The police judge cleared his throat. "It appears obvious to the Court,"
he ruled, "that a man of General Prince's high character did not intend
to threaten or hamper an officer in the proper performance of his sworn
duty. But these gentlemen in the heat and passion of political fervour
seem to have assumed--unintentionally, perhaps--a somewhat high-handed
and domineering attitude. It would be manifestly unjust to exact of a
mere patrolman a superior temperateness of judgment. Let the case be
dismissed."
But when Boone was called to the dock, the magistrate eyed him severely
not through, but over, his glasses, putting into that silent scrutiny
the stern disapproval of a man looking down his nose.
"I find three charges against this defendant," he announced. "The first
is shooting and wounding; the second, carrying concealed a deadly
weapon, and the third, interference with an officer in the discharge of
his duty."
The wounding of the flying squadron's leader was a matter for the
future, since the victim of the bullet lay in a hospital, and that case
had already been continued under a heavy bond. After hearing the
evidence on the other accusations, the judge again cleared his throat.
"The 'pistol-toter' is a constant menace to the peace of the community,
and there seems to be no doubt of guilt in the present case--but since
the defendant has recently come from a section of the State which
condones that offence, the Court is inclined to be lenient. The
resistance to the officer was also a grave and inexcusable matter, but
because of the character testimony given by General Prince and Colonel
Wallifarro, I am going to give him the benefit of the doubt. I will, on
my own motion, amend these charges to disorderly conduct. Mr. Clerk,
enter a fine of $19 and a bond of $1,000 for a year."
Morgan Wallifarro was, at once, on his feet.
"May it please your Honour, such a punishment is either much too severe
or much too lenient. I move, your Honour, to increase the fine."
"Motion overruled," came the laconic judgment. "Mr. Clerk, call the next
case."
"Your Honour has fixed a punishment," protested Colonel Wallifarro's son
with a deliberately challenging note in his voice, "which is the highest
fine in your power to inflict without opening to us the door of appeal.
Had you added one dollar, we could have carried it to the Circuit
Court--and we believe that it was only for the purpose of denying us
that right that you amended the charges. In the court of public opinion,
before which even judges must stand judgment, I shall endeavour to make
that unequivocally clear."
"Fine Mr. Wallifarro twenty dollars for contempt of Court!" This time
the voice from the bench rasped truculently, forgetting its suavity.
"And commit him to jail for twenty-four hours."
Public-domain text, read in full here on John Shaqi.
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