The Right of Way — Volume 01

by Gilbert Parker

"When this is over, Kathleen, I will come to you." For another quarter of an hour he exposed the fallacy of purely circumstantial evidence; he raised in the minds of his hearers the painful responsibility of the law, the awful tyranny of miscarriage of justice; he condemned prejudice against a prisoner because that prisoner demanded that the law should prove him guilty instead of his proving himself innocent. If a man chose to stand to that, to sternly assume this perilous position, the law had no right to take advantage of it. He turned towards the prisoner and traced his possible history: as the sensitive, intelligent son of godly Catholic parents from some remote parish in French Canada. He drew an imaginary picture of the home from which he might have come, and of the parents and brothers and sisters who would have lived weeks of torture knowing that their son and brother was being tried for his life. It might at first glance seem quixotic, eccentric, but was it unnatural that the prisoner should choose silence as to his origin and home, rather than have his family and friends face the undoubted peril lying before him? Besides, though his past life might have been wholly blameless, it would not be evidence in his favour. It might, indeed, if it had not been blameless, provide some element of unjust suspicion against him, furnish some fancied motive. The prisoner had chosen his path, and events had so far justified him. It must be clear to the minds of judge and jury that there were fatally weak places in the circumstantial evidence offered for the conviction of this man.

There was the fact that no sign of the crime, no drop of blood, no weapon, was found about him or near him, and that he was peacefully sleeping at the moment the constable arrested him.

There was also the fact that no motive for the crime had been shown. It was not enough that he and the dead man had been heard quarrelling. Was there any certainty that it was a quarrel, since no word or sentence of the conversation had been brought into court? Men with quick tempers might quarrel over trivial things, but exasperation did not always end in bodily injury and the taking of life; imprecations were not so uncommon that they could be taken as evidence of wilful murder. The prisoner refused to say what that troubled conversation was about, but who could question his right to take the risk of his silence being misunderstood?

The judge was alternately taking notes and looking fixedly at the prisoner; the jury were in various attitudes of strained attention; the public sat open mouthed; and up in the gallery a woman with white face and clinched hands listened moveless and staring. Charley Steele was holding captive the emotions and the judgments of his hearers. All antipathy had gone; there was a strange eager intimacy between the jurymen and himself. People no longer looked with distant dislike at the prisoner, but began to see innocence in his grim silence, disdain only in his surly defiance.

But Charley Steele had preserved his great stroke for the psychological moment. He suddenly launched upon them the fact, brought out in evidence, that the dead man had struck a woman in the face a year ago; also that he had kept a factory girl in affluence for two years. Here was motive for murder—if motive were to govern them—far greater than might be suggested by excited conversation which listeners who could not hear a word construed into a quarrel—listeners who bore the prisoner at the bar ill-will because he shunned them while in the lumber-camp. If the prisoner was to be hanged for motive untraceable, why should not these two women be hanged for motive traceable!

Here was his chance. He appeared to impeach subtly every intelligence in the room for having had any preconviction about the prisoner's guilt. He compelled the jury to feel that they, with him, had made the discovery of the unsound character of the evidence. The man might be guilty, but their personal guilt, the guilt of the law, would be far greater if they condemned the man on violable evidence. With a last simple appeal, his hands resting on the railing before the seat where the jury sat, his voice low and conversational again, his eyes running down the line of faces of the men who had his client's life in their hands, he said:

"It is not a life only that is at stake, it is not revenge for a life snatched from the busy world by a brutal hand that we should heed to-day, but the awful responsibility of that thing we call the State, which, having the power of life and death without gainsay or hindrance, should prove to the last inch of necessity its right to take a human life. And the right and the reason should bring conviction to every honest human mind. That is all I have to say."

The crown attorney made a perfunctory reply. The judge's charge was brief, and, if anything, a little in favour of the prisoner—very little, a casuist's little; and the jury filed out of the room. They were gone but ten minutes. When they returned, the verdict was given: "Not guilty, your Honour!"

Then it was that a woman laughed in the gallery. Then a whispering voice said across the railing which separated the public from the lawyers: "Charley! Charley!"

Though Charley turned and looked at the lady who spoke, he made no response.