GOVERNOR. Ah, yes! "The philosopher." I want to see him about

his eyes.

WOODER. Curious thing, sir: they seem to know when there's one of

these tries at escape going on. It makes them restive--there's a

regular wave going through them just now.

THE GOVERNOR. [Meditatively] Odd things--those waves. [Turning to

look at the prisoners exercising] Seem quiet enough out here!

WOODER. That Irishman, O'Cleary, began banging on his door this

morning. Little thing like that's quite enough to upset the whole

lot. They're just like dumb animals at times.

THE GOVERNOR. I've seen it with horses before thunder--it'll run

right through cavalry lines.

The prison CHAPLAIN has entered. He is a dark-haired, ascetic

man, in clerical undress, with a peculiarly steady, tight-lipped

face and slow, cultured speech.

THE GOVERNOR. [Holding up the saw] Seen this, Miller?

THE CHAPLAIN. Useful-looking specimen.

THE GOVERNOR. Do for the Museum, eh! [He goes to the cupboard and

opens it, displaying to view a number of quaint ropes, hooks, and

metal tools with labels tied on them] That'll do, thanks, Mr.

Wooder.

WOODER. [Saluting] Thank you, sir. [He goes out]

THE GOVERNOR. Account for the state of the men last day or two,

Miller? Seems going through the whole place.

THE CHAPLAIN. No. I don't know of anything.

THE GOVERNOR. By the way, will you dine with us on Christmas Day?

THE CHAPLAIN. To-morrow. Thanks very much.

THE GOVERNOR. Worries me to feel the men discontented. [Gazing at

the saw] Have to punish this poor devil. Can't help liking a man

who tries to escape. [He places the saw in his pocket and locks the

cupboard again]

THE CHAPLAIN. Extraordinary perverted will-power--some of them.

Nothing to be done till it's broken.

THE GOVERNOR. And not much afterwards, I'm afraid. Ground too hard

for golf?

WOODER comes in again.

WOODER. Visitor who's been seeing Q 3007 asks to speak to you, sir.

I told him it wasn't usual.

THE GOVERNOR. What about?

WOODER. Shall I put him off, sir?

THE GOVERNOR. [Resignedly] No, no. Let's see him. Don't go,

Miller.

WOODER motions to some one without, and as the visitor comes in

withdraws.

The visitor is COKESON, who is attired in a thick overcoat to

the knees, woollen gloves, and carries a top hat.

COKESON. I'm sorry to trouble you. I've been talking to the young

man.

THE GOVERNOR. We have a good many here.

COKESON. Name of Falder, forgery. [Producing a card, and handing it

to the GOVERNOR] Firm of James and Walter How. Well known in the

law.

THE GOVERNOR. [Receiving the card-with a faint smile] What do you

want to see me about, sir?

COKESON. [Suddenly seeing the prisoners at exercise] Why! what a

sight!

THE GOVERNOR. Yes, we have that privilege from here; my office is

being done up. [Sitting down at his table] Now, please!

COKESON. [Dragging his eyes with difficulty from the window] I

wanted to say a word to you; I shan't keep you long.

[Confidentially] Fact is, I oughtn't to be here by rights. His

sister came to me--he's got no father and mother--and she was in some

distress. "My husband won't let me go and see him," she said; "says

he's disgraced the family. And his other sister," she said, "is an

invalid." And she asked me to come. Well, I take an interest in

him. He was our junior--I go to the same chapel--and I didn't like

to refuse. And what I wanted to tell you was, he seems lonely here.

THE GOVERNOR. Not unnaturally.

COKESON. I'm afraid it'll prey on my mind. I see a lot of them

about working together.

THE GOVERNOR. Those are local prisoners. The convicts serve their

three months here in separate confinement, sir.

COKESON. But we don't want to be unreasonable. He's quite

downhearted. I wanted to ask you to let him run about with the

others.

THE GOVERNOR. [With faint amusement] Ring the bell-would you,

Miller? [To COKESON] You'd like to hear what the doctor says about

him, perhaps.

THE CHAPLAIN. [Ringing the bell] You are not accustomed to prisons,

it would seem, sir.

COKESON. No. But it's a pitiful sight. He's quite a young fellow.

I said to him: "Before a month's up" I said, "you'll be out and about

with the others; it'll be a nice change for you." "A month!" he said

--like that! "Come!" I said, "we mustn't exaggerate. What's a

month? Why, it's nothing!" "A day," he said, "shut up in your cell

thinking and brooding as I do, it's longer than a year outside. I

can't help it," he said; "I try--but I'm built that way, Mr.

COKESON." And, he held his hand up to his face. I could see the

tears trickling through his fingers. It wasn't nice.

THE CHAPLAIN. He's a young man with large, rather peculiar eyes,

isn't he? Not Church of England, I think?

COKESON. No.

THE CHAPLAIN. I know.

THE GOVERNOR. [To WOODER, who has come in] Ask the doctor to be

good enough to come here for a minute. [WOODER salutes, and goes

out] Let's see, he's not married?

COKESON. No. [Confidentially] But there's a party he's very much

attached to, not altogether com-il-fa. It's a sad story.

THE CHAPLAIN. If it wasn't for drink and women, sir, this prison

might be closed.

COKESON. [Looking at the CHAPLAIN over his spectacles] Ye-es, but I

wanted to tell you about that, special. He had hopes they'd have let

her come and see him, but they haven't. Of course he asked me

questions. I did my best, but I couldn't tell the poor young fellow

a lie, with him in here--seemed like hitting him. But I'm afraid

it's made him worse.

