The Prisoner at the Bar: Sidelights on the Administration of Criminal Justice

by Arthur Cheney Train

DELAY THE FIFTH

Appleboy departs. Three days later he gets another subpœna to appear before the Court of General Sessions. When the case is called, however, Maria's lawyer gets up and moves for an inspection of the grand jury minutes upon the ground that there was not sufficient evidence before that body to warrant the finding of an indictment. The judge denies this motion peremptorily, since there has already been a hearing in the police court. Upon this the attorney states that he is actually engaged in a trial of another action elsewhere. The case therefore "goes over," of necessity. Nearly three weeks have now elapsed since the theft. Presently Appleboy gets another subpœna. He trots down to court half an hour before the opening. The case is marked "Ready." He is told to remain in court, but some other case is already on trial, having lasted over from the day before, and at noon it is still in full swing. The court adjourns for an hour, from one to two. Appleboy returns obediently at that time, but the case which was on trial in the morning continues throughout the entire afternoon. He departs at four o'clock, furious.

Next morning he is dragged down again. This time, however, the case against Holohan is adjourned without date, owing to the fact that Maria's counsel has applied to the court for a commission to take testimony in Boston. They intimate that they may interpose the defence of insanity, or at least dipsomania, and evince an unaccountable eagerness to examine Maria's great aunt, who is acting as general housework girl for a minister's family in Roxbury, Mass. The district attorney strenuously opposes this motion. The judge, however, "takes the papers," as he is obliged to assume that the request is made in good faith.

DELAY THE SIXTH

Appleboy hears nothing of the case for another week. At the end of that time he gets a subpœna of a different color, and again journeys down to court. But this time he first seeks out Smith in his office and asks if there is any likelihood of the case being tried that day. Mr. Smith, whose room is thronged with witnesses, tells Mr. Appleboy that he is no longer assigned to that part of the General Sessions on whose calendar the case appears, and that another assistant, Mr. Jones, will have to try the case. He therefore conducts Mr. Appleboy to an adjoining office and presents him to Jones.

The latter receives Appleboy courteously and assures him that he will try the Holohan case the very first of all. They talk the matter over and unite in their objurgations against defendants' lawyers in general. Jones, however, is confident that this time they will succeed in disposing of the matter. They adjourn together to the court-room. But on the call of the calendar Maria's lawyer claims that one of his most material witnesses is absent, and that without him his client's interests would be jeopardized. The judge, who by this time has correctly gauged the situation, nevertheless directs him to go on with the case. The lawyer then states that he has had a bad night and feels very unwell. The judge continues unsympathetic. The assistant is openly skeptical. The attorney thereupon is suddenly taken with great pain and retires for air to the corridor outside the court-room. Nothing can be done. Perhaps the lawyer really has a pain.

The assistant shrugs his shoulders and announces that he will move the case of Michael Angelo Spaghetti, indicted for assault; the defendant is ordered to the bar, and the court directs the clerk to announce that "no other case will be tried" that day.

Appleboy drags himself with the rest of the throng through the door into the corridor. This is the third time he has practically given up an entire morning to appearing as complainant in a case which seems fated never to be tried. He goes downstairs swearing vengeance against Maria and her lawyer. This performance is repeated possibly some four or five times more with variations. But he never gets nearer than having the case marked "ready," and something always intervenes, Maria's lawyer exhibiting an almost supernatural cleverness in the invention of excuses.

On all these occasions, while awaiting the call of the calendar, Appleboy is likely to sit in close proximity to the defendant, who has been released on bail pending her trial, and who casts withering glances in his direction. Her brother Terence also seizes the opportunity presented by the various adjournments to tell Appleboy what he thinks of him and what he intends to do to him after the case has been disposed of.

The district attorney has done everything in his power to force the defence to trial, but his every attempt has been unavailing. Nevertheless, Appleboy blames him personally for every idiosyncrasy of the law and for every delay procured by the defence.