"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.