Tall, erect, dignified, Carter stood waiting for just the moment of
time necessary to have fixed upon him every eye in the court room.
Then, turning to the judge, he bowed. "May it please your Honor," he
said respectfully, and then turned squarely face to face with the
twelve jurymen.
"Mr. Foreman and gentlemen of the jury," he began, his tone earnest
but agreeably informal and conversational, "before the brief summing
up which I wish to make, there are two preliminary matters of which in
a word I desire to dispose. First, I wish to compliment the members of
the jury on the careful and conscientious manner in which they have
listened now for three long days to the evidence in the case before
them. I wish to say that I, for one, thoroughly appreciate the way in
which they have attended to this branch of their duty, and I wish
further to say that I shall leave the decision in this case to them
with the greatest possible willingness and confidence, and that the
summing up which it now becomes my duty to make will, in justice to
them, be as brief as is possibly consistent with the grave importance
of the issue involved.
"And secondly, I wish to say a word concerning the unfair prejudice--a
prejudice, while in a way perfectly natural, still, as I say,
distinctly unfair--which exists in the minds of many persons against
the prosecuting officer in a case like the present. One who occupies a
position such as mine, in a capital case where public interest is
thoroughly aroused and public sentiment runs high, is not
infrequently, as he brings forward evidence and argument to show that
one of his fellow-beings should properly be condemned to death,
regarded with a feeling akin to horror. In the ten years during which
I have filled the office of district attorney for the county of
Seneca, I have had the real sorrow of hearing myself referred to as a
butcher, as a murderer, as a man who has delighted in his
opportunities of sending unfortunates to the gallows. Now, Mr. Foreman
and gentlemen of the jury, not so much in justice to myself, although
that, too, is perhaps a perfectly natural desire, but rather in
justice to the high and worthy office which I have the honor to hold,
I wish it to be perfectly clear to you gentlemen that neither I nor
any other prosecuting officer with a vestige of proper feeling and
regard for the rights of mankind ever enters upon the conduct of a
case like the present with any feeling other than a most earnest
desire to see justice, absolute and final, done. If the accused in
this case, after the hearing of the evidence and the arguments on
either side, shall, upon the verdict of twelve good men and true, go
forth again under God's pure sunlight, a free man, none will rejoice
for him more heartily than I; if, on the other hand, you shall be
satisfied that the accused is guilty of the crime with which he stands
charged, and if upon your verdict he shall be sentenced to death,
Public-domain text, read in full here on John Shaqi.
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