And now, the advocate for the defence went on, it lay with the court
to determine what measure of guilt could properly be attributed to the
girl Barbro in the matter. There was but little remaining for which
she could be blamed at all--indeed, in his, counsel's, opinion, there
was nothing. Unless the court found reason to convict on the charge
of having failed to notify the death. But here, again--the child was
dead, and nothing could alter that; the place was far out in the
wilds, many miles from either priest or Lensmand; natural enough,
surely, to let it sleep the eternal sleep in a neat grave in the
woods. And if it were a crime to have buried it thus, then the accused
was not more guilty than the father of the child--as it was, the
misdemeanour was surely slight enough to be overlooked. Modern
practice was growing more and more disposed to lay more stress
on reforming the criminal than on punishing the crime. It was an
antiquated system which sought to inflict punishment for every mortal
thing--it was the _lex talionis_ of the Old Testament, an eye for an
eye and a tooth for a tooth. There was no longer the spirit of the law
in modern times. The law of the present day was more humane, seeking
to adjust itself according to the degree of criminal intent and
purpose displayed in each case.
No! The court could never convict this girl. It was not the object of
a trial to secure an addition to the number of criminals, but rather
to restore to society a good and useful member. It should be noted
that the accused had now the prospect of a new position where she
would be under the best possible supervision. Fru Lensmand Heyerdahl
had, from her intimate knowledge of the girl, and from her own
valuable experience as a mother, thrown wide the doors of her own home
to the girl; the court would bear in mind the weight of responsibility
attaching to its decision here, and would then convict or acquit the
accused. Finally, he wished to express his thanks to the learned
counsel for the prosecution, who had generously refrained from
demanding a conviction--a pleasing evidence of deep and humane
understanding.
The advocate for the defence sat down.
The remainder of the proceedings did not take long. The summing up was
but a repetition of the same points, as viewed from opposite sides, a
brief synopsis of the action of the play, dry, dull, and dignified. It
had all been managed very satisfactorily all round; both the advocates
had pointed out what the court should consider, and the presiding
justice found his task easy enough.
Public-domain text, read in full here on John Shaqi.
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