The barber hurried home and sought high and low. At last he came upon the child sitting on Ammella's doorstep; he had wandered away and brought up at the grocery; asked where he had been, the child pointed to the store. Portoghese flew in and demanded to know what Ammella was doing with his boy. The grocer was in a bad humor, and swore at him. There was an altercation, and Ammella attacked the barber with a broom, beating him and driving him away from his door. Black with anger, Portoghese ran to his room and returned with a revolver. In the fight that followed he shot Ammella through the head.
He was arrested and thrown into jail. In the hospital the grocer hovered between life and death for many weeks. Portoghese lay in the Tombs awaiting trial for more than a year, believing still that he was the victim of a Black Hand conspiracy. When at last the trial came on, his savings were all gone, and of the once prosperous and happy man only a shadow was left. He sat in the court-room and listened in moody silence to the witnesses who told how he had unjustly suspected and nearly murdered his friend. He was speedily convicted, and the day of his sentence was fixed for Christmas Eve. It was certain that it would go hard with him. The Italians were too prone to shoot and stab, said the newspapers, and the judges were showing no mercy.
The witnesses had told the truth, but there were some things they did not know and that did not get into the evidence. The prisoner's wife was ill from grief and want; their savings of years gone to lawyer's fees, they were on the verge of starvation. The children were hungry. With the bells ringing in the glad holiday, they were facing bitter homelessness in the winter streets, for the rent was in arrears and the landlord would not wait. And "Papa" away now for the second Christmas, and maybe for many yet to come! Ten, the lawyer and jury had said: this was New York, not Italy. In the Tombs the prisoner said it over to himself, bitterly. He had thought only of defending his own.
So now he stood looking the judge and the jury in the face, yet hardly seeing them. He saw only the prison gates opening for him, and the gray walls shutting him out from his wife and little ones for—how many Christmases was it? One, two, three—he fell to counting them over mentally and did not hear when his lawyer whispered and nudged him with his elbow. The clerk repeated his question, but he merely shook his head. What should he have to say? Had he not said it to these men and they did not believe him? About little Vito who was lost, and his wife who cried her eyes out because of the Black Hand letters. He——
There was a step behind him, and a voice he knew spoke. It was the voice of Ammella, his neighbor, with whom he used to be friends before—before that day.
"Please, your Honor, let this man go! It is Christmas, and we should have no unkind thoughts. I have none against Filippo here, and I ask you to let him go."
It grew very still in the court-room as he spoke and paused for an answer. Lawyers looked up from their briefs in astonishment. The jurymen in the box leaned forward and regarded the convicted man and his victim with rapt attention. Such a plea had not been heard in that place before. Portoghese stood mute; the voice sounded strange and far away to him. He felt a hand upon his shoulder that was the hand of a friend, and shifted his feet uncertainly, but made no response. The gray-haired judge regarded the two gravely but kindly.
"Your wish comes from a kind heart," he said. "But this man has been convicted. The law must be obeyed. There is nothing in it that allows us to let a guilty man go free."
The jurymen whispered together and one of them arose.
"Your Honor," he said, "a higher law than any made by man came into the world at Christmas—that we love one another. These men would obey it. Will you not let them? The jury pray as one man that you let mercy go before justice on this Holy Eve."