On taking his seat, he was vaguely conscious of a bank of faces, tier
above tier, at the back of the courtroom. Before him some fifteen or
twenty officials, reporters, and lawyers lolled at their tables, walked
about, yawned, picked their teeth, or told anecdotes that raised a
smothered laugh. Most of them struck him as untidily dressed; few looked
intelligent. Among them a portly man, whom he afterward saw as the
district attorney, in a cutaway coat, with a line of piqué at the
opening of his waistcoat, seemed like a person in fancy costume.
Everyone paused as he entered the cage, but, a glance having satisfied
their curiosity, they paid him no further attention.
The trial lasted three days, passing before his eyes like a
motion-picture film of which he was only a spectator. Try as he would,
he found it hard to believe that the proceedings had anything to do with
him. "All this fuss," he would comment to himself, grimly, "to get the
right to kill a man." The strain of being under so many cruel or
indifferent eyes sent him back with relief to his cell, where during the
nights he slept soundly.
His one bit of surprise came from Stenhouse’s final argument in his
defense. Up to that point, both defense and prosecution had struck him
as more or less silly. The state had tried to prove him a desperado whom
it was dangerous to let live; the defense had done its best to show him
a youth of arrested intelligence, not responsible for his acts. He
grinned inwardly when Jennie, Gussie, and half a dozen of his old chums
testified to foolish pranks, forgotten or half forgotten by himself, in
the hope of convincing the court that he had never had the normal sense.
But Stenhouse in his concluding speech transcended all that, taking
Teddy’s own stand as the only one which offered the ghost of a chance of
acquittal. He began his final appeal quietly, in a tone little more than
colloquial.
"There’s an old saying, a variant on something said by Benjamin
Franklin, which we might remember oftener than we do. It’s terse, pithy,
humorous, wise. Some one has called it the finest bit of free verse
composed in the eighteenth century. Listen to it. ’_It is hard to make
an empty sack stand upright._' So it is. The empty sack collapses of its
own accord. It can’t do anything but collapse. It was not meant to stand
upright. To demand that it shall stand upright is to insist on the
impossible. A full sack will stand as solid as a tree. A group of full
sacks will support one another. Put the empty sack among them and from
the very law of gravitation it will go down helplessly. Now, gentlemen
of the jury, you’re being asked to bring in a verdict against the empty
sack—the sack that’s been carefully kept empty—because it hasn’t the
strength and stability of that which all the coffers of the country have
combined to fill."
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account