The prisoner remained, with that nervous twisting of his fingers, eying
the judge with his vague smile, as if he could not realize what had
befallen. He did not sit down till the next culprit rose and stood near
him. Then a sort of fatal change passed over his face. It looked like
despair. I confess that I had not much heart for his successor. I was
sick, thinking how, so far as this world was concerned, this wretch
had been sent to hell; for the House of Correction is not a purgatory
even, out of which one can hopefully undertake to pray periculant
spirits. To be sure, the police court is not a cure of souls; and
doubtless his doom was as light as the law allowed. But I could have
wished that the judge had distrusted his memory, or taken on his
conscience the merciful sin of ignoring it. He seemed very patient,
and I do not question but he acted according to light and knowledge.
This may have been a hopeless thief. But it was nevertheless a terrible
fate. The chances were a thousand against one that he should hereafter
be anything but a thief, if he were not worse. After all, when one
thinks of what the consequences of justice are, one doubts if there
is any justice in it. Perhaps the thing we call mercy is the divine
conception of justice.
VI.
It was a thief again who was on the stage; but not a thief like that
other, who, for all the reality there was in the spectacle, might have
gone behind the scenes and washed the chalk off his white face. This
thief was of the kind whose fortunes the old naturalistic novelists
were fond of following in fictions of autobiographic form, and who
sometimes actually wrote their own histories; a conventional thief,
of those dear to De Foe and the Spanish picaresque romancers, with
a flavor of good literature about him. Nothing could have been more
classic in incident than the story of the plaintiff, an honest-looking
young fellow, who testified that he had met the prisoner on the street,
and, learning that he was out of work and out of money, had taken him
home to his room and shared his bed with him. I do not know in just
what calling this primitive and trustful hospitality is practiced;
the plaintiff looked and was dressed like a workingman. His strange
bedfellow proved an early riser; he stole away without disturbing
his host, and carried with him all the money that was in his host’s
pockets. By an odd turn of luck the two encountered shortly after
breakfast, and the prisoner ran. The plaintiff followed, but the other
eluded him, and was again sauntering about in safety, when the eye of a
third actor in the drama fell upon him. This was a young man who kept
some sort of small shop, and who was called to the witness-stand in
behalf of the prosecution. He was as stupid as he could well be in some
respects, and very simple questions had to be repeated several times to
him. Yet he had the ferret-like instinct of the thief-catcher, and he
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