III.

Every conceivable form of pressure to prevent the trial of Walter Banks

was brought to bear in the next few weeks; but Prosecutor Mathews had

pushed the case vigorously in spite of it all. He felt not only that

justice was at stake, but that his own moral fibre was in pawn, as

well. He held aloof from his social friends--who were in many cases the

friends of the accused, also--lest he lose sight of his duty through

some fresh or new form of attack upon his integrity of purpose.

It had come to his knowledge that even the Judge who was to sit in the

case had been approached by the friends of the defendant, and it was

felt that it would be difficult to impanel a jury that would or could be

fair and impartial.

If but one man was drawn from the "upper class," the jury would be sure

to hang. On the other hand, if all of the talesmen were chosen from that

social caste which feels that it is usually the victim, it would go hard

with Walter Banks even if he were able--as seemed wholly unlikely--to

show a reasonably clear case in his favor.

The day came. The court-room held an unusual audience. There were many

ladies present who had never before seen the inside of such a room. They

held their breath and were filled with awe and fear--of they knew not

what.

Perhaps few men can realize what it is to a woman to face for the first

time the embodiment of all that her strong faith and utter ignorance has

carried to mature years as an ideal of justice and dignity--of solemn

obligation and fearful responsibility. To her there has been no reverse

side to the picture. She believes in courts as courts of justice. She

knows nothing of quibble, of technicality, of precedent. Nothing here

is light or humorous to her. Next to a death chamber the criminal

court-room is fullest of the thoughts which reach beyond mere human

responsibility and import, and all that passes there is freighted for

her with a sense of finality that few men can comprehend. _They_ think

of reversal of judgment.

The fiat of the court is the closing knell to a woman; and although she

may know the judge in private life to be a fallible or--more incongruous

still--a jovial man, his presence _here_ is overpowering. Of the jury

she feels vaguely, dread. Of the judge, awe.

The mother of the prisoner sat near him. Her sad, pale, refined face

troubled the young prosecutor sorely and he tugged at his conscience and

spurred on his resolution after each glance at her.

The case was so plain, the evidence so clear, the defence so weak that

the whole tide of public sentiment swung rapidly from the side of the

prisoner to that of the people.

The indignation for him which had been felt by the society women who had

come to show themselves as his friends changed into scorn and contempt.

The whole mental atmosphere of the room underwent a revolution. When

court opened few besides the officers believed him guilty. As the

case drew near its close no one believed him innocent. He had not been

allowed by his counsel to take the stand in his own behalf, and this had

told strongly against him in the minds of both jury and spectators. The

prosecuting attorney had made a telling speech, and the charge of the

judge was plainly indicative of his opinion that there was but one

verdict to give.

The jury had taken but one ballot. They had needed no charge from the

judge at all.

"Guilty,"--came from the foreman's lips with a decided accent that

indicated a certain satisfaction in pronouncing it. The prisoner's face

grew a shade paler, but the puzzled light in his eyes lost nothing of

that weary, insistent questioning that had marked their depths all day.

Indeed, he seemed to be as much surprised, as the evidence had been

unfolded, as were the friends who were there to see him vindicated.

During the speech of the prosecutor and the charge of the judge young

Banks; mother had held her son's hand and tears had dropped unheeded

from her eyes.

The judge had spoken again, but no one moved. The attorney for the

prisoner bent forward and touched him on the shoulder.

"Stand up for sentence," he said. "The judge"--

"Sit still!" It was the woman beside him who spoke. She had dried her

tears. Every face in the room was turned toward her now. She staggered

to her feet. Her voice penetrated every corner of the room.

"_I_ am the thief, judge. Sentence me. I stole the cloak!"

"Mother, mother! Great God, it is not true! Mother, sit down! She never

saw the coat. Mother! Mother! Great God, what does it mean?"

The young fellow had sprung to his feet, but she eluded his grasp, and

before any one knew what she intended to do she passed onto the witness

stand.

There was a tense silence in the room. No one was prepared for the

scene. It had been so swiftly done--so wholly without warning--that

every one sat dumb.

She had caught up the Bible as she reached the stand and pressed it

to her lips. She was vaguely aware that this act was looked upon as

affecting the credibility of the witness. She also imagined that it gave

her a right to put in her evidence even at this stage of the trial. She

supposed that a trial was for the purpose of arriving at the facts and

that the Court sat with that object alone in view. She did not know that

it was too late. She was unaware that the case would have to be reopened

to admit her evidence. She did not know that it was possible for the

gate of justice to be swung shut in the face of truth. She supposed

that all trials were for the one purpose of getting at the bottom of the

case; so that it did not occur to her that her action was strange only

in so far as such a confession from such a woman must be so regarded by

all who knew her, and who was there in all the town who did not know and

respect her?

