Part 58 (2/2)
She found herself with child by this man. The learned counsel for the prosecution had already referred--in the most delicate and considerate manner, be it said--to the question of concealment of birth. Had Barbro attempted to conceal her condition; had she denied being with child? The two witnesses, girls from her own village, had been of opinion that she was in that condition; but when they had asked her, she had not denied it at all, she had merely pa.s.sed the matter off.
What would a young girl naturally do in such a case but pa.s.s it off?
No one else had asked her about it at all. Go to her mistress and confess? She had no mistress; she was mistress on the place herself.
She had a master, certainly, but a girl could not be expected to confide in a man upon such a matter; she bears her cross herself; does not sing, does not whisper, but is silent as a Trappist. Concealment?
No, but she kept herself to herself.
The child is born--a sound and healthy boy; had lived and breathed after birth, but had been suffocated. The court had been made aware of the circ.u.mstances attending this birth: it had taken place in the water; the mother falls into the stream, and the child is born, but she is incapable of saving the child. She lies there, unable even to rise herself till some time after. No marks of violence were to be seen upon the body; there was nothing to indicate that it had been intentionally killed; it had been drowned by misadventure at birth, that was all. The most natural explanation in the world.
His learned colleague had made some mention of a cloth or wrapping, considering it something of a mystery why she should have taken half a s.h.i.+rt with her that day. The mystery was clear enough; she had taken the s.h.i.+rt to carry stripped juniper in. She might have taken--let us say, a pillow-case; as it was, she had taken this piece of a. s.h.i.+rt.
Something she must have, in any case; she could not carry the stuff back in her hands. No, there was surely no ground for making a mystery of this.
One point, however, was not quite so clear: had the accused been treated with the care and consideration which her condition at the time demanded? Had her master dealt kindly with her? It would be as well for him if it were found so. The girl herself had, under cross-examination, referred to the man in satisfactory terms; and this again was evidence in itself of her own n.o.bility of character.
The man, on his part, Axel Strom, had likewise in his depositions refrained from any attempt to add to the burden of the girl, or to blame her in any way. In this he had acted rightly--not to say wisely, seeing that his own case depended very largely upon how matters went with her. By laying the blame on her he would, if she were convicted, bring about his own downfall.
It was impossible to consider the doc.u.ments and depositions in the present case without feeling the deepest sympathy for this young girl in her forsaken situation. And yet there was no need to appeal to mercy on her behalf, only to justice and human understanding. She and her master were in a way betrothed, but a certain dissimilarity of temperament and interests prevented them from marrying. The girl could not entrust her future to such a man. It was not a pleasant subject, but it might be well to return for a moment to the question of the wrapping that had been spoken of before; it should here be noted that the girl had taken, not one of her own undergarments, but one of her master's s.h.i.+rts. The question at once arose: had the man himself offered the material for the purpose? Here, one was at first inclined to see a possibility, at any rate, that the man, Axel, had had some part in the affair.
”H'm,” from some one in court. Loud and hard--so much so, indeed, that the speaker paused, and all looked round to see who might be responsible for the interruption. The presiding justice frowned.
But, went on the advocate for the defence, collecting himself again, in this respect, also, we can set our minds at rest, thanks to the accused herself. It might seem well to her advantage to divide the blame here, but she had not attempted to do so. She had entirely and without reserve absolved Axel Strom from any complicity whatever in the fact of her having taken his s.h.i.+rt instead of something of her own on her way to the water--that is, on her way to the woods to gather juniper. There was not the slightest reason for doubting the a.s.severation of the accused on this point; her depositions had throughout been found in accordance with the facts, and the same was evidently the case in this. Had the s.h.i.+rt been given her by the man, this would have been to presuppose a killing of the child already planned--the accused, truthful as she was, had not attempted to charge even this man with a crime that had never been committed. Her demeanour throughout had been commendably frank and open; she had made no endeavour to throw the blame on others. There were frequent instances before the court of this delicacy of feeling on the part of the accused, as, for instance, the fact that she had wrapped up the body of the child as well as she could, and put it away decently, as the Lensmand had found it.
