Amnesiacs -- Fiction; New York (State) -- Social life and customs -- Fiction; Trials -- Fiction; Young women -- Fiction
Terry's head lifted, looking at him curiously. The young fellow
remembered revelations, tears, of one night in particular when Watts
had stayed with him until dawn came and his hysteria was over. The boy
wondered what his friend would reveal of this. But the great lawyer
went calmly on with unemotional emphasis to state that he had found the
criminal's mind vague, perhaps not properly educated, unformed and in
ignorance of the many physical facts that at his age induce crime.
"And we know," remarked the speaker calmly, "that there is an age in
young manhood when a youth is hardly responsible. The law, I feel,
should invariably in its adjustments reckon with the physiological fact
of that age. He had," he said, "talked with the prisoner as he would
have liked to be given the wisdom at crises to talk to a son of his
own, and as"--here the man looked about the court-room into the rows of
dull and complacent faces--"it seems to me it is absolutely incumbent
on all of us to talk to sons and daughters of our own frankly, giving
them truth and the clear analysis of all that makes in our bodies and
environment and heritage for crime; for sins against ourselves and the
body politic."
The lawyer then reviewed some mitigating circumstances, touched
lightly on some of the more interesting technical aspects of the case
and addressed the jury on behalf of the commutation of the sentence.
Finally, with curious simple tenderness, a thing that the court-room
did not understand, at which Judge Bogart looked displeased and drummed
impatiently with his fingers, at which the country lawyers openly
squirmed and yawned, but at which Dora sat tense and straight, and
Terry's young head went down into his arms, he finished.
"If, Gentlemen of the Jury, you should still feel that you must bring
in the verdict of intentional and deliberate guilt, then I appeal,
your Honor, for the commutation of sentence. I appeal in the name of
Humanity, of struggling, sinning, ignorant Humanity, and by that new
spirit which makes us disbelieve nowadays in the 'pound of flesh.'
I appeal, your Honor, by my own youth's ignorance, its mistakes and
struggles and by the ignorances and mistakes and struggles of those
I have tried to help; by yours, Gentlemen of the Jury, who take your
solemn part in the decision after the trial. I appeal to Terence
O'Brien, the accused, to take your decision, whatever it may be, and
apply it as a test of his own character and what he may still make of
that character; and I appeal to his sister, sitting there, to make
her grief and sorrow noble, a test by which she may grow stronger and
braver.
Public-domain text, read in full here on John Shaqi.
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