Senator James Cannon suddenly became angry. He jammed his own cigarette butt into the ash tray, turned toward Spanding, and snapped: "Harry, just for the sake of argument, let's suppose that Bossard wasn't actually guilty. Let's suppose that the Constitution of the United States is really true—that a man isn't guilty until he's proven guilty.
"Just suppose"—his voice and expression became suddenly acid—"that Bossard was not guilty. Try that, huh? Pretend, somewhere in your own little mind, that a mere accusation—no matter what the evidence—doesn't prove anything! Let's just make a little game between the two of us that the ideal of Equality Under the Law means what it says. Want to play?"
"Well, yes, but—"
"O.K.," Cannon went on angrily. "O.K. Then let's suppose that Bossard really was stupid. He could have been framed easily, couldn't he? He could have been set up as a patsy, couldn't he? Couldn't he?"
"Well, sure, but—"
"Sure! Then go on and suppose that the prosecuting attorney had sense enough to see that Bossard had been framed. Suppose further that the prosecutor was enough of a human being to know that Bossard either had to be convicted or completely exonerated. What would he do?"
Governor Spanding carefully put his cigarette into the nearest ash tray. "If that were the case, I'd completely exonerate him. I wouldn't leave it hanging. Matt Fisher didn't do anything but make sure that Bossard couldn't be legally convicted; he didn't prove that Bossard was innocent."
"And what was the result, as far as Bossard was concerned?" the senator asked.
Spanding looked around at the senator, staring Cannon straight in the face. "The result was that Bossard was left hanging, Jim. If I go along with you and assume that Bossard was innocent, then Fisher fouled up just as badly as he would have if he'd fluffed the prosecution of a guilty man. Either a man is guilty, or he's innocent. If, according to your theory, the prosecutor knows he's innocent, then he should exonerate the innocent man! If not, he should do his best to convict!"