The midland journal. (Rising Sun, Md.) 1885-1947, 1927-01-28

the cynical look in the eyes Of the
prisoner.
The case ended at last, as even the
greatest of cases must come to an end.
Counsel for both sides had delivered
their speeches. 1t was now his turn
to speak. He was summing up. And
he proceeded with grave elaboration.
He expounded the circumstances of
the crime. Nobody. had made the sug-
gestion that the man might not be
guilty. The facts were proved. He
hammered that in. He told the jury
that they must find verdict according
to the facts-which were proven.
"Have little pity!' cried the pris-
oner's wife, leaping to her feet with
dramatic gesture. "Are you man?
Is your heart carved out of fiint?"
BE silent!" roared the Judge. RE
move that woman from the court
ROOM"
She struggled and shrieked all the
while, and the courtroom was In an
uproar. Every face that met the
judges was hard and condemning. He
noticed that; for an instant there
flashed through his mind the memory
of his wife and little girl. How happy
he was at home Why couldn't they
understand that 1t was just to protect
such homes that law was made?
But what was he thinking? 1t was
in such defense that the prisoner had
committed his action. The judge be-
came confused. He stammered little
when. the court being cleared of the
disturbance, he took up his charge
again.
''The facts are proved" he went on.
'sThe law wisely and rightly demands
life for life. Only in extentuating
circumstances does 1t permit you to
bring in lesser verdict than that Of
murder in the first degree. If you find
that these extentuating circumstances
were of the nature of ignorance of the
nature of the crime, or Of lack of
intent to kill. you may bring in
verdict of manslaughter If you find
that there was no generalization you
may bring in one of murder in the
second degree. But these circum-
stances do not exist. The crime, the
motive are clear"
It was odd how that shrewd, cynical
gaze of the prisoner disturbed him.
He broke off in confusion. And sud-
denly he seemed to sway in his seat.
He remained with mouth open, and
his face was ashen pale.
Two minutes must have elapsed be-
fore he spoke again, and in the mean
time a deepening sense of uneasiness
had settled about the court. The jury,
who had already decided upon YER
dict of manslaughter, waited in polite
impotence. Some thought the Judge
was ILL.,
''The law" he went on, sis quite
clear. Some say that there are deeper
moral laws than human ones, which
we ought to obey. Some claim that
the voice of conscience is stronger
than the enactments of the legislature,
when these conflict. 1t is not for me
to pass upon these statements. We
are all human and fallible, gentlemen
The prisoner was gravely wronged; he
took the same course Of action that
many men would have taken. He took
the course that you and might have
taken-would have taken. I commit
the case to your care, gentlemen, with
the assurance that you will Judge
wisely and rightly"
The newspaper men in the court
room stared at one another and wrote
as fast as their pens would fly. The
judges speech was the sensation Of
the trial. An account of it appeared
a few minutes after the verdict, in
every paper, under some heading Inn
plying that the judge had at last
abandoned his inflexible determine
ton. Judge Parkins Approves I'm
written Law" one heading ran.
His charge had been practically an
instruction to the jury to acquit. 1t
was easy enough to read between the
lines of the half-hearted message. But
apart from the words there was some
thing in the judges manner, the tone,
the gesture that wrought upon all
hearts.
The verdict, "Not Guilty" was re-
turned within ten minutes after the
Judges charge was finished. The pris-
oner left the court free man, his
wife with him, sobbing, surrounded by
the eager jurymen. whom she was try
ing to thank. The judge slipped out
by his private door and made his way
homeward.
The decision of his legal life was
broken. He had come to recognize a
higher law than that upon the statute
book. For he had recognized in the
prisoner the man whom he had
wronged so many years before.
Fishes Keep Vitality