Plays : Second Series

FALDER. It couldn't have been four minutes, sir, because I ran all the way.

FROME. During those four minutes you say you remember nothing?

FALDER. No, sir; only that I ran.

FROME. Not even adding the 'ty' and the nought?'

FALDER. No, sir. I don't really.

FROME sits down, and CLEAVER rises.

CLEAVER. But you remember running, do you?

FALDER. I was all out of breath when I got to the bank.

CLEAVER. And you don't remember altering the cheque?

FALDER. [Faintly] No, sir.

CLEAVER. Divested of the romantic glamour which my friend is casting over the case, is this anything but an ordinary forgery? Come.

FALDER. I was half frantic all that morning, sir.

CLEAVER. Now, now! You don't deny that the 'ty' and the nought were so like the rest of the handwriting as to thoroughly deceive the cashier?

FALDER. It was an accident.

CLEAVER. [Cheerfully] Queer sort of accident, wasn't it? On which day did you alter the counterfoil?

FALDER. [Hanging his head] On the Wednesday morning.

CLEAVER. Was that an accident too?

FALDER. [Faintly] No.

CLEAVER. To do that you had to watch your opportunity, I suppose?

FALDER. [Almost inaudibly] Yes.

CLEAVER. You don't suggest that you were suffering under great excitement when you did that?

FALDER. I was haunted.

CLEAVER. With the fear of being found out?

FALDER. [Very low] Yes.

THE JUDGE. Didn't it occur to you that the only thing for you to do was to confess to your employers, and restore the money?

FALDER. I was afraid. [There is silence]

CLEAVER. You desired, too, no doubt, to complete your design of taking this woman away?

FALDER. When I found I'd done a thing like that, to do it for nothing seemed so dreadful. I might just as well have chucked myself into the river.

CLEAVER. You knew that the clerk Davis was about to leave England —didn't it occur to you when you altered this cheque that suspicion would fall on him?

FALDER. It was all done in a moment. I thought of it afterwards.

CLEAVER. And that didn't lead you to avow what you'd done?

FALDER. [Sullenly] I meant to write when I got out there—I would have repaid the money.

THE JUDGE. But in the meantime your innocent fellow clerk might have been prosecuted.

FALDER. I knew he was a long way off, your lordship. I thought there'd be time. I didn't think they'd find it out so soon.

FROME. I might remind your lordship that as Mr. Walter How had the cheque-book in his pocket till after Davis had sailed, if the discovery had been made only one day later Falder himself would have left, and suspicion would have attached to him, and not to Davis, from the beginning.

THE JUDGE. The question is whether the prisoner knew that suspicion would light on himself, and not on Davis. [To FALDER sharply] Did you know that Mr. Walter How had the cheque-book till after Davis had sailed?

FALDER. I—I—thought—he–

THE JUDGE. Now speak the truth-yes or no!

FALDER. [Very low] No, my lord. I had no means of knowing.

THE JUDGE. That disposes of your point, Mr. Frome.

[FROME bows to the JUDGE]

CLEAVER. Has any aberration of this nature ever attacked you before?

FALDER. [Faintly] No, sir.

CLEAVER. You had recovered sufficiently to go back to your work that afternoon?

FALDER. Yes, I had to take the money back.

CLEAVER. You mean the nine pounds. Your wits were sufficiently keen for you to remember that? And you still persist in saying you don't remember altering this cheque. [He sits down]

FALDER. If I hadn't been mad I should never have had the courage.

FROME. [Rising] Did you have your lunch before going back?

FALDER. I never ate a thing all day; and at night I couldn't sleep.

FROME. Now, as to the four minutes that elapsed between Davis's going out and your cashing the cheque: do you say that you recollect nothing during those four minutes?

FALDER. [After a moment] I remember thinking of Mr. Cokeson's face.

FROME. Of Mr. Cokeson's face! Had that any connection with what you were doing?

FALDER. No, Sir.

FROME. Was that in the office, before you ran out?

FALDER. Yes, and while I was running.

FROME. And that lasted till the cashier said: "Will you have gold or notes?"

FALDER. Yes, and then I seemed to come to myself—and it was too late.

FROME. Thank you. That closes the evidence for the defence, my lord.

The JUDGE nods, and FALDER goes back to his seat in the dock.

