The Turn of the Balance

The scrape of the feet that were so soon to shuffle into the penitentiary, and leave scarce an echo of their hopeless fall behind, roused every one in the court-room. Even the bailiff got to his rheumatic feet and hastily arranged a row of chairs in front of the trial tables. The prisoners sat down and tried to hide their manacles by dropping their hands between their chairs.

There were seven of these prisoners, the oldest the man whom Danner had conducted. He sat with his white head cast down, but his blue eyes roamed here and there, taking in the whole court-room. The other prisoners were young men, one of them a negro; and in the appearance of all there was some pathetic suggestion of a toilet. All of them had their hair combed carefully, except the negro, whose hair could give no perceptible evidence of the comb, unless it were the slight, almost invisible part that bisected his head. But he gave the same air of trying somehow to make the best appearance he was capable of on this eventful day.

Ward's eyes ran rapidly along the row, and rested on the brown-haired, well-formed head of the youngest of the group. He was scarcely more than a boy indeed, and he alone, of all the line, was well dressed. His linen was white, and he wore his well-fitting clothes with a certain vanity and air of style that even his predicament could not divest him of. As Ward glanced at him, an expression of pain came to his face; the color left it for an instant, and then it grew redder than it had been before.

These prisoners were about to be sentenced for various felonies. Two of them, the old man with the white hair and the negro, had been tried, the one for pocket-picking, the other for burglary. The others were to change their pleas from not guilty to guilty and throw themselves on the mercy of the court. They sat there, whispering with one another, gazing about the room, and speculating on what fate awaited them, or, as they would have phrased it, what sentences they would draw. Like most prisoners they were what the laws define as "indigent," that is, so poor that they could not employ lawyers. The court in consequence had appointed counsel, and the young lawyers who now stood and joked about the fates that were presently to issue from the judge's chambers, were the counsel thus appointed. Now and then the prisoners looked at the lawyers, and some of them may have indulged speculations as to how that fate might have been changed–perhaps altogether avoided–had they been able to employ more capable attorneys. Those among them who had been induced by their young attorneys to plead guilty–under assurances that they would thus fare better than they would if they resisted the law by insisting on their rights under it–probably had not the imagination to divine that they might have fared otherwise at the hands of the law if these lawyers had not dreaded the trial as an ordeal almost as great to them as to their appointed clients, or if they had not been so indigent themselves as to desire speedily to draw the fee the State would allow them for their services. Most of the prisoners, indeed, treated these young lawyers with a certain patience, if not forbearance, and now they relied on them for such mercy as the law might find in its heart to bestow. Most of them might have reflected, had they been given to the practice, that on former experiences they had found the breast of the law, as to this divine quality, withered and dry. They sat and glanced about, and now and then whispered, but for the most part they were still and dumb and hopeless. Meanwhile their lawyers discussed and compared them, declaring their faces to be hard and criminal; one of the young men thought a certain face showed particularly the marks of crime, and when his fellows discovered that he meant the face of Danner, they laughed aloud and had a good joke on the young man. The young man became very red, almost as red as Danner himself, whom, he begged, they would not tell of his mistake.

At that moment the door of the judge's chambers opened, and instant silence fell. McWhorter, the judge, appeared. He was a man of middle size, with black curly hair, smooth-shaven face, and black eyes that caught in the swiftest glance the row of prisoners, who now straightened and fixed their eyes on him. McWhorter advanced with a brisk step to the bench, mounted it, and nodding, said:

"You may open court, Mr. Bailiff."

The bailiff let his gavel fall on the marble slab, and then with his head hanging, his eyes roving in a self-conscious, almost silly way, he said:

"Hear ye, hear ye, hear ye, this honorable court is now in session."

The bailiff sat down as in relief, but immediately got up again when the judge said:

"Bring me the criminal docket, Mr. Bailiff."

The bailiff's bent figure tottered out of the court-room. The court-room was very still; the ticking of the clock on the wall could be heard. The judge swung his chair about and glanced out of the windows. Never once did he permit his eyes to rest on the prisoners.

