When the Court adjourned for luncheon, the case for the Crown was over, and it almost seemed as if the rope of the hangman were already about the prisoner's neck.
Stowell did not leave the Court-house. He sat in his place with folded arms and closed eyes. Tommy Vondy, the gaoler, looked in on him sitting alone, and presently returned (from the direction of the Deemster's room) with a plate of sandwiches and something in a glass, but he sent back both untouched.
When the Court resumed it appeared to be still more crowded and excited than before. As the Deemster took his seat, he saw that his son's face was strongly illumined by the sun (which was now streaming from a lantern light in the roof) and that it was pale and drawn. Immediately behind Victor a lady was sitting—it was Fenella Stanley.
Then Stowell rose for the defence. There was a hush, and the Deemster found himself breathing audibly and wishing that he could pour something of himself into his son—himself as he used to be in the old days when God had given him strength.
But that was only for a moment. Stowell began slowly, almost nervously, but was soon speaking with complete command, and the Deemster, who had been bending forward, leaned back.
He did not intend to call witnesses. Neither would he put the prisoner into the box. He would content himself with the evidence for the Crown. He knew no more about the crime than the jury did. The accused had told him nothing, and degraded as they might think her, he had not thought it right to invade the sanctity of a woman's soul. That she had killed her husband was clear. If killing him was a crime she was guilty. But was it a crime? To answer that let the jury follow him while he did his best to piece together, from the evidence before them, the torn manuscript of this poor creature's story.
Then followed such speaking as none could remember to have heard in that court before. Flash after flash of spiritual light seemed to recreate the stages of the prisoner's life. First, as the child, who should have been happy as the birds and bright as the flowers, but had never known one hour of the love and guidance of her natural protectors. Next, as the young girl, pretty perhaps, with the light of love dawning on her, but betrayed and abandoned. Next, as the deserted creature, braving out her disgrace with "Wait! only wait! My gentleman will come back and marry me yet!" Next, as the badgered and shame-ridden woman, with all hope gone, saying to her despairing heart, "What do I care what happens to me now? Not a toss!" and then marrying (as the last cover for a hunted dog) the brute who afterwards had beaten her, brutalized her, cursed her, taught her to drink, and brought her down, down, down to .... what they saw.
Kill him? Yes, she had killed him—there couldn't be a doubt about that. But if she had three wounds on her body, and he had only the wound from which he died, was it not clear as noonday that she had been the victim of a murderous assault, and had struck back to save her life? If so her act was not murder and the only righteous verdict would be Not Guilty.
For the last passage of his defence Stowell faced full upon the jury, and spoke in a ringing and searching voice:
"Long ago, in Galilee, out of the supreme compassion which covered with forgiveness the transgressions of one who had sinned much but loved much, it was said, 'Let him that is without sin among you cast the first stone.' We have all done something we would fain forget, and when we lay our heads on our pillow we pray that the darkness may hide it. But does anybody doubt that if the all-seeing Justice could enter this Court this day another figure would be standing there in the dock by the side of that unhappy woman—a man in scarlet uniform perhaps, with decorations on his breast, and that the Deemster would have to say to him, 'You did this, for you were the first.' Mercy, then—mercy for the beaten, the broken, the scapegoat, the sinner."