"Yo' must accept our excuses, Mr. Keith, but this is a mattah on which
we feel strongly. Our indignation was naturally not directed against
yo', suh."
But Judge Girvin, ponderous, formal, dignified, was making a
pronouncement.
"Undoubtedly, young sir," he rolled forth at Keith, "undoubtedly a
great many scoundrels were cleared from the city at that time. That no
one would have the temerity to deny. But you, sir, as a lawyer, realize
with us that even pure and equitable justice without due process of law
is against the interests of society as a coherent whole. Infringement
of law, even for a good purpose, invariably brings about ultimate
contempt, for all law. In the absence of regularly constituted
tribunals, as in a primitive society--such as that prior to the
Constitutional Convention of September, 1849--it may become necessary
that informal plebiscites be countenanced. But in the presence of
regularly constituted and appointed tribunals, extra-legal functions
are not to be undertaken by the chance comer. If defects occur in the
administration of the law, the remedy is in the hand of the public. The
voter----" he went on at length, elaborating the legal view. Everybody
listened with respect and approval until he had finished. But then up
spoke Judge Caldwell, the round, shining, perspiring, untidy, jovial,
Silenus-like jurist with the blunt fingers.
"We all agree with you theoretically, Judge," said he. "What these
other fellows object to, I imagine, is that the law has such a hell of
a hang fire to it."
Judge Girvin's eyes flashed, and he tossed back his white mane. "The
due forms of the law are our heritage from the ages!" he thundered
back. "The so-called delays and technicalities are the checks devised
by human experience against the rash judgments and rasher actions by
the volatile element of society! They are the safeguards, the bulwarks
of society! It is better that a hundred guilty men escape than that one
innocent man should suffer!"
The old judge was magnificent, his eyes alight, his nostrils expanded,
his head reared back defiantly, all the great power of his magnetism
and his authority brought to bear. Keith was thrilled. He considered
that the discussion had been lifted to a high moral plane.
By rights Judge Caldwell should have been crushed, but he seemed
undisturbed.
"Well," he remarked comfortably, "on that low average we must have
quite a few innocent men among us after all."
"What do you mean, sir?" demanded Judge Girvin, halted in mid career
and not catching the allusion.
"Surely, Judge, you don't mean to imply that you endorse Coleman and
his gang?" put in Calhoun Bennett courteously but incredulously.
"Endorse them? Certainly not!" disclaimed Caldwell. "I need my job," he
added with a chuckle.
Bennett tossed back his hair, and a faint disgust appeared in his dark
eyes, but he said nothing more. Caldwell lit a cigar with pudgy fingers.
Public-domain text, read in full here on John Shaqi.
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