The midland journal. (Rising Sun, Md.) 1885-1947, 1927-01-28
THE
UNWRITTEN
LAW
BY BASIL T. ANDREWS
tcopyrieht. BY ". G. Chapman,

- sci of the Juror.
The judge raped his
gavel upon his desk. 'There is no un-
written law except the common law"
he announced, land the juror will take
his law from the court, not from his
conscience. The duty of the Juror is
to bring in verdict upon the facts.
II a man shoots another it is murder
or manslaughter."
The counsel bowed, the juror sat
down in the box, accepted. Only the
prisoner eyed the judge and smiled
cynically. Hardened as he was to his
duty, the Judge felt disconnected by
stfe prisoners gaze.
The case was simple one. The
prisoner had shot the man who ran
away with his wife. He was willing
to take the woman back, and she had
already created scene in the court
room. But the judge was .stickler
for law, and everyone knew that, if
he could help 1t, the universal senti-
inent in favor Of the man should not
permit the jury to bring in any lesser
verdict than murder in the second de-
gree.
The judge went home that night, to
be greeted by, his smiling wife and
little girl. The judges home life was
exemplary. Nobody dreamed Of the
judges past, least of all the woman
who shared his home.
Until the age of twenty-five the
judges life had been anything but
exemplary. He had run away from
home, loafed and generally been "a
good fellow" What a singular phrase!
However, there had been good at the
bottom, and at twenty-five somehow
the judge changed. Perhaps the
change had been working in him for
years, subconsciously. At any rate,
he threw off the old life, settled down,
studied law, became a famous lawyer
and was nominated to the bench amid
universal approval.
1t must be confessed that the Judge
was not greatly troubled about his
past. He thought that it was the aver
age past Of young man. He had
never been in prison, he had never
stolen. The thing that sometimes
caused him bitter regret was an event
which had happened when he was four
and twenty-in fact, it Lad been the
reaction from this which was the de-
termining factor in his life
He had wronged one Of his boon
companions. The mans wife, who had
poor reputation, had become infatu-
ated with the young fellow, and they
had gone away together. They sepa-
rated week later. She had spoken
of a divorce and asked him to marry
her; but somehow the judge found
that he was of finer caliber than he
had thought. They separated, and he
never saw the woman or her husband
again. Years later, however, he heard
that she had died.
It troubled him, but after all man
must live down his past and not brood
over 1t. The judge was an exemplary
husband and father. His little daugh-
ter ran to kiss him ne folded his wife
In his arms.
"What will they do with that poor
fellow Symons?'' asked his wife later
that evening.
IF I had my way" answered the
judge, The would go to the electric
chair. / don't think there is much
chance of that, however. Second-de-
gree murder, If / can swing it."
1.-THE papers think he will be ac-
Quilted Fl
"That depends on whether the jury
are honest men or sentimental FOOLS"
But, my dear, he shot the man who
had run away with his wife. Surely
that is not crime that deserves Sc
we're punishment
Il do not think it Does" answered
the judge. my function, however, is
not to pass upon the abstract right or
wrong of a. case, but simply to admin
lister the law. What that law may be,
is laid down by the legislature / aim
to keep my court an honest one, and
to fulfill the law scrupulously."
His wife said no more. She knew
her husbands feelings in the matter.
and, while not sympathizing. recog-
nized his integrity.
On the next day there was another
painful scene In court. The wife of
the prisoner stood up at the back of
the courtroom and interrupted coun-
sci.
II was guiltyl" she cried. HE did
right. Let him go. Judge! Why can't
you let him goT'
BE silent. womanw thundcred the
judge.
4 win not be silent. II love him.
was crazy when / did what / did.
Let him got"
An officer of the court succeeded
with difficulty in silencing her. The
sound of her hysterical weeping filed
the courtroom. The judge scowled.
The case had already attracted unenvi-
able notoriety. The newspapers were
Ifull of II He was roceivinp critieiSrn