The young prosecutor sat mute. The eyes of the judge widened in

astonishment. For the moment he was the man and neighbor only. He forgot

his office. She was talking rapidly, and all were listening.

"I am the thief, judge. Let me tell you. It is not right that he should

suffer for my crime. Poor boy, his life has been a hell on earth for

_me--for me!_ And he has never understood. I could not tell him. I shall

now. He shall understand. _You_ shall, judge. Oh, God, if only a woman

sat where you do--a mother! But let me tell you; I can. I thought I

could not; but I can--even to _these_ gentlemen." She waved her hand

toward the jury and there was a widening of her nostrils as if her

breath and courage were leaving her. "Rather than have him punished,

disgraced, ruined, I can tell it all. He is _not_ guilty. It is I! It is

I!" She put her trembling hands to her temples and her eyes were those

of a hunted creature at bay.

"Before he came into the world--you'll let me tell you frankly, judge?

_I must_. Before he came into the world I made him what he is--a thief.

Did I or did his father? It was like this. I am ashamed to tell it, but,

oh, judge, I _loved_ him, and I longed to make the pretty things and

buy the dainty ones that would make his soft, white, dimpled flesh

look sweeter when he should lie before me. His father was--you knew his

father, judge. He was a good man, but-- You know how he loved money--and

power. He-- I-- I was the pauper most young wives are. I was too proud

to ask for money, and if I _had_ asked often-- But I was too proud, so,

perhaps, I need not tell about the if. Most women know it, and-- You

could not understand."

She paused. A panic had overtaken her nerves. She was becoming vaguely

conscious of her position. Her eyes wandered over the room; but when

they fell upon her son, sitting with his wretched face pinched and

startled, with his deep eyes staring at her, her courage came again.

"At first I had no thought of theft. I used to go each night after my

husband fell asleep and take a little money from his pocket. Only

a little. He never missed it--never. So he used to whip the boy for

stealing afterward and said he would disgrace us and-- I never told

him even then. Life was horrible. The growing certainty maddened me. He

would steal anything, everything about the house, even his own things.

He did not understand himself and he could not help it; but I did not

think it would ever come to _this_--through me--_through me!_"

She calmed herself again suddenly by a glance at her son.

"Every night I took only a little money. My motive was a good one.

I knew my husband did not understand how I longed to get the pretty

things. How-- Of course in one sense I had a right to the money. He was

rich even then, but--I _felt_ myself a--pauper--and a thief.

"I-- Do you think young mothers should be young paupers, judge? I've

sometimes thought that if they were not there might be less use for

courts like this--and prisons.

"I've sometimes thought if mothers sat on juries they'd know the reasons

why for crime and wrong and, maybe, work to cure the causes of

the crimes rather than simply punish those who have committed them

blindly--_often blindly_.

"I've sometimes thought the cost--in money--would be less; and then the

cost in love and sorrow! Oh, judge, be patient just a little longer.

Do not let them stop me. It means so much to _us!_ I'll go back to

the point. I'll tell the truth--all of it--all. But it is hard to do

it--here.

"I bought the little wardrobe; but remember, judge, the months and

months of daily building, bone on bone, fibre within fibre, thought on

thought that is moulded into shape for human beings!

"I knew your father, judge. Your eyes are like his, but all your mental

life--your temperament--you got from other blood than filled his veins.

"Your father's mother gave you your character. Your gentle heart is

hers--your patient thoughtfulness. I knew her well. I knew your mother,

too. She was the teacher of my motherhood. It was to her I told the

truth in my boy's childhood--when I first began to realize or fear

what I had done. You owe it all to her that you are strong and true. She

understood in time--and now you sit in judgment on my boy, whose mother

learned from yours too late the meaning and the danger of it all.

She saved my other children. I killed my pride for them. _I asked

for money_. The others may be _beggars_ some day--they never will be

thieves.

"That boy has never asked a favor. He simply cannot. His pride was

always stronger than anything--anything except his love for me.

"I knit that in his blood too. I loved him so I made myself a thief for

him. Of course I did not know--I did not understand the awful danger

then; but-- A young mother--I--it is hard to tell it here. You will not

understand--you cannot. Oh, God, for a mother on the jury! A mother on

the bench!"

She caught at her escaping courage again. The officer whose duty it

was to take her away moved forward a second time, and a second time the

judge motioned him back. She had been his mother's friend ever since

he could remember, and the ordinary discipline of the court was not for

her. He would do his duty, he said to himself, but surely there was no

haste. All this was irregular, of course, but if something should come

of it that gave excuse for a new trial no one would be more thankful

than he.

