"I can pardon your abruptness," said the Judge, looking down upon the angry and excited counsellor, "for the reason that your words are almost exactly the lament of presiding Justice Mullin in the case of Scott. But, sir, this is not a matter of sentiment; it is not a matter of morality; it is not even a matter of right. It is purely and simply a matter of law, and there is no law."
The Judge unconsciously arose and stood upright beside the bench. The audience of criminals bent forward in their seats.
"I feel," he continued, "for the first time the utter inability of the law to cope with the gigantic cunning of Evil. I appreciate the utter villainy that pervaded this entire transaction. I am convinced that it was planned with painstaking care by some master mind moved by Satanic impulse. I now know that there is abroad in this city a malicious intelligence of almost infinite genius, against which the machinery of the law is inoperative. Against every sentiment of common right, of common justice, I am compelled to decide that Lemuel Barker is guilty of no crime and stands acquit."
It was high noon. The audience of criminals passed out from the temple of so-called Justice, and with them went Lemuel Barker, unwhipped and brazen; now with ample means by which to wrest his fellows in villainy from the righteous wrath of the commonwealth. They were all enemies of this same commonwealth, bitter, never wearying enemies, and to-day they had learned much. How short-armed the Law was! Wondrous marvel that they had not known it sooner! To be sure they must plan so cunningly that only the Judge should pass upon them. He was a mere legal machine.
He was only the hand applying the rigid rule of the law. The danger was with the jury; there lay the peril to be avoided. The jury! how they hated it and feared it! and of right, for none knew better than they that whenever, and where-ever, and however men stop to probe for it, they always find, far down in the human heart, a great love of common right and fair dealing that is as deep-seated and abiding as the very springs of life.
VI—THE SHERIFF OF GULLMORE
[The crime of embezzlement here dealt with is statutory. The venue of this story could have been laid in many other States; the statutes are similar to a degree. See the Code of West Virginia; also the late case of The State vs. Bolin, 19 Southwestern Reporter, 650; also the long list of ancient cases in Russell on Crimes, 2d volume.]