THE GOVERNOR. What was this news then?

COKESON. Like this. The woman had a nahsty, spiteful feller for a

husband, and she'd left him. Fact is, she was going away with our

young friend. It's not nice--but I've looked over it. Well, when he

was put in here she said she'd earn her living apart, and wait for

him to come out. That was a great consolation to him. But after a

month she came to me--I don't know her personally--and she said:

"I can't earn the children's living, let alone my own--I've got no

friends. I'm obliged to keep out of everybody's way, else my

husband'd get to know where I was. I'm very much reduced," she said.

And she has lost flesh. "I'll have to go in the workhouse!" It's a

painful story. I said to her: "No," I said, "not that! I've got a

wife an' family, but sooner than you should do that I'll spare you a

little myself." "Really," she said--she's a nice creature--"I don't

like to take it from you. I think I'd better go back to my husband."

Well, I know he's a nahsty, spiteful feller--drinks--but I didn't

like to persuade her not to.

THE CHAPLAIN. Surely, no.

COKESON. Ye-es, but I'm sorry now; it's upset the poor young fellow

dreadfully. And what I wanted to say was: He's got his three years

to serve. I want things to be pleasant for him.

THE CHAPLAIN. [With a touch of impatience] The Law hardly shares

your view, I'm afraid.

COKESON. But I can't help thinking that to shut him up there by

himself'll turn him silly. And nobody wants that, I s'pose. I don't

like to see a man cry.

THE CHAPLAIN. It's a very rare thing for them to give way like that.

COKESON. [Looking at him-in a tone of sudden dogged hostility]

I keep dogs.

THE CHAPLAIN. Indeed?

COKESON. Ye-es. And I say this: I wouldn't shut one of them up all

by himself, month after month, not if he'd bit me all over.

THE CHAPLAIN. Unfortunately, the criminal is not a dog; he has a

sense of right and wrong.

COKESON. But that's not the way to make him feel it.

THE CHAPLAIN. Ah! there I'm afraid we must differ.

COKESON. It's the same with dogs. If you treat 'em with kindness

they'll do anything for you; but to shut 'em up alone, it only makes

'em savage.

THE CHAPLAIN. Surely you should allow those who have had a little

more experience than yourself to know what is best for prisoners.

COKESON. [Doggedly] I know this young feller, I've watched him for

years. He's eurotic--got no stamina. His father died of

consumption. I'm thinking of his future. If he's to be kept there

shut up by himself, without a cat to keep him company, it'll do him

harm. I said to him: "Where do you feel it?" "I can't tell you, Mr.

COKESON," he said, "but sometimes I could beat my head against the

wall." It's not nice.

During this speech the DOCTOR has entered. He is a

medium-Sized, rather good-looking man, with a quick eye.

He stands leaning against the window.

THE GOVERNOR. This gentleman thinks the separate is telling on

Q 3007--Falder, young thin fellow, star class. What do you say,

Doctor Clements?

THE DOCTOR. He doesn't like it, but it's not doing him any harm.

COKESON. But he's told me.

THE DOCTOR. Of course he'd say so, but we can always tell. He's

lost no weight since he's been here.

COKESON. It's his state of mind I'm speaking of.

THE DOCTOR. His mind's all right so far. He's nervous, rather

melancholy. I don't see signs of anything more. I'm watching him

carefully.

COKESON. [Nonplussed] I'm glad to hear you say that.

THE CHAPLAIN. [More suavely] It's just at this period that we are

able to make some impression on them, sir. I am speaking from my

special standpoint.

COKESON. [Turning bewildered to the GOVERNOR] I don't want to be

unpleasant, but having given him this news, I do feel it's awkward.

THE GOVERNOR. I'll make a point of seeing him to-day.

COKESON. I'm much obliged to you. I thought perhaps seeing him

every day you wouldn't notice it.

THE GOVERNOR. [Rather sharply] If any sign of injury to his health

shows itself his case will be reported at once. That's fully

provided for. [He rises]

COKESON. [Following his own thoughts] Of course, what you don't see

doesn't trouble you; but having seen him, I don't want to have him on

my mind.

THE GOVERNOR. I think you may safely leave it to us, sir.

COKESON. [Mollified and apologetic] I thought you'd understand me.

I'm a plain man--never set myself up against authority. [Expanding

to the CHAPLAIN] Nothing personal meant. Good-morning.

As he goes out the three officials do not look at each other,

but their faces wear peculiar expressions.

THE CHAPLAIN. Our friend seems to think that prison is a hospital.

COKESON. [Returning suddenly with an apologetic air] There's just

one little thing. This woman--I suppose I mustn't ask you to let him

see her. It'd be a rare treat for them both. He's thinking about

her all the time. Of course she's not his wife. But he's quite safe

in here. They're a pitiful couple. You couldn't make an exception?

THE GOVERNOR. [Wearily] As you say, my dear sir, I couldn't make an

exception; he won't be allowed another visit of any sort till he goes

to a convict prison.

COKESON. I see. [Rather coldly] Sorry to have troubled you.

[He again goes out]

THE CHAPLAIN. [Shrugging his shoulders] The plain man indeed, poor

fellow. Come and have some lunch, Clements?

He and the DOCTOR go out talking.

The GOVERNOR, with a sigh, sits down at his table and takes up a

pen.

The curtain falls.

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