Here the presiding justice interposed, merely as a matter of form, observing that it was grave No. 2 which the Lensmand had found--the grave in which Axel had buried the body after its removal from the first.
”True, that is true. I stand corrected,” said the advocate, with all proper respect for the president of the court. Perfectly true.
But--Axel had himself stated that he had only carried the body from one grave and laid it in the other. And there could be no doubt but that a woman was better able to wrap up a child than was a man--and who best of all? Surely a mother's tender hand?
The presiding justice nods.
In any case--could not this girl--if she had been of another sort--have buried the child naked? One might even go so far as to say that she might have thrown it into a dustbin. She might have left it out under a tree in the open, to freeze to death--that is to say, of course, if it had not been dead already. She might have put it in the oven when left alone, and burnt it up. She might have taken it up to the river at Sellanraa and thrown it in there. But this mother did none of these things; she wrapped the dead child neatly in a cloth and buried it. And if the body had been found wrapped neatly when the grave was opened, it must be a woman and not a man who had so wrapped it.
And now, the advocate for the defence went on, it lay with the court to determine what measure of guilt could properly be attributed to the girl Barbro in the matter. There was but little remaining for which she could be blamed at all--indeed, in his, counsel's, opinion, there was nothing. Unless the court found reason to convict on the charge of having failed to notify the death. But here, again--the child was dead, and nothing could alter that; the place was far out in the wilds, many miles from either priest or Lensmand; natural enough, surely, to let it sleep the eternal sleep in a neat grave in the woods. And if it were a crime to have buried it thus, then the accused was not more guilty than the father of the child--as it was, the misdemeanour was surely slight enough to be overlooked. Modern practice was growing more and more disposed to lay more stress on reforming the criminal than on punis.h.i.+ng the crime. It was an antiquated system which sought to inflict punishment for every mortal thing--it was the _lex talionis_ of the Old Testament, an eye for an eye and a tooth for a tooth. There was no longer the spirit of the law in modern times. The law of the present day was more humane, seeking to adjust itself according to the degree of criminal intent and purpose displayed in each case.
No! The court could never convict this girl. It was not the object of a trial to secure an addition to the number of criminals, but rather to restore to society a good and useful member. It should be noted that the accused had now the prospect of a new position where she would be under the best possible supervision. Fru Lensmand Heyerdahl had, from her intimate knowledge of the girl, and from her own valuable experience as a mother, thrown wide the doors of her own home to the girl; the court would bear in mind the weight of responsibility attaching to its decision here, and would then convict or acquit the accused. Finally, he wished to express his thanks to the learned counsel for the prosecution, who had generously refrained from demanding a conviction--a pleasing evidence of deep and humane understanding.
The advocate for the defence sat down.
The remainder of the proceedings did not take long. The summing up was but a repet.i.tion of the same points, as viewed from opposite sides, a brief synopsis of the action of the play, dry, dull, and dignified. It had all been managed very satisfactorily all round; both the advocates had pointed out what the court should consider, and the presiding justice found his task easy enough.
Lights were lit, a couple of lamps hanging from the ceiling--a miserable light it was, the justice could hardly see to read his notes. He mentioned with some severity the point that the child's death had not been duly notified to the proper authorities--but that, under the circ.u.mstances, should be considered rather the duty of the father than of the mother, owing to her weakness at the time. The court had then to determine whether any case had been proved with regard to concealment of birth and infanticide. Here the evidence was again recapitulated from beginning to end. Then came the usual injunction as to being duly conscious of responsibility, which the court had heard before, and finally, the not uncommon reminder that in cases of doubt, the scale should be allowed to turn in favour of the accused.
And now all was clear and ready.
The judges left the room and went into another apartment. They were to consider a paper with certain questions, which one of them had with him. They were away five minutes, and returned with a ”No” to all the questions.
No, the girl Barbro had not killed her child.
Then the presiding judge said a few more words, and declared that the girl Barbro was now free.
<script>