There was silence and waiting, and after a while the bailiff came with the docket. The judge opened the book, put on a pair of gold glasses, and, after a time, reading slowly, said:

"The State versus Patrick Delaney."

The white-haired prisoner patiently held out two hands, marvelously tatooed, and Danner unlocked the handcuffs. At the same moment one of the young lawyers stood forth from the rest, and Lamborn, an assistant prosecutor, rose.

McWhorter was studying the docket. Presently he said:

"Stand up, Delaney."

Delaney rose, kept his eyes on the floor, clasped a hand about his red wrist. Then, for the first time, the judge looked at him.

"Delaney," he said, "have you anything to say why the sentence of this court should not be passed upon you?"

Delaney looked uneasily at the judge and then let his eyes fall.

"No, Judge, yer Honor," he said, "nothing but that I'm an innocent man. I didn't do it, yer Honor."

The remark did not seem to impress the judge, who turned toward the lawyer. This young man, with a venturesome air, stepped a little farther from the sheltering company of his associates and, with a face that was very white and lips that faltered, said in a confused, hurried way:

"Your Honor, we hope your Honor'll be as lenient as possible with this man; we hope your Honor will be as–lenient as possible." The youth's voice died away and he faded back, as it were, into the shelter of his companions. The judge did not seem to be more impressed with what the lawyer had said than he had with what the client had said, and twirling his glasses by their cord, he turned toward the assistant prosecutor.

Lamborn, with an affectation of great ease, with one hand in the pocket of his creased trousers, the other supporting a book of memoranda, advanced and said:

"May it please the Court, this man is an habitual criminal; he has already served a term in the penitentiary for this same offense, and we understand that he is wanted in New York State at this present time. We consider him a dangerous criminal, and the State feels that he should be severely punished."

McWhorter studied the ceiling of the court-room a moment, still swinging his eye-glasses by their cord, and then, fixing them on his nose, looked wisely down at Delaney. Presently he spoke:

"It is always an unpleasant duty to sentence a man to prison, no matter how much he may deserve punishment." McWhorter paused as if to let every one realize his pain in this exigency, and then went on: "But it is our duty, and we can not shirk it. A jury, Delaney, after a fair trial, has found you guilty of burglary. It appears from what the prosecutor says that this is not the first time you have been found guilty of this offense; the experience does not seem to have done you any good. You impress the Court as a man who has abandoned himself to a life of crime, and the Court feels that you should receive a sentence in this instance that will serve as a warning to you and to others. The sentence of the Court is–" McWhorter paused as if to balance the scales of justice with all nicety, and then he looked away. He did not know exactly how many years in prison would expiate Delaney's crime; there was, of course, no way for him to tell. He thought first of the number ten, then of the number five; then, as the saying is, he split the difference, inclined the fraction to the prisoner and said:

"The sentence of the Court is that you be confined in the penitentiary at hard labor for the period of seven years, no part of your sentence to be in solitary confinement, and that you pay the costs of this prosecution."

Delaney sat down without changing expression and held out his hands for the handcuffs. The steel clicked, and the scratch of the judge's pen could be heard as he entered the judgment in the docket.

These proceedings were repeated again and again. McWhorter read the title of the case, Danner unshackled the prisoner, who stood up, gazing dumbly at the floor, his lawyer asked the Court to be lenient, Lamborn asked the Court to be severe, McWhorter twirled his gold glasses, looked out of the window, made his little speech, guessed, and pronounced sentence. The culprit sat down, held out his hands for the manacles, then the click of the steel and the scratch of the judicial pen. It grew monotonous.

But just before the last man was called to book, John Eades, the prosecutor, entered the court-room. At sight of him the young lawyers, the loafers on the benches, even the judge looked up.

