The witnesses had told the truth, but there were some things they did
not know and that did not get into the evidence. The prisoner's wife
was ill from grief and want; their savings of years gone to lawyer's
fees, they were on the verge of starvation. The children were hungry.
With the bells ringing in the glad holiday, they were facing bitter
homelessness in the winter streets, for the rent was in arrears and the
landlord would not wait. And "Papa" away now for the second Christmas,
and maybe for many yet to come! Ten, the lawyer and jury had said: this
was New York, not Italy. In the Tombs the prisoner said it over to
himself, bitterly. He had thought only of defending his own.
So now he stood looking the judge and the jury in the face, yet hardly
seeing them. He saw only the prison gates opening for him, and the gray
walls shutting him out from his wife and little ones for--how many
Christmases was it? One, two, three--he fell to counting them over
mentally and did not hear when his lawyer whispered and nudged him with
his elbow. The clerk repeated his question, but he merely shook his
head. What should he have to say? Had he not said it to these men and
they did not believe him? About little Vito who was lost, and his wife
who cried her eyes out because of the Black Hand letters. He----
There was a step behind him, and a voice he knew spoke. It was the
voice of Ammella, his neighbor, with whom he used to be friends
before--before that day.
"Please, your Honor, let this man go! It is Christmas, and we should
have no unkind thoughts. I have none against Filippo here, and I ask
you to let him go."
It grew very still in the court-room as he spoke and paused for an
answer. Lawyers looked up from their briefs in astonishment. The
jurymen in the box leaned forward and regarded the convicted man and
his victim with rapt attention. Such a plea had not been heard in that
place before. Portoghese stood mute; the voice sounded strange and far
away to him. He felt a hand upon his shoulder that was the hand of a
friend, and shifted his feet uncertainly, but made no response. The
gray-haired judge regarded the two gravely but kindly.
"Your wish comes from a kind heart," he said. "But this man has been
convicted. The law must be obeyed. There is nothing in it that allows
us to let a guilty man go free."
The jurymen whispered together and one of them arose.
"Your Honor," he said, "a higher law than any made by man came into the
world at Christmas--that we love one another. These men would obey it.
Will you not let them? The jury pray as one man that you let mercy go
before justice on this Holy Eve."
Public-domain text, read in full here on John Shaqi.
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