Lydia, with her eyes slanted down to the red carpet at a spot a few feet
from O'Bannon's chair, saw that Miss Bennett turned joyfully to Eleanor,
that Bobby was trying to catch her eye for a congratulatory nod; but she
did not move a muscle until O'Bannon rose and crossed over to the jury.
Her eyes followed him. Then she remembered to turn and give her own
counsel a mechanical smile--a smile such as a nurse gives a clever child
who has just built a fort on the beach which the next wave is certain to
sweep away.
"Gentlemen of the jury," said O'Bannon--and he bit off his words
sharply; indeed, he and Wiley seemed to have changed roles. He who had
been so cool through the trial now showed feeling, a sort of quiet
passion--"this is not a personal contest between the distinguished
counsel for the defense and myself. Neither my youth nor my ambition nor
my alleged ruthlessness are in question. The only question is, does the
evidence show beyond a reasonable doubt that the defendant committed the
crime for which she has been indicted?"
Then without an extra phrase, almost without an adjective, he went on
quickly piling up the evidence against her until it reached its climax
in the proof of the shortness of time that had elapsed between her
leaving Eleanor's and the accident.
"A particularly serious responsibility rests upon you, gentlemen, in
this case. The counsel for the defense seems to assume that the rich
fare less well in our courts of law than the poor. That has not been my
experience. I should be glad as a believer in democracy if I could
believe that justice is more available to the poor than to the rich, but
I cannot. Last month in this very court a boy, younger than the
defendant, who earned his living as a driver of a delivery wagon, was
sentenced to three years in prison for a lesser crime, and on evidence
not one-tenth as convincing as the evidence now before you. A great many
of us felt sorry for that boy, too, but we felt that essential justice
was done. If through sentiment or pity essential justice cannot be done
in this case, if sex, wealth or conspicuous position is a guarantee of
immunity, a blow will be dealt to the respect for law in this country
for which you gentlemen must take the responsibility. If you find by the
evidence that the defendant has committed the crime for which she is
indicted I ask you to face that fact with courage and honesty, and to
bring in a verdict of guilty."
There was a gentle stir in the court. The attendant announced that
anyone who wished to leave the court must do so immediately. No one
would be allowed to move while the judge was charging. No one moved. The
doors were closed, the attendants leaning against them.
Wiley bent over and whispered, "That sort of class appeal doesn't
succeed nowadays. Give yourself no concern."