Eades's tall figure had not yet lost the grace of youth, though it was giving the first evidence that he had reached that period of life when it would begin to gather weight. He was well dressed in the blue clothes of a business man, and he was young enough at thirty-five to belong to what may not too accurately be called the new school of lawyers, growing up in a day when the law is changing from a profession to a business, in distinction from the passing day of long coats of professional black, of a gravity that frequently concealed a certain profligacy, and, wherever it was successful, of native brilliancy that could ignore application. Eades's dark hair was carefully parted above his smooth brow; he had rather heavy eyebrows, a large nose, and thin, tightly-set lips that gave strength and firmness to a clean-shaven face. He whispered a word to his assistant, and then said:

"May it please the Court, when the case of the State versus Henry C. Graves is reached, I should like to be heard."

"The Court was about to dispose of that case, Mr. Eades," said the judge, looking over his docket and fixing his glasses on his nose.

"Very well," said Eades, glancing at the group of young attorneys. "Mr. Metcalf, I believe, represents the defendant."

The young lawyer thus indicated emerged from the group that seemed to keep so closely together, and said:

"Yes, your Honor, we'd like to be heard also."

"Graves may stand up," said the judge, removing his glasses and tilting back in his chair as if to listen to long arguments.

Danner had been unlocking the handcuffs again, and the young man who had been so frequently remarked in the line rose. His youthful face flushed scarlet; he glanced about the court-room, saw Ward, drew a heavy breath, and then fixed his eyes on the floor.

Eades looked at Metcalf, who stepped forward and began:

"In this case, your Honor, we desire to withdraw the plea of not guilty and substitute a plea of guilty. And I should like to say a few words for my client."

"Proceed," said McWhorter.

Metcalf, looking at his feet, took two or three steps forward, and then, lifting his head, suddenly began:

"Your Honor, this is the first time this young man has ever committed any crime. He is but twenty-three years old, and he has always borne a good reputation in this community. He is the sole support of a widowed mother, and–yes, he is the sole support of a widowed mother. He–a–has been for three years employed in the firm of Stephen Ward and Company, and has always until–a–this unfortunate affair enjoyed the confidence and esteem of his employers. He stands here now charged in the indictment with embezzlement; he admits his guilt. He has, as I say, never done wrong before–and I believe that this will be a lesson to him which he will not forget. He desires to throw himself on the mercy of the Court, and I ask the Court–to–a–be as lenient as possible."

"Has the State anything to say?" asked the judge.

"May it please the Court," said Eades, speaking in his low, studied tone, "we acquiesce in all that counsel for defense has said. This young man, so far as the State knows, has never before committed a crime. And yet, he has had the advantages of a good home, of an excellent mother, and he had the best prospects in life that a young man could wish. He was, as counsel has said, employed by Mr. Ward–who is here–" Eades turned half-way around and indicated Ward, who rose and felt that the time had come when he should go forward. "He was one of Mr. Ward's trusted employees. Unfortunately, he began to speculate on the Board himself, and it seems, in the stir of the recent excitement in wheat, appropriated some nine hundred dollars of his employer's money. Mr. Ward is not disposed to ideal harshly or in any vengeful spirit with this young man; he has shown, indeed, the utmost forbearance. Nor is the State disposed to deal in any such spirit with him; he, and especially his mother, have my sympathy. But we feel that the law must be vindicated and upheld, and while the State is disposed to leave with the Court the fixing of such punishment as may be appropriate, and has no thought of suggesting what the Court's duty shall be, still the State feels that the punishment should be substantial."

Eades finished and seated himself at the counsel table. The young lawyers looked at him, and, whispering among themselves, said that they considered the speech to have been very fitting and appropriate under the circumstances.

McWhorter deliberated a moment, and then, glancing toward the young man, suddenly saw Ward, and, thinking that if Ward would speak he would have more time to guess what punishment to give the boy, he said:

"Mr. Ward, do you care to be heard?"

