Part 115 (1/2)

CLEAVER. May it please your lords.h.i.+p--[Rising on his toes] Gentlemen of the Jury,--The facts in this case are not disputed, and the defence, if my friend will allow me to say so, is so thin that I don't propose to waste the time of the Court by taking you over the evidence. The plea is one of temporary insanity. Well, gentlemen, I daresay it is clearer to me than it is to you why this rather--what shall we call it?--bizarre defence has been set up. The alternative would have been to plead guilty. Now, gentlemen, if the prisoner had pleaded guilty my friend would have had to rely on a simple appeal to his lords.h.i.+p. Instead of that, he has gone into the byways and hedges and found this--er--peculiar plea, which has enabled him to show you the proverbial woman, to put her in the box--to give, in fact, a romantic glow to this affair. I compliment my friend; I think it highly ingenious of him. By these means, he has--to a certain extent--got round the Law. He has brought the whole story of motive and stress out in court, at first hand, in a way that he would not otherwise have been able to do. But when you have once grasped that fact, gentlemen, you have grasped everything. [With good-humoured contempt] For look at this plea of insanity; we can't put it lower than that. You have heard the woman. She has every reason to favour the prisoner, but what did she say? She said that the prisoner was not insane when she left him in the morning. If he were going out of his mind through distress, that was obviously the moment when insanity would have shown itself. You have heard the managing clerk, another witness for the defence. With some difficulty I elicited from him the admission that the prisoner, though jumpy [a word that he seemed to think you would understand, gentlemen, and I'm sure I hope you do], was not mad when the cheque was handed to Davis. I agree with my friend that it's unfortunate that we have not got Davis here, but the prisoner has told you the words with which Davis in turn handed him the cheque; he obviously, therefore, was not mad when he received it, or he would not have remembered those words. The cas.h.i.+er has told you that he was certainly in his senses when he cashed it. We have therefore the plea that a man who is sane at ten minutes past one, and sane at fifteen minutes past, may, for the purposes of avoiding the consequences of a crime, call himself insane between those points of time. Really, gentlemen, this is so peculiar a proposition that I am not disposed to weary you with further argument. You will form your own opinion of its value. My friend has adopted this way of saying a great deal to you--and very eloquently--on the score of youth, temptation, and the like. I might point out, however, that the offence with which the prisoner is charged is one of the most serious known to our law; and there are certain features in this case, such as the suspicion which he allowed to rest on his innocent fellow-clerk, and his relations with this married woman, which will render it difficult for you to attach too much importance to such pleading. I ask you, in short, gentlemen, for that verdict of guilty which, in the circ.u.mstances, I regard you as, unfortunately, bound to record.

Letting his eyes travel from the JUDGE and the jury to FROME, he sits down.

THE JUDGE. [Bending a little towards the jury, and speaking in a business-like voice] Gentlemen, you have heard the evidence, and the comments on it. My only business is to make clear to you the issues you have to try. The facts are admitted, so far as the alteration of this cheque and counterfoil by the prisoner. The defence set up is that he was not in a responsible condition when he committed the crime. Well, you have heard the prisoner's story, and the evidence of the other witnesses--so far as it bears on the point of insanity.

If you think that what you have heard establishes the fact that the prisoner was insane at the time of the forgery, you will find him guilty, but insane. If, on the other hand, you conclude from what you have seen and heard that the prisoner was sane--and nothing short of insanity will count--you will find him guilty. In reviewing the testimony as to his mental condition you must bear in mind very carefully the evidence as to his demeanour and conduct both before and after the act of forgery--the evidence of the prisoner himself, of the woman, of the witness--er--c.o.kESON, and--er--of the cas.h.i.+er.

And in regard to that I especially direct your attention to the prisoner's admission that the idea of adding the 'ty' and the nought did come into his mind at the moment when the cheque was handed to him; and also to the alteration of the counterfoil, and to his subsequent conduct generally. The bearing of all this on the question of premeditation [and premeditation will imply sanity] is very obvious. You must not allow any considerations of age or temptation to weigh with you in the finding of your verdict. Before you can come to a verdict of guilty but insane you must be well and thoroughly convinced that the condition of his mind was such as would have qualified him at the moment for a lunatic asylum. [He pauses, then, seeing that the jury are doubtful whether to retire or no, adds:] You may retire, gentlemen, if you wish to do so.

The jury retire by a door behind the JUDGE. The JUDGE bends over his notes. FALDER, leaning from the dock, speaks excitedly to his solicitor, pointing dawn at RUTH. The solicitor in turn speaks to FROME.

FROME. [Rising] My lord. The prisoner is very anxious that I should ask you if your lords.h.i.+p would kindly request the reporters not to disclose the name of the woman witness in the Press reports of these proceedings. Your lords.h.i.+p will understand that the consequences might be extremely serious to her.

THE JUDGE. [Pointedly--with the suspicion of a smile] well, Mr.

Frome, you deliberately took this course which involved bringing her here.

FROME. [With an ironic bow] If your lords.h.i.+p thinks I could have brought out the full facts in any other way?

THE JUDGE. H'm! Well.

FROME. There is very real danger to her, your lords.h.i.+p.

THE JUDGE. You see, I have to take your word for all that.

FROME. If your lords.h.i.+p would be so kind. I can a.s.sure your lords.h.i.+p that I am not exaggerating.

THE JUDGE. It goes very much against the grain with me that the name of a witness should ever be suppressed. [With a glance at FALDER, who is gripping and clasping his hands before him, and then at RUTH, who is sitting perfectly rigid with her eyes fixed on FALDER] I'll consider your application. It must depend. I have to remember that she may have come here to commit perjury on the prisoner's behalf.

FROME. Your lords.h.i.+p, I really----

THE JUDGE. Yes, yes--I don't suggest anything of the sort, Mr.

Frome. Leave it at that for the moment.

As he finishes speaking, the jury return, and file back into the box.

CLERK of a.s.sIZE. Gentlemen, are you agreed on your verdict?

FOREMAN. We are.

CLERK of a.s.sIZE. Is it Guilty, or Guilty but insane?

FOREMAN. Guilty.

The JUDGE nods; then, gathering up his notes, sits looking at FALDER, who stands motionless.

FROME. [Rising] If your lords.h.i.+p would allow me to address you in mitigation of sentence. I don't know if your lords.h.i.+p thinks I can add anything to what I have said to the jury on the score of the prisoner's youth, and the great stress under which he acted.

THE JUDGE. I don't think you can, Mr. Frome.

FROME. If your lords.h.i.+p says so--I do most earnestly beg your lords.h.i.+p to give the utmost weight to my plea. [He sits down.]