One is often filled with admiration and astonishment at the perfect
working of this mighty engine, the law. Properly adjusted, it rests on
the bedplate of equal rights to all men; is set in motion by the hot
breath of the people--superheated often by popular clamor; is kept safe
by the valve of a grand jury; is governed in its speed by the wise and
prudent Judge, and regulated in its output by a jury of twelve men.
Sometimes in the application of its force this machine, being man-made,
like all machines, and thus without a soul, gets out of order, loosens a
cog or bolt perhaps, throwing the mechanism "out of gear," as it is
called. When this happens, the engine resting on its bed-plate still
keeps its foundation, but some lesser part, the loom or lathe or
driving-wheel, which is another way of saying the arrest, the trial or
the conviction, goes awry. Sometimes the power-belt is purposely thrown
off, the machinery stopped, and a consultation takes place, resulting in
a disagreement or a new trial. When the machine is started again, it is
started more carefully, with the first experience remembered. Sometimes
the rightful material--the criminal, or the material from which the
criminal is made--to feed this loom or lathe or driving-wheel, is
replaced by some unsuitable material like the girl whose hair became
entangled in a flying-belt and whose body was snatched up and whirled
mercilessly about. Only then is the engine working on its bed-plate
brought to a standstill. The steam of the boiler, the breath of the
people, keeps up, but it is withheld from the engine until the mistake
can be rectified and the girl rescued. The law of mercy, the divine law,
now asserts itself. This law, being the law of God, is higher than the
law of man. Some of those who believe in the man-law and who stand over
the mangled body of the victim, or who sit beside her bed, bringing her
slowly back to life, affirm that the girl was careless and deserved her
fate. Others, who believe in the God-law, maintain that the engine is
run not to kill but to protect, not to maim but to educate, and that the
fault lies in the wrong application of the force, not in the
force itself.
So it was with this old man. Eleven months and ten days before this day
of his second trial (eleven months and three days when I first saw him),
a flying-belt set in motion up in his own mountain-home had caught and
crushed him. To-day he was still in the maw of the machinery, his
courage gone, his spirit broken, his heart torn. The group about his
body, not being a sympathetic group, were insisting that the engine
could do no wrong; that the victim was not a victim at all, but lawful
material to be ground up. This theory was sustained by the District
Attorney. Every day he must have fresh materials. The engine must run.
The machinery must be fed.
And his record?
Ah, how often is this so in the law!--his record must be kept good.
* * * * *
Public-domain text, read in full here on John Shaqi.
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