"Young mothers are so ignorant. They know so little of all the things of

which they should know much. They are so helpless. Judge, there will

be criminal courts and prisons--oh, so many of both--just as long as

motherhood is ignorant and helpless and swayed by feeling only. Don't

you know it is ignorance and feeling that leads to crime? If people only

understood! If only they were able to think it out to what it means,

crimes would not be--but they cannot, they cannot! Those trembling

lips you see before you are no more truly a copy of mine--the boy is

as responsible for the set and curve of those lips--as he is for his

hopeless fault. He has stolen from his infancy; but I, not he, am the

thief. Now sentence the real criminal, judge. Courts are to punish the

guilty--not to further curse the helpless victims. I am the criminal

here. Sentence me!"

"Mother! Mother! I never understood my-self before! Oh, mother, mother!"

It was a wild cry from Walter Banks as his mother had risen asking for

sentence on herself. He sprang forward, forgetting everything and took

her in his arms. There was a great stir in the room.

"Silence in the court!"

Mrs. Banks had fainted. Her son helped to carry her into another room.

No one attempted to prevent him. The young prosecutor returned with him

and stood dumb before the court.

"I am ready for sentence, your Honor. I committed the burglary." It was

the voice of the prisoner. He was standing with his arms folded and his

eyes cast down. Silence fell in the room. The women ceased to sob. There

was an uneasy movement in the jury box.

"In view of the new evidence--" began the foreman but the voice of the

judge, slow and steady, filled the room.

"It is the sentence of this court that you, Walter Banks, be confined at

hard labor in the state penitentiary for the term of four years."

The prisoner bowed and turned a shade paler.

"Do not tell mother that until she is better," he said to his attorney

and passed out in the custody of the sheriff.

"And at the end of four years, what!" a lady was saying to the young

prosecutor as the room slowly emptied.

"The brute!" was hurled after the judge by another, as his form vanished

through the door.

"Shows that law is not for the poor alone--"

"Good things for social order and--"

"Well, yes, I'm rather disappointed; but of course a judge can't go

behind the returns."

"Evidence all one way if--"

"Heavens, what a scene!"

"--my opinion no woman should ever be admitted to a court room except as

a prisoner. It--"

"Feather in the cap of the prosecutor."

"--re-election sure enough now."

"Whole thing in a nutshell--"

"Simple question. _Did_ he commit the burglary? If so--"

The young prosecutor hurried away from the sound of these voices and

the congratulations of his political friends. He was mentally sore and

perplexed because he had won his case.

That night he called upon the prisoner for the second time.

"I have made up' my mind to resign my office," he said, not looking at

the convict, who had risen to receive him.

Walter Banks was by far the calmer of the two, but he did not speak.

"I shall never be able to act for the prosecution again. I thought

this case was so clear. My duty seemed so plain--too plain to admit of

anything but the most vigorous course of action; but--"

"You did nothing but your duty, Mathews. We are all victims I

suppose--one way or another. You are going to be the victim of your

sensitive conscience. The result will be a course of vacillation that

will ruin your chances of success. I am sorry. You've got all the

elements for a leader--only you've got a conscience. That settles it. A

bit of heredity like that is as fatal as--as mine." He bit his lips.

"Don't let your part in my case worry you. The game of life has gone

against me. That is all. The dice were loaded before I ever got hold of

them. I did what I could to out-live--out-fight my awful--inheritance.

I wasn't strong enough. It got the best of me. Nature is a terrible

antagonist. Perhaps now that I understand myself better I shall be able

to keep a firmer hold. You did your duty, Mathews; good-by. Be-- Can't

you be a little kind to mother? She suffers so. Her punishment is

double--and her crime was ignorance!"

This time he took the hand that was held out to him.

"Only ignorance," he added. "It seems an awful punishment for that."

"Ignorance--and poverty and love," said the young prosecutor as the

door closed behind him, "and Nature did the rest! What a grip is at

our throats! And how we help blind Nature in her cruel work by laws and

customs and conditions! What a little way we've come from barbarism

yet! How slow we travel. But we are moving," he added with a deep sigh.

"Moving a little. There is light ahead. If not for us, then for those

who come after."

He heard the bolt slip behind him and shuddered.

"It might as easily have been I," he mused as he went down the steps,

and shuddered again.

"I doubt if it was fault of his or virtue of mine that determined which

of us two should be the prosecutor."

A Thoughtless Yes · 第 31 / 50 题