Part 17 (1/2)
Meantime, round the house of the Home Secretary, who was in town, an ever-augmenting crowd was gathered, eager to catch the first whisper of a reprieve.
The house was guarded by a cordon of police, for there was no inconsiderable danger of a popular riot. At times a section of the crowd groaned and hooted. Once a volley of stones was discharged at the windows. The news-boys were busy vending their special editions, and the reporters struggled through the crowd, clutching descriptive pencils, and ready to rush off to telegraph offices should anything ”extra special” occur. Telegraph boys were coming up every now and again with threats, messages, pet.i.tions and exhortations from all parts of the country to the unfortunate Home Secretary, who was striving to keep his aching head cool as he went through the voluminous evidence for the last time and pondered over the more important letters which ”The Greater Jury” had contributed to the obscuration of the problem. Grodman's letter in that morning's paper shook him most; under his scientific a.n.a.lysis the circ.u.mstantial chain seemed forged of painted cardboard.
Then the poor man read the judge's summing up, and the chain became tempered steel. The noise of the crowd outside broke upon his ear in his study like the roar of a distant ocean. The more the rabble hooted him, the more he essayed to hold scrupulously the scales of life and death.
And the crowd grew and grew, as men came away from their work. There were many that loved the man who lay in the jaws of death, and a spirit of mad revolt surged in their b.r.e.a.s.t.s. And the sky was gray, and the bleak night deepened and the shadow of the gallows crept on.
Suddenly a strange inarticulate murmur spread through the crowd, a vague whisper of no one knew what. Something had happened. Somebody was coming. A second later and one of the outskirts of the throng was agitated, and a convulsive cheer went up from it, and was taken up infectiously all along the street. The crowd parted--a hansom dashed through the center. ”Grodman! Grodman!” shouted those who recognized the occupant. ”Grodman! Hurrah!” Grodman was outwardly calm and pale, but his eyes glittered; he waved his hand encouragingly as the hansom dashed up to the door, cleaving the turbulent crowd as a canoe cleaves the waters. Grodman sprang out, the constables at the portal made way for him respectfully. He knocked imperatively, the door was opened cautiously; a boy rushed up and delivered a telegram; Grodman forced his way in, gave his name, and insisted on seeing the Home Secretary on a matter of life and death. Those near the door heard his words and cheered, and the crowd divined the good omen, and the air throbbed with cannonades of joyous sound. The cheers rang in Grodman's ears as the door slammed behind him. The reporters struggled to the front. An excited knot of working men pressed round the arrested hansom, they took the horse out. A dozen enthusiasts struggled for the honor of placing themselves between the shafts. And the crowd awaited Grodman.
CHAPTER XII.
Grodman was ushered into the conscientious Minister's study. The doughty chief of the agitation was, perhaps, the one man who could not be denied. As he entered, the Home Secretary's face seemed lit up with relief. At a sign from his master, the amanuensis who had brought in the last telegram took it back with him into the outer room where he worked.
Needless to say not a t.i.the of the Minister's correspondence ever came under his own eyes.
”You have a valid reason for troubling me, I suppose, Mr. Grodman?” said the Home Secretary, almost cheerfully. ”Of course it is about Mortlake?”
”It is; and I have the best of all reasons.”
”Take a seat. Proceed.”
”Pray do not consider me impertinent, but have you ever given any attention to the science of evidence?”
”How do you mean?” asked the Home Secretary, rather puzzled, adding, with a melancholy smile, ”I have had to lately. Of course, I've never been a criminal lawyer, like some of my predecessors. But I should hardly speak of it as a science; I look upon it as a question of common-sense.”
”Pardon me, sir. It is the most subtle and difficult of all the sciences. It is, indeed, rather the science of the sciences. What is the whole of Inductive Logic, as laid down, say, by Bacon and Mill, but an attempt to appraise the value of evidence, the said evidence being the trails left by the Creator, so to speak? The Creator has--I say it in all reverence--drawn a myriad red herrings across the track, but the true scientist refuses to be baffled by superficial appearances in detecting the secrets of Nature. The vulgar herd catches at the gross apparent fact, but the man of insight knows that what lies on the surface does lie.”
”Very interesting, Mr. Grodman, but really----”
”Bear with me, sir. The science of evidence being thus so extremely subtle, and demanding the most acute and trained observation of facts, the most comprehensive understanding of human psychology, is naturally given over to professors who have not the remotest idea that 'things are not what they seem,' and that everything is other than it appears; to professors, most of whom, by their year-long devotion to the shop-counter or the desk, have acquired an intimate acquaintance with all the infinite shades and complexities of things and human nature.
When twelve of these professors are put in a box, it is called a jury.
When one of these professors is put in a box by himself, he is called a witness. The retailing of evidence--the observation of the facts--is given over to people who go through their lives without eyes; the appreciation of evidence--the judging of these facts--is surrendered to people who may possibly be adepts in weighing out pounds of sugar. Apart from their sheer inability to fulfill either function--to observe, or to judge--their observation and their judgment alike are vitiated by all sorts of irrelevant prejudices.”
”You are attacking trial by jury.”
”Not necessarily. I am prepared to accept that scientifically, on the ground that, as there are, as a rule, only two alternatives, the balance of probability is slightly in favor of the true decision being come to.
Then, in cases where experts like myself have got up the evidence, the jury can be made to see through trained eyes.”
The Home Secretary tapped impatiently with his foot.
”I can't listen to abstract theorizing,” he said. ”Have you any fresh concrete evidence?”
”Sir, everything depends on our getting down to the root of the matter.
What percentage of average evidence should you think is thorough, plain, simple, unvarnished fact, 'the truth, the whole truth, and nothing but the truth'?”
”Fifty?” said the Minister, humoring him a little.
”Not five. I say nothing of lapses of memory, of inborn defects of observational power--though the suspiciously precise recollection of dates and events possessed by ordinary witnesses in important trials taking place years after the occurrences involved, is one of the most amazing things in the curiosities of modern jurisprudence. I defy you, sir, to tell me what you had for dinner last Monday, or what exactly you were saying and doing at five o'clock last Tuesday afternoon. n.o.body whose life does not run in mechanical grooves can do anything of the sort; unless, of course, the facts have been very impressive. But this by the way. The great obstacle to veracious observation is the element of prepossession in all vision. Has it ever struck you, sir, that we never see anyone more than once, if that? The first time we meet a man we may possibly see him as he is; the second time our vision is colored and modified by the memory of the first. Do our friends appear to us as they appear to strangers? Do our rooms, our furniture, our pipes strike our eye as they would strike the eye of an outsider, looking on them for the first time? Can a mother see her babe's ugliness, or a lover his mistress' shortcomings, though they stare everybody else in the face?
Can we see ourselves as others see us? No; habit, prepossession changes all. The mind is a large factor of every so-called external fact. The eye sees, sometimes, what it wishes to see, more often what it expects to see. You follow me, sir?”