Three Wise Men of the East Side
While he was in the death-house Tony Scarra did a lot of thinking. You couldn’t imagine a better place for thinking; it goes on practically all the time there and intensively. But no matter where the thoughts range and no matter what elements enter into them—hope or despair, rebellion or resignation, or whatever—sooner or later they fly back, like dark homing pigeons, to a small iron door opening upon a room in which, bolted to the floor, there is a chair with straps dangling from its arms and from its legs and its head-rest—in short, the Chair. This picture is the beginning and the end of all the thinking that is done in the death-house.
Such were the facts with regard to Tony Scarra. As nearly as might be judged, he felt no remorse for the murdering which had brought him to his present trapped estate. But he did have a deep regret for the entanglement of circumstances responsible for his capture and conviction. And constantly he had a profound sense of injustice. It seemed to him that in his case the law had been most terribly unreasonable. Statistics showed that for every seventy-four homicides committed in this state only one person actually went to the Chair. He’d read that in a paper during the trial. It had been of some comfort to him. Now he brooded on these figures. Over and over and over again, brooding on them, he asked himself about it.
Why should he have to be the unlucky one of seventy-four? Was it fair to let seventy-three other guys go free or let them off with prison sentences and then shoot the whole works to him? Was that a square deal? Why did it have to be that way, anyhow? What was the sense of it? Why pick on him? Why must he go through with it? Why—that was just it—why? The question-marks were so many sharp fishhooks all pricking down into his brain and hanging on.
His calling had made a sort of fatalist out of Tony Scarra. His present position was in a fair way to make a sort of anarchist out of him.
All the way through, his lawyer kept trying to explain to him touching on the lamentable rule of averages. He was not concerned with averages though. He was concerned with the great central idea of saving his life. To that extent his mind had become a lop-sided mind. Its slants all ran the same way, like shingles on a roof that slopes.
At length there came a morning when the death-house seemed to close in on him, tighter and tighter. It no longer was a steel box to enclose him; it became a steel vise and pinched him. This Scarra was not what you would call an emotional animal, nor a particularly imaginative one. Even so, and suddenly, he saw those bolt-heads in the ironwork as staring unmerciful eyes all vigilantly cocked to see how he took the news. And his thinking, instead of being scattered, now came to a focus upon a contingency which through weeks past he had carried in the back lobe.
“I’m just as sore about this as you are, Tony,” the lawyer said. “It hurts me almost as much as it hurts you. Why, look here, yours is the first case I ever lost—the first capital case, I mean. All the others, I got ’em off somehow—acquittal or a hung jury or a mistrial or a retrial or, if it looked bad, we took a plea in the second degree and the fellow went up the road for a stretch. It’s my reputation that’s at stake in this thing; this thing is bound to hurt my record—the conviction standing and all. So naturally, not only on my own account but on yours, I’ve done everything I could—claiming reversible errors and taking an appeal and now this last scheme of asking the judges to reopen the case on the ground of newly discovered evidence. We’ve fought it along with stays and delays for nearly eight months now, going all the way up to the highest court in the state, and here today I have to come and tell you we’ve been turned down there. It’s hard on me, don’t forget that, Tony. It’ll hurt me in New York. You know what your crowd call me there—the Technicality Kid?”
“You was recommended to me as one swell mouthpiece and I sent for you and you came up and I hired you,” answered Scarra in a recapitulation of vain grievances, “and you took my jack and you kept on taking it till you milked me clean, pretty near it, and now you stand there and tell me you’re through!”