Criminals -- Fiction; Social problems -- Fiction; United States -- Social conditions -- 1865-1918 -- Fiction
"One moment, Mr. Quinn," said Eades, with an effect of quieting Marriott
as much as of staying Quinn. Marriott had risen and was leaning over the
table. Eades hesitated, realizing that the question on his lips would
precipitate one of the great conflicts of the trial. He was in grave
doubt of the propriety of this question; he had been considering it for
weeks, not only in its legal but in its moral aspect. He had been
unable to convince himself that Archie had been concerned in the murder
of Margaret Flanagan; he had been uncertain of his ability to show
premeditation in the killing of Kouka. He knew that he could not
legally convict Archie of murdering the woman, and he knew he could not
convict him of murdering the detective unless he took advantage of the
feeling that had been aroused by the Flanagan tragedy. Furthermore, if
he failed to convict Archie, the public would not understand, but would
doubt and criticize him, and his reputation would suffer. And he
hesitated, afraid of his case, afraid of himself. The moments were
flying, a change even then was taking place, a subtle doubt was being
instilled in the minds of the crowd, of the jurymen even. He hesitated
another moment, and then to justify himself in his own mind, he said:
"Mr. Quinn, don’t answer the question I am about to ask until the court
tells you to do so." He paused, and then: "I’ll ask you, Mr. Quinn, to
tell the jury when you first heard the report of the murder of Margaret
Flanagan."
"Object!"
Marriott sprang to his feet, his eyes blazing, his figure tense with
protest.
"I object! We might as well fight this thing out right here."
"What is your objection?" asked Glassford.
"Just this, your Honor," Marriott replied. "The question, if allowed,
would involve another homicide, for which this defendant is not on
trial. It is not competent at this stage of the case to show
specifically or generally other offenses with which this defendant has
been charged or of which he is suspected. It would be competent, if
ever, only as showing reputation, and the reputation of the defendant
has not yet been put in evidence. Further, if answered in its present
form, the evidence would be hearsay."
Eades had been idly turning a lead-pencil end for end on the table, and
now with a smile he slowly got to his feet.
"If the Court please," he began, "Mr. Marriott evidently does not
understand; we are not seeking to show the defendant’s reputation, or
that he is charged with or suspected of any other crime. What we are
trying to show is that these officers, Detective Quinn and the deceased,
were merely performing a duty when they attempted to arrest Koerner,
that they were acting under orders. What we offer to show is this:
Margaret Flanagan had been murdered and the officers had reasonable
grounds to believe that Koerner--"
Public-domain text, read in full here on John Shaqi.
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