"The real criminals in this case, your honor, are the last two witnesses—adults of responsible years, and one of them, at least, enjoying a reputable position. They were the receivers of the stolen goods and the encouragers of the crimes. Were I prosecuting attorney, I should suspend the cases against the young defendants until justice had been done to both of these maturer thieves.
"I cannot look upon the deed committed on the lonely roadside at Hillsborough as a serious offense, for which our code provides a penalty. It was a prank, played in the ebullient spirit of mischief, but given an ambiguous color by Miss Barlow's well-meant outcry of warning. Evil resides in the intentions of the mind. Not until Fenton and Watts disposed of the property which was not theirs was their misdemeanor consummated and an unhappy practical jest warped into a legal theft.
"Even then, I might recommend clemency to all three offenders, on account of their youth and the restitution of the property. For I have no doubt that the missing bicycle will be found installed beside the meerschaum pipe in Simon Rabofsky's back room. But, considering the evil associations which these boys have formed, and their unfortunate homes, Fenton having no mother and Watts an intemperate one, I believe that a short period of retirement, under the regular discipline of the reformatory, would be of advantage to them.
"But the case of Riley is different. His character is better than that of the others. He is fortunate in possessing an excellent mother, who depends upon him in part for support. Moreover, the refusal on his part to dispose of the bicycle, against a pressure few boys of his age could resist, shows a moral courage which is exceedingly rare in my experience, and which only needs fostering to develop its possessor into an admirable man. I, therefore, respectfully suggest that Riley be placed on probation."
If the judge were not so new to the bench he would have known that Shagarach's addresses were always brief. But, knowing the great lawyer only by reputation, he judged that the brevity of his plea denoted a perfunctory interest in the case. The sentencing was deferred until 4 o'clock, when a whole batch of prisoners filed into the "cage," one after another, to receive their punishments.
"Ochone!" cried a maundering old woman after every sentence, and even the court officers whispered to each other:
"Perkins is having a picnic to-day."
But there was little severity in the sentence accorded to the white-faced youth who came just before the three gamins. Emily recognized in amazement Mr. Arthur Kennedy Foxhall.
"In consideration of your social standing," said the judge, "of your promise to reform and of the fact that your weakness is one which injures only yourself, I will mitigate the penalty."
Then the clerk read out a fine of $20 and costs. The opium parlors of Hi Wong King had recently been raided. That is to say, four tall, youngish men had entered one evening and called for dinner. For Hi Wong King's restaurant was open to all. Chicken wings had been served them and an aromatic salad. Jelly pats had been dropped over their heads into dainty plates, on which droll baboons scratched their heads and tigers grimaced fiercely. Such is the art of the orient. Tea leaves newly steeped in a bowl had taught them their first lesson in the needlessness of sugar and milk; and they had practiced with the merry chopsticks, a pair in each hand. Then, by way of diversion, they broke through the painted screens into Hi Wong King's rear parlors and arrested eight opium smokers, Mongol and Caucasian, of both sexes; among these one who was dreaming over a peculiarly elegant pipe proved to be Emily's admirer.