Ireland -- Social life and customs -- Fiction; Short stories, Irish
"It is hardly regular, at this period, Mr. Donegan," the judge said,
puzzled. "Surely you will have an opportunity later on."
"The opportunity is opportune only now." Like some strange gargoyle in
an old cathedral the great animal appeared. His eyes, under their
threatening hoods, were black and beady like the eyes of some
malevolent creature of the jungle. His mouth, a wide, thin slit,
pouted like the mouth of a fish. His sedentary body was massive and
grotesque like some monster of a mad artist's drawing. His voice
creaked like unoiled machinery. But--God!--what power was there!
"Your Honor, men of the jury, and Mr. District Attorney, at any point I
could have obstructed the course of this trial until all of you were
weary in your chairs. I could have obfuscated facts and motives and
testimony until you were as uncertain of truth as Pilate. The woman
Wilkins--I could have shown that her word was no more to be depended on
than the word of the village idiot. Mr. Howland Christy, De Vries's
relative--I could have shaken him on the stand until he would have been
uncertain of his testimony, for he is an honest man. And the usher of
the cabaret--if I had concentrated on him, I could have made that
whisky-sodden brain, that broken will, contradict everything he had
said.
"But I did none of these things. I made no haze of doubt out of honest
facts. For why? Because these facts are true. I grant them freely!"
There were a rustle and a murmur in the room. The public was suddenly
aghast. What was this from Donegan? Treachery? Who ever heard of a
counsel granting things like that? Good Lord! what was the man doing?
The murmuring went on in spite of the judge's gavel, the attendants'
cries.
Donegan swept the room with his black, minatory glance, and the
murmuring died.
"Your Honor, Mr. District Attorney, men of the jury, a crime is not an
instantaneous action. What goes before a crime is important, and not
less important is what follows it. Has the affair been brooded over,
or has it been the result of momentary passion, and has the deed been
regarded with smug satisfaction, or with quaking horror?
"And what effect has this had on the prisoner, on the world, on its
time? So many things have to be taken into consideration when we are
adjudging the crime.
"Gentlemen, the law and legal procedure are as easy to comprehend as a
child's primer. The office of the district attorney is to see that a
malefactor is brought to justice. The office of the jury is to decide
whether that action was or was not done. The object of the judge is to
weigh, decide, and in the name of the people say what shall be done
with a member of the community who has hurt the interests of the
community by his or her action. The duty of the counsel for the
prisoner is to see that his client is not traduced by false witnesses,
nor his or her liberty endangered by unfacts.
Public-domain text, read in full here on John Shaqi.
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