Ward hesitated, changed color, and slowly advanced. He was not accustomed to speaking in public, and this was an ordeal for him. He came forward, halted, and then, clearing his throat, said:

"I don't know that I have anything much to say, only this–that this is a very painful experience to me. I"–he looked toward the youthful culprit–"I was always fond of Henry; he was a good boy, and we all liked him." The brown head seemed to sink between its shoulders. "Yes, we all liked him, and I don't know that anything ever surprised me so much as this thing did, or hurt me more. I didn't think it of him. I feel sorry for his mother, too. I–" Ward hesitated and looked down at the floor.

The situation suddenly became distressing to every one in the court-room. And then, with new effort, Ward went on: "I didn't like to have him prosecuted, but we employ a great many men, many of them young men, and it seemed to be my duty. I don't know; I've had my doubts. It isn't the money–I don't care about that; I'd be willing, so far as I'm concerned, to have him go free now. I hope, Judge, that you'll be as easy on him, as merciful as possible. That's about all I can say."

Ward sat down in the nearest chair, and the judge, knitting his brows, glanced out of the window. Nearly every one glanced out of the window, save Graves, who stood rigid, his eyes staring at the floor. Presently McWhorter turned and said:

"Graves, have you anything to say why the sentence of this court should not be passed on you?"

The youth raised his head, looked into McWhorter's eyes, and said:

"No, sir."

McWhorter turned suddenly and looked away.

"The Court does not remember in all his career a more painful case than this," he began. "That a young man of your training and connections, of your advantages and prospects, should be standing here at the bar of justice, a self-confessed embezzler, is sad, inexpressibly sad. The Court realizes that you have done a manly thing in pleading guilty; it speaks well for you that you were unwilling to add perjury to your other crime. The Court will take that into consideration." McWhorter nodded decisively.

"The Court will also take into consideration your youth, and the fact that this is your first offense. Your looks are in your favor. You are a young man who, by proper, sober, industrious application, might easily become a successful, honest, worthy citizen. Your employer speaks well of you, and shows great patience, great forbearance; he is ready to forgive you, and he even asks the Court to be merciful. The Court will take that fact into consideration as well."

Again McWhorter nodded decisively, and then, feeling that much was due to a man of Ward's position, went on:

"The Court wishes to say that you, Mr. Ward," he gave one of his nods in that gentleman's direction, "have acted the part of a good citizen in this affair. You have done your duty, as every citizen should, painful as it was. The Court congratulates you."

And then, having thought again of the painfulness of this duty, McWhorter went on to tell how painful his own duty was; but he said it would not do to allow sympathy to obscure judgment in such cases. He talked at length on this theme, still unable to end, because he did not know what sort of guess to make. And then he began to discuss the evils of speculation, and when he saw that the reporters were scribbling desperately to put down all he was saying, he extended his remarks and delivered a long homily on speculation in certain of its forms, characterizing it as one of the worst and most prevalent vices of the day. After he had said all he could think of on this topic, he spoke to Graves again, and explained to him the advantages of being in the penitentiary, how by his behavior he might shorten his sentence by several months, and how much time he would have for reflection and for the formation of good resolutions. It seemed, indeed, before he had done, that it was almost a deprivation not to be able to go to a penitentiary. But finally he came to an end. Then he looked once more out of the window, once more twirled his eye-glasses on their cord, and then, turning about, came to the reserved climax of his long address.

"The sentence of the Court, Mr. Graves, is that you be confined in the penitentiary at hard labor for the term of one year, no part of said sentence to consist of solitary confinement, and that you pay the costs of this prosecution."

The boy sat down, held out his wrists for the handcuffs, the steel clicked, the pen scratched in the silence.

Danner got up, marshaled his prisoners, and they marched out. The eyes of every one in the court-room followed them, the eyes of Ward fixed on Graves. As he looked, he saw a woman sitting on the last one of the benches near the door. Her head was bowed on her hand, but as the procession passed she raised her face, all red and swollen with weeping, and, with a look of love and tenderness and despair, fixed her eyes on Graves. The boy did not look at her, but marched by, his head resolutely erect.