When the trial came on I pitied him more, for he was always quick to
lose his temper, and made a personal matter of each lost cause. Raines's
young barrister had for once put aside his unslaked and Welling passion
for alibis and insanity, had forsworn gymnastics and fireworks, and
worked soberly for his client. Mercifully the hot weather was yet young,
and there had been no flagrant cases of barrack-shootings up to the
time; and the jury was a good one, even for an Indian jury, where nine
men out of every twelve are accustomed to weighing evidence. Ortheris
stood firm and was not shaken by any cross-examination. The one weak
point in his tale--the presence of his rifle in the outer verandah--went
unchallenged by civilian wisdom, though some of the witnesses could not
help smiling. The Government Advocate called for the rope; contending
throughout that the murder had been a deliberate one. Time had passed,
he argued, for that reflection which comes so naturally to a man whose
honour is lost. There was also the Law, ever ready and anxious to right
the wrongs of the common soldier if, in deed, wrong had been done. But
he doubted much whether there had been any sufficient wrong. Causeless
suspicion over-long brooded upon had led, by his theory, to deliberate
crime. But his attempts to minimise the motive failed. The most
disconnected witness knew--had known for weeks--the causes of offence,
and the prisoner, who naturally was the last of all to know, groaned
in the dock while he listened. The one question that the trial circled
round was whether Raines had fired under sudden and blinding provocation
given that very morning, and in the summing up it was clear that
Ortheris's evidence told. He had contrived, most artistically, to
suggest that he personally hated the Sergeant, who had come into the
verandah to give him a talking to for insubordination. In a weak moment
the Government Advocate asked one question too many, “Beggin' your
pardon, sir,” Ortheris replied, “'e was callin' me a dam' impudent
little lawyer.” The Court shook. The jury brought it in a killing, but
with every provocation and extenuation known to God or man, and the
Judge put his hand to his brow before giving sentence, and the Adam's
apple in the prisoner's throat went up and down mercury-pumping before a
cyclone.
In consideration of all considerations, from his Commanding Officer's
certificate of good conduct to the sure loss of pension, service,
and honour, the prisoner would get two years, to be served in India,
and--there need be no demonstration in Court. The Government Advocate
scowled and picked up his papers; the guard wheeled with a clash, and
the prisoner was relaxed to the Secular Arm, and driven to the jail in a
broken-down ticca-gharri.
Public-domain text, read in full here on John Shaqi.
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