FROME. [Gathering up notes] If it please your lordship—Gentlemen of the Jury,—My friend in cross-examination has shown a disposition to sneer at the defence which has been set up in this case, and I am free to admit that nothing I can say will move you, if the evidence has not already convinced you that the prisoner committed this act in a moment when to all practical intents and purposes he was not responsible for his actions; a moment of such mental and moral vacuity, arising from the violent emotional agitation under which he had been suffering, as to amount to temporary madness. My friend has alluded to the "romantic glamour" with which I have sought to invest this case. Gentlemen, I have done nothing of the kind. I have merely shown you the background of "life"—that palpitating life which, believe me—whatever my friend may say—always lies behind the commission of a crime. Now gentlemen, we live in a highly, civilized age, and the sight of brutal violence disturbs us in a very strange way, even when we have no personal interest in the matter. But when we see it inflicted on a woman whom we love—what then? Just think of what your own feelings would have been, each of you, at the prisoner's age; and then look at him. Well! he is hardly the comfortable, shall we say bucolic, person likely to contemplate with equanimity marks of gross violence on a woman to whom he was devotedly attached. Yes, gentlemen, look at him! He has not a strong face; but neither has he a vicious face. He is just the sort of man who would easily become the prey of his emotions. You have heard the description of his eyes. My friend may laugh at the word "funny"—I think it better describes the peculiar uncanny look of those who are strained to breaking-point than any other word which could have been used. I don't pretend, mind you, that his mental irresponsibility—was more than a flash of darkness, in which all sense of proportion became lost; but to contend, that, just as a man who destroys himself at such a moment may be, and often is, absolved from the stigma attaching to the crime of self-murder, so he may, and frequently does, commit other crimes while in this irresponsible condition, and that he may as justly be acquitted of criminal intent and treated as a patient. I admit that this is a plea which might well be abused. It is a matter for discretion. But here you have a case in which there is every reason to give the benefit of the doubt. You heard me ask the prisoner what he thought of during those four fatal minutes. What was his answer? "I thought of Mr. Cokeson's face!" Gentlemen, no man could invent an answer like that; it is absolutely stamped with truth. You have seen the great affection [legitimate or not] existing between him and this woman, who came here to give evidence for him at the risk of her life. It is impossible for you to doubt his distress on the morning when he committed this act. We well know what terrible havoc such distress can make in weak and highly nervous people. It was all the work of a moment. The rest has followed, as death follows a stab to the heart, or water drops if you hold up a jug to empty it. Believe me, gentlemen, there is nothing more tragic in life than the utter impossibility of changing what you have done. Once this cheque was altered and presented, the work of four minutes—four mad minutes —the rest has been silence. But in those four minutes the boy before you has slipped through a door, hardly opened, into that great cage which never again quite lets a man go—the cage of the Law. His further acts, his failure to confess, the alteration of the counterfoil, his preparations for flight, are all evidence—not of deliberate and guilty intention when he committed the prime act from which these subsequent acts arose; no—they are merely evidence of the weak character which is clearly enough his misfortune. But is a man to be lost because he is bred and born with a weak character? Gentlemen, men like the prisoner are destroyed daily under our law for want of that human insight which sees them as they are, patients, and not criminals. If the prisoner be found guilty, and treated as though he were a criminal type, he will, as all experience shows, in all probability become one. I beg you not to return a verdict that may thrust him back into prison and brand him for ever. Gentlemen, Justice is a machine that, when some one has once given it the starting push, rolls on of itself. Is this young man to be ground to pieces under this machine for an act which at the worst was one of weakness? Is he to become a member of the luckless crews that man those dark, ill-starred ships called prisons? Is that to be his voyage-from which so few return? Or is he to have another chance, to be still looked on as one who has gone a little astray, but who will come back? I urge you, gentlemen, do not ruin this young man! For, as a result of those four minutes, ruin, utter and irretrievable, stares him in the face. He can be saved now. Imprison him as a criminal, and I affirm to you that he will be lost. He has neither the face nor the manner of one who can survive that terrible ordeal. Weigh in the scales his criminality and the suffering he has undergone. The latter is ten times heavier already. He has lain in prison under this charge for more than two months. Is he likely ever to forget that? Imagine the anguish of his mind during that time. He has had his punishment, gentlemen, you may depend. The rolling of the chariot-wheels of Justice over this boy began when it was decided to prosecute him. We are now already at the second stage. If you permit it to go on to the third I would not give—that for him.

He holds up finger and thumb in the form of a circle, drops his hand, and sits dozen.

The jury stir, and consult each other's faces; then they turn towards the counsel for the Crown, who rises, and, fixing his eyes on a spot that seems to give him satisfaction, slides them every now and then towards the jury.

