Criminals -- Fiction; Social problems -- Fiction; United States -- Social conditions -- 1865-1918 -- Fiction
The next morning Glassford announced his decision. It was to the effect
that the State would be permitted to show only that a felony had been
committed, and that the officers had had grounds for believing that
Archie had committed it; but as to details of that murder, or whether
Archie had committed it, or who had committed it--that should all be
excluded. This was looked upon as a victory for the defense, and, at
Marriott’s request, Glassford told the jurors that they were not to
consider anything that had been said about the Flanagan murder or
Archie’s connection with it. All this, he told them, they were to
dismiss from their minds and not to be influenced by it in the least.
The jurymen paid Glassford an exaggerated, almost servile attention, and
when he had done, several of them nodded. And all were glad that they
were to hear nothing more of the Flanagan murder, for, during the long
hours of their exclusion from the court-room, they had talked of nothing
but the Flanagan murder, had recalled all of its details, and argued and
disputed about it, until they had tired of it, and then had gone on to
recall other murders that had been committed in the county, and finally,
other murders of which they had heard and read.
Quinn, in telling again the story the jurors had heard so many times in
court, and had read in the newspapers, frequently referred to the
Flanagan murder, until Marriott wearied of the effort to prevent him.
He knew that it was useless to cross-examine Quinn, useless to attempt
to impress on the crystallized minds of the jurymen the facts as they
had occurred. The jurymen were not listening; they were looking at the
ceiling, or leaning their heads on their hands, enduring the proceedings
as patiently as they could, as patiently as Eades or Quinn or Glassford.
And Marriott reflected on the inadequacy of every means of communication
between human beings. How was he to make them understand? How was he
to get them to assume, if for an instant only, his point of view? Here
they were in a court of justice, an institution that had been evolved,
by the pressure of economic and social forces, through slow, toiling
ages; the witnesses were sworn to tell "the truth, the whole truth, and
nothing but the truth," and yet, such was man’s puerility and impotence,
such was the imperfection of his means of conveying ideas, that the
whole truth could not possibly be told--a thousand elements and
incidents must be omitted; the moods, for instance, of Archie when he
talked to Quinn or to Kouka, the expressions on their faces, the light
in their eyes, indications far more potent than mere words, words that
might be lightly, trivially, innocently spoken one day and under one set
of circumstances, but which, on some other day and under other
circumstances, would take on a terrible, blasting, tragic significance.
Above all, that intangible thing, the atmosphere of the occasion--this
Public-domain text, read in full here on John Shaqi.
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