* * * * *
Danny Lowry had lived for years in fear of the blow which had so
suddenly struck him down, for there had never been any blinking of the
obvious fact that in acting as an unlicensed veterinary he was brazenly
violating the law. On the other hand, not being able to read or write,
and having no technical knowledge of medicine, all his experience, all
his skill, all his love of animals could avail him nothing so far as
securing a license was concerned. He could not read an examination
paper, but he could interpret the symptoms seen in a trembling neck and
a lack-luster eye. Danny had no choice but to break the law or abandon
the only career for which he had an aptitude, or by which he could hope
to earn a living at his age. His crime was _malum prohibitum_, not
_malum in se_, but it was, nevertheless, a violation of a most necessary
law. Certainly none of us wish to be doctored by tyros or humbugs, or to
have our animals treated by them. Only Danny was neither a tyro nor a
humbug, and had he not been a lawbreaker the world would have been to
some extent the loser.
Yet by all the canons of ethics and justice it was most improper for Mr.
Tutt to hurry off to the Tombs and bail out old Danny Lowry, a
self-confessed lawbreaker, giving his own bond and the house on
Twenty-third Street as security. Still more so, as more unblushingly
ostentatious, was his taking the criminal over to Pont's and giving him
the very best dinner that Signor Faccini, proprietor of that celebrated
hostelry, could purvey.
Hard cases are said to make bad law; I wonder if they make bad people.
If "conscience makes cowards of us all" does human sympathy play ducks
and drakes with conscience? Does it blind the eye of reason? Rather,
does it not illumine and expose the fallacies of logic and the falsities
of the syllogism? Do two and two make four in human polity as in
mathematics? Sometimes it would not seem so.
Certainly you would have picked Mr. Bently Gibson, of The Gibson Woolen
Mills, as a model juror. One look at him as a prospective talesman in a
murder case and you would have unhesitatingly murmured, "The defense
challenges peremptorily!" His broad forehead, large well-shaped nose,
firm chin and clear calm eye evidenced his common sense, his
conscientiousness and his uncompromising adherence to principle. His
customs declarations were complete to the smallest item, his income-tax
returns models of self-sacrifice, he was patriotic and civic, he
belonged to the Welfare League and the Citizens' Union, and--I hesitate
to confess it--he subscribed to the annual deficit of the Society for
the Suppression of Sin. On the face of it, he was the kind of man the
district attorney tries to select as foreman of a jury when he has to
prosecute a woman who had kidnaped her own child out of a foundling
asylum.
Public-domain text, read in full here on John Shaqi.
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