The Exiles and Other Stories

by Richard Harding Davis

Colonel Stogart smiled scornfully at the platitude, and sat down with an expressive shrug; but no one noticed him.

The District Attorney raised his arm and faced the court-room. "It cannot be said of us," he cried, "that we have sat idle in the market-place. We have advanced and advanced in the last ten years, until we have reached the very foremost place with civilized people. This Rip Van Winkle of the past returns to find a city where he left a prairie town, a bank where he spun his roulette wheel, this magnificent court-house instead of a vigilance committee. And what is his part in this new court-house, which to-day, for the first time, throws open its doors to protect the just and to punish the unjust?

"Is he there in the box among those honorable men, the gentlemen of the jury? Is he in that great crowd of intelligent, public-spirited citizens who make the bone and sinew of this our fair city? Is he on the honored bench dispensing justice, and making the intricacies of the law straight? No, gentlemen; he has no part in our triumph. He is there, in the prisoners' pen, an outlaw, a convicted murderer, and an unconvicted assassin, the last of his race—the bullies and bad men of the border—a thing to be forgotten and put away forever from the sight of man. He has outlasted his time; he is a superfluity and an outrage on our reign of decency and order. And I ask you, gentlemen, to put him away where he will not hear the voice of man nor children's laughter, nor see a woman smile, where he will not even see the face of the warden who feeds him, nor sunlight except as it is filtered through the iron bars of a jail. Bury him with the bitter past, with the lawlessness that has gone—that has gone, thank God—and which must not return. Place him in the cell where he belongs, and whence, had justice been done, he would never have been taken alive."

The District Attorney sat down suddenly, with a quick nod to the Judge and the jury, and fumbled over his papers with nervous fingers. He was keenly conscious, and excited with the fervor of his own words. He heard the reluctantly hushed applause and the whispers of the crowd, and noted the quick and combined movement of the jury with a selfish sweet pleasure, which showed itself only in the tightening of the lips and nostrils. Those nearest him tugged at his sleeve and shook hands with him. He remembered this afterward as one of the rewards of the moment. He turned the documents before him over and scribbled words upon a piece of paper and read a passage in an open law-book. He did this quite mechanically, and was conscious of nothing until the foreman pronounced the prisoner at the bar guilty of murder in the second degree.

Judge Truax leaned across his desk and said, simply, that it lay in his power to sentence the prisoner to not less than two years' confinement in the State penitentiary or for the remainder of his life.

"Before I deliver sentence on you, Abner Barrow," he said, with an old man's kind severity, "is there anything you have to say on your own behalf?"

The District Attorney turned his face, as did all the others, but he did not see the prisoner. He still saw himself holding the court-room with a spell, and heard his own periods ringing against the whitewashed ceiling. The others saw a tall, broad-shouldered man leaning heavily forward over the bar of the prisoner's box. His face was white with the prison tan, markedly so in contrast with those sunburnt by the wind and sun turned toward him, and pinched and hollow-eyed and worn. When he spoke, his voice had the huskiness which comes from non-use, and cracked and broke like a child's.

"I don't know, Judge," he said, hesitatingly, and staring stupidly at the mass of faces in the well beneath him, "that I have anything to say—in my own behalf. I don't know as it would be any use. I guess what the gentleman said about me is all there is to say. He put it about right. I've had my fun, and I've got to pay for it—that is, I thought it was fun at the time. I am not going to cry any baby act and beg off, or anything, if that's what you mean. But there is something I'd like to say if I thought you would believe me." He frowned down at the green table as though the words he wanted would not come, and his eyes wandered from one face to another, until they rested upon the bowed head of the only woman in the room. They remained there for some short time, and then Barrow drew in his breath more quickly, and turned with something like a show of confidence to the jury.

"All that man said of me is true," he said. He gave a toss of his hands as a man throws away the reins. "I admit all he says. I am a back number; I am out of date; I was a loafer and a blackguard. I never shot any man in the back, nor I never assassinated no one; but that's neither here nor there. I'm not in a place where I can expect people to pick out their words; but, as he says, I am a bad lot. He says I have enjoyed a reputation as a desperado. I am not bragging of that; I just ask you to remember that he said it. Remember it of me. I was not the sort to back down to man or beast, and I'm not now. I am not backing down, now; I'm taking my punishment. Whatever you please to make it, I'll take it; and that," he went on, more slowly, "makes it harder for me to ask what I want to ask, and make you all believe I am not asking it for myself."

He stopped, and the silence in the room seemed to give him some faint encouragement of sympathy, though it was rather the silence of curiosity.