My mind dwells among my friends. The breath from the world of the living fans the smoldering fires of longing; the tone of my comrades revibrates in my heart with trembling hope. But the revision of my sentence involves recourse to the courts! The sudden realization fills me with dismay. I cannot be guilty of a sacrifice of principle to gain freedom; the mere suggestion rouses the violent protest of my revolutionary traditions. In bitterness of soul, I resent my friends' ill-advised waking of the shades. I shall never leave the house of death....
And yet mail from my friends, full of expectation and confidence, arrives more frequently. Prominent lawyers have been consulted; their unanimous opinion augurs well: the multiplication of my sentences was illegal; according to the statutes of Pennsylvania, the maximum penalty should not have exceeded seven years; the Supreme Court would undoubtedly reverse the judgment of the lower tribunal, specifically the conviction on charges not constituting a crime under the laws of the State. And so forth.
I am assailed by doubts. Is it consequent in me to decline liberty, apparently within reach? John Most appealed his case to the Supreme Court, and the Girl also took advantage of a legal defence. Considerable propaganda resulted from it. Should I refuse the opportunity which would offer such a splendid field for agitation? Would it not be folly to afford the enemy the triumph of my gradual annihilation? I would without hesitation reject freedom at the price of my convictions; but it involves no denial of my faith to rob the vampire of its prey. We must, if necessary, fight the beast of oppression with its own methods, scourge the law in its own tracks, as it were. Of course, the Supreme Court is but another weapon in the hands of authority, a pretence of impartial right. It decided against Most, sustaining the prejudiced verdict of the trial jury. They may do the same in my case. But that very circumstance will serve to confirm our arraignment of class justice. I shall therefore endorse the efforts of my friends.
But before long I am informed that an application to the higher court is not permitted. The attorneys, upon examination of the records of the trial, discovered a fatal obstacle, they said. The defendant, not being legally represented, neglected to "take exceptions" to rulings of the court prejudicial to the accused. Because of the technical omission, there exists no basis for an appeal. They therefore advise an application to the Board of Pardons, on the ground that the punishment in my case is excessive. They are confident that the Board will act favorably, in view of the obvious unconstitutionality of the compounded sentences,—the five minor indictments being indispensible parts of the major charge and, as such, not constituting separate offences.
The unexpected development disquiets me: the sound of "pardon" is detestable. What bitter irony that the noblest intentions, the most unselfish motives, need seek pardon! Aye, of the very source that misinterprets and perverts them! For days the implied humiliation keeps agitating me; I recoil from the thought of personally affixing my name to the meek supplication of the printed form, and finally decide to refuse.
An accidental conversation with the "Attorney General" disturbs my resolution. I learn that in Pennsylvania the applicant's signature is not required by the Pardon Board. A sense of guilty hope steals over me. Yet—I reflect—the pardon of the Chicago Anarchists had contributed much to the dissemination of our ideas. The impartial analysis of the trial-evidence by Governor Altgeld completely exonerated our comrades from responsibility for the Haymarket tragedy, and exposed the heinous conspiracy to destroy the most devoted and able representatives of the labor movement. May not a similar purpose be served by my application for a pardon?
I write to my comrades, signifying my consent. We arrange for a personal interview, to discuss the details of the work. Unfortunately, the Girl, a persona non grata, cannot visit me. But a mutual friend, Miss Garrison, is to call on me within two months. At my request, the Chaplain forwards to her the necessary permission, and I impatiently await the first friendly face in two years.
III
As unaccountably as my punishment in the solitary, comes the relief at the expiration of three weeks. The "K" hall-boy is still in the hospital, and I resume the duties of rangeman. The guards eye me with suspicion and greater vigilance, but I soon unravel the tangled skein, and learn the details of the abortive escape that caused my temporary retirement.