CLEAVER. May it please your lordship—[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 lordship. 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 cashier 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 circumstances, 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—COKESON, and—er—of the cashier. 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 lordship would kindly request the reporters not to disclose the name of the woman witness in the Press reports of these proceedings. Your lordship 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 lordship 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 lordship.

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

FROME. If your lordship would be so kind. I can assure your lordship 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 lordship, 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 ASSIZE. Gentlemen, are you agreed on your verdict?

FOREMAN. We are.

CLERK of ASSIZE. 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 lordship would allow me to address you in mitigation of sentence. I don't know if your lordship 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 lordship says so—I do most earnestly beg your lordship to give the utmost weight to my plea. [He sits down.]

THE JUDGE. [To the CLERK] Call upon him.

THE CLERK. Prisoner at the bar, you stand convicted of felony. Have you anything to say for yourself, why the Court should not give you judgment according to law? [FALDER shakes his head]

THE JUDGE. William Falder, you have been given fair trial and found guilty, in my opinion rightly found guilty, of forgery. [He pauses; then, consulting his notes, goes on] The defence was set up that you were not responsible for your actions at the moment of committing this crime. There is no, doubt, I think, that this was a device to bring out at first hand the nature of the temptation to which you succumbed. For throughout the trial your counsel was in reality making an appeal for mercy. The setting up of this defence of course enabled him to put in some evidence that might weigh in that direction. Whether he was well advised to so is another matter. He claimed that you should be treated rather as a patient than as a criminal. And this plea of his, which in the end amounted to a passionate appeal, he based in effect on an indictment of the march of Justice, which he practically accused of confirming and completing the process of criminality. Now, in considering how far I should allow weight to his appeal; I have a number of factors to take into account. I have to consider on the one hand the grave nature of your offence, the deliberate way in which you subsequently altered the counterfoil, the danger you caused to an innocent man—and that, to my mind, is a very grave point—and finally I have to consider the necessity of deterring others from following your example. On the other hand, I have to bear in mind that you are young, that you have hitherto borne a good character, that you were, if I am to believe your evidence and that of your witnesses, in a state of some emotional excitement when you committed this crime. I have every wish, consistently with my duty—not only to you, but to the community—to treat you with leniency. And this brings me to what are the determining factors in my mind in my consideration of your case. You are a clerk in a lawyer's office—that is a very serious element in this case; there can be no possible excuse made for you on the ground that you were not fully conversant with the nature of the crime you were committing, and the penalties that attach to it. It is said, however, that you were carried away by your emotions. The story has been told here to-day of your relations with this—er—Mrs. Honeywill; on that story both the defence and the plea for mercy were in effect based. Now what is that story? It is that you, a young man, and she, a young woman, unhappily married, had formed an attachment, which you both say—with what truth I am unable to gauge —had not yet resulted in immoral relations, but which you both admit was about to result in such relationship. Your counsel has made an attempt to palliate this, on the ground that the woman is in what he describes, I think, as "a hopeless position." As to that I can express no opinion. She is a married woman, and the fact is patent that you committed this crime with the view of furthering an immoral design. Now, however I might wish, I am not able to justify to my conscience a plea for mercy which has a basis inimical to morality. It is vitiated 'ab initio', and would, if successful, free you for the completion of this immoral project. Your counsel has made an attempt to trace your offence back to what he seems to suggest is a defect in the marriage law; he has made an attempt also to show that to punish you with further imprisonment would be unjust. I do not follow him in these flights. The Law is what it is—a majestic edifice, sheltering all of us, each stone of which rests on another. I am concerned only with its administration. The crime you have committed is a very serious one. I cannot feel it in accordance with my duty to Society to exercise the powers I have in your favour. You will go to penal servitude for three years.

FALDER, who throughout the JUDGE'S speech has looked at him steadily, lets his head fall forward on his breast. RUTH starts up from her seat as he is taken out by the warders. There is a bustle in court.

THE JUDGE. [Speaking to the reporters] Gentlemen of the Press, I think that the name of the female witness should not be reported.

The reporters bow their acquiescence. THE JUDGE. [To RUTH, who is staring in the direction in which FALDER has disappeared] Do you understand, your name will not be mentioned?

COKESON. [Pulling her sleeve] The judge is speaking to you.

RUTH turns, stares at the JUDGE, and turns away.

THE JUDGE. I shall sit rather late to-day. Call the next case.

CLERK of ASSIZE. [To a warder] Put up John Booley.

To cries of "Witnesses in the case of Booley":

The curtain falls.