The Strange Schemes of Randolph Mason

by Melville Davisson Post

"What is the use? It is a fool motion."

"Well," continued the judge, "this matter comes up from your court to mine on appeal, and you should be correct in your ruling. What authorities were cited?"

"Here is the memorandum," said the criminal judge, "you can run down the cases if you want to, but I know it is no use. The money belonged to the county and old Allen embezzled it,—that is admitted."

To this the circuit judge did not reply. He took the memorandum which Randolph Mason had prepared for Allen, and which the local attorney had submitted, and turned to the cases of reports behind him. He was a hard-working, conscientious man, and not least among his vexatious cares were the reckless decisions of the Honorable Ephraim Haines.

The learned judge of the criminal court put his feet on the table and began to whistle. When at length wearied of this intellectual diversion, he concentrated all the energy of his mammoth faculties on the highly cultured pastime of sharpening his penknife on the back of the Code.

At length the judge of the circuit court came back to the table, sat down, and adjusted his spectacles. "Haines," he said slowly, "you will have to sustain that motion."

"What!" cried the Honorable Ephraim, bringing the legs of his chair down on the floor with a bang.

"That motion," continued the judge, "must be sustained. Moseby Allen has committed no crime under the statutes of West Virginia."

"Committed no crime!" almost shouted the criminal jurist, doubling his long legs up under his chair, "why, old Allen admits that he got this money and spent it. He says that he converted it to his own use; that it was not his money; that it belonged to the county. The evidence of the State shows that he cunningly induced Wade to turn this money over to him, saying that his bond was good, and that he was entitled to the custody of the fund. The old rascal secured the possession of this money by trickery, and kept it, and now you say he has committed no crime. How in Satan's name do you figure it out?"

"Haines," said the judge, gravely, "I don't figure it out. The law cannot be figured out. It is certain and exact. It describes perfectly what wrongs are punishable as crimes, and exactly what elements must enter into each wrong in order to make it a crime. All right of discretion is taken from the trial court; the judge must abide by the law, and the law decides matters of this nature in no uncertain terms."