Others of Harold's companions were brow-beaten into declaring that he
led them into all kinds of raids, and when Talcott tried to stem this
tide by objection, the prosecution rose to say that the testimony was
competent; that it was designed to show the dangerous character of the
prisoner. "He is no gentle and guileless youth, y'r Honor, but a
reckless young devil, given to violence. No one will go further than I
in admiration of the Reverend Mr. Excell, but the fact of the son's
lawless life can not be gainsaid."
Slocum repeated his story on the stand and was unshaken by Bradley's
cross-examination. Suddenly the defense said: "Stand, please."
Slocum arose--a powerful, full-grown man.
Bradley nodded at Harold. "Stand also."
"I object," shrieked the prosecution.
"State the objection," said the judge.
"Keep your position," said Bradley sternly. "I want the jury to compare
you."
As the prisoner and the witness faced each other the court room
blossomed with smiles. Harold looked very pale and delicate beside the
coarse, muscular hostler, who turned red and looked foolish.
Ultimately the judge sustained the objection, but the work was done. A
dramatic contrast had been drawn, and the jury perceived the
pusillanimity of Slocum's story. This was the position of the defense.
Harold was a boy, the hostler had insulted him, had indeed struck him
with a whip. Mad with rage, and realizing the greater strength of his
assailant, the prisoner had drawn a knife.
In rebuttal, the prosecution made much of Harold's fierce words. He
meant to kill. He was a dangerous boy. "Speaking with due reverence for
his parents," the lawyer said, "the boy has been a scourge. Again and
again he has threatened his playmates with death. These facts must
stand. The State is willing to admit the disparity of strength, so
artfully set forth by the defense, but it must not be forgotten that the
boy was known to carry deadly weapons, and that he was subject to blind
rages. It was not, therefore, so much a question of punishing the boy as
of checking his assaults upon society. To properly punish him here would
have a most salutary effect upon his action in future. The jury must
consider the case without sentiment."
Old Brown arose after the State had finished. Everyone knew his power
before a jury, and the room was painfully silent as he walked with
stately tread to a spittoon and cleared his mouth of a big wad of
tobacco. He was the old-fashioned lawyer, formal, deliberate; and though
everybody enjoyed Bradley Talcott's powerful speech, they looked for
drama from Brown. The judge waited patiently while the famous old lawyer
played his introductory part. At last, after silently pacing to and fro
for a full minute, he turned, and began in a hard, dry, nasal voice.
Public-domain text, read in full here on John Shaqi.
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