About this book

Only seven were hanged

Stuart Martin

the door of the room was flung open and the light was switched on. An elderly man, clad in clerical garb, stood on the threshold. He saw Connolly and the broken pedestal in one glance. "Who are you?" he asked, not angrily, but puzzled and annoyed. He passed his thin fingers through his white hair as he advanced. "You disturbed me at early study," he said. "What do you want?" Still Connolly did not answer. The white-haired man was close to him now. His face was pale, and Connolly saw that his hands were trembling. The clergyman gazed hard at him. "You are the murderer!" Still Connolly did not answer. "What do you want here?" This time the fugitive replied, fiercely: "Food. Drink. Clothes." "Your name is Connolly?" "It is." "I recognized you from the pictures in the newspapers. It was you the village people chased." "I want food," cried Connolly. "I can give you food." "I want drink." "I can give you drink." "I want a place to hide." "I cannot give you that." They stared at each other, this desperate, worn-out man who was a murderer, and the old priest. "There is no sanctuary here," said the priest in a low tone. "The days of sanctuary are long past." Connolly groaned. "The church can offer you only one thing." "What?" cried Connolly. "Repentance!" Again Connolly groaned. Suddenly the spark of resentment that flickered in him blazed up. "I could kill you, too!" he shouted. "I know. Would that help you in any way?" Connolly had expected opposition. The admission startled him strangely. It was as if the words had disarmed him. They left him more confused than ever. "Give me," he pleaded, "give me a chance to get away." "I dare not." "What?" "The law forbids it." Connolly's last hope crashed. He recollected, in a fumbling way, that he had asked this priest to do something that would bring him under the lash of the Law--that rigid, unrelaxing force that was on his own trail, that machine that was mightier than any individual. The longer he stayed in that house the nearer the Law would creep until it laid its hand on him. He turned and was halfway out of the window when he heard the voice of the priest: "Stay here and you shall have food and drink. It is all I dare give you. All except my prayers----" Connolly heard no more. He was racing out toward the highroad. He crossed the meadows again and reached the river bank. Some distance ahead he saw a figure seated on the slope. He crept forward and saw that this man was fishing. By his side was an open basket and a pile of sandwiches lay on an open handkerchief. Connolly recognized the figure. The fisher was the man called George. Connolly was being driven by hunger. He picked up a heavy stick, part of a fallen branch of a tree, that lay on the open ground. He crept toward the man. He was within a few feet of George when he stood up, raising the stick above his head. But he did not strike. The man turned his head and looked at him. Connolly dropped the stick and dashed into the river, wading rapidly to the other side. He climbed the muddy bank and walked toward the village. The man called George followed him, but the murderer took no notice. He reached the village street and strode into the inn. The landlord behind the bar saw him and shouted: "It is the murderer! Seize him!" The murderer made no attempt to escape. The man called George was behind him and a policeman was coming in at the door. As he came forward Connolly held out his hands for the handcuffs. When they were fastened on his wrists he sat down with a strange, savage satisfaction and looked up at the man called George. "I could have killed you also," he cried. "But that would never have given me what I want most." The man called George nodded sagely. "I know," he said in a soft tone. "I saw you in the creek yesterday. I knew you stayed in the wood all day. I know how you felt. I have been a warder in my day. You murderers are all the same. You are your own prosecutors. Only yourselves can give you what you want most." "What did he want most, George?" asked the landlord. "Why did he give himself up so easy?" The answer came from the murderer as he rose to go with the constable. "The fox is treed!" he cried, wearily. "Can a man fight a nation? Take me to be hanged! At last I can rest!" CHAPTER VI _The Judge States His Third Case_ The waiter rose to his feet and pointed to the fire, which had died down during his recital. "Perhaps you would be good enough to put some coal on," he said. "You will find plenty in the coal box." The judge, whose chin was resting on the back of his hand, seemed deep in reflection; but he stirred at the suggestion. "Are you forgetting yourself? You are the servant here, are you not?" "Please do not let me insist. If I turned my back to you it is possible that you would have a temptation to do what Connolly was tempted to do to the man called George. It would have regrettable results. But if you do not feel cold----" The judge put plenty of coal on the fire and returned to his chair. His manner was austere and distant. The waiter had pushed the minute-book in front of the judge's chair and was still standing. Not until the judge resumed his seat did the waiter sit down. A silence fell on the room, broken only by the crackle of the coal on the fire. The other members of the Clue Club gave no sign of life. They sat or reclined in strange attitudes, heaped in their chairs as dead men. From the street outside came the sound of singing and music. Christmas waits were heralding the approach of the new day. "I promised you," said the waiter, "that I should answer your query about Abe Lammie's case when I had related the climax of Jeff S. Connolly's career. I propose to do so right away. First of all, I take it from what you have said that you belong to that school of crime students who believe there is such a thing as a 'born criminal': that, because of certain characteristics, some men and women are natural lawbreakers." "I certainly believe that there is a criminal class," declared the judge, somberly. "Precisely. You follow the teachings of Lombroso, who compiled charts to show that these characteristics presented physical traits such as receding foreheads, heavy jaws, and so on. But you may not be aware that at a meeting of students of criminal anthropology at Geneva it was successfully proved that most of the students themselves were not free from such traits. In a word, one has only to observe some of our most respected and most blameless leaders in the Church, in the legal or other professions, to see similar traits. This proves that charts and tables are unreliable guides. You cannot hang a man for his facial expression. Come, do not you see in me some of the facial traits that you yourself possess?" The judge cast a melancholy look on the waiter but did not answer. He regarded the comparison as excessively impudent. "If you will not admit what I suggest, then I must be content with my own belief. And you are a judge of the Criminal Court, while I am one who has stood in the dock. Luckily for you, our positions are not reversed!" The waiter was becoming positively insulting. The judge remained silent. But he was thinking of how he would deal with this man when he came up for judgment! "Opposed to the theory of Lombroso," went on the waiter, "is the classical school of thought founded, I think, by Beccaria, who held that, though every man had free will, the same punishment would not be just if applied to every case. This meant that while the crimes might be the same, the responsibility was not. These conflicting theories, I fancy, were the cause of the founding of the American Institute of Criminal Law and Criminology. The city of Chicago, perhaps appropriately, was the cradle of this organization. "One result of this classification of crime and its causes has been the inevitable classification of offenses. This has led to confusion indeed. A man may be executed for being accessory to killing another person, but he cannot be hanged for attempting to commit suicide. Cornering the food supplies of a nation so that people die is not illegal; but if a clergyman defies the rubric and substitutes his own form of service, he may be haled before a judge and jury, and severely punished. At one time it was a grave offense to refuse to listen to a sermon on Sunday. At the present time emigration is encouraged by governments where formerly it was illegal. Even now there is no clear distinction between a felony and a misdemeanor, except the vague understanding that the one is a more serious offense than the other." "Are you reading _me_ a lesson on law?" interposed the judge, sarcastically. "I am merely pointing to the confusion that exists in the penal code. This confusion exists to a fearful extent in the matter of judgment of death. You know as well as anybody that cases of depravity from the East End of cities are dealt with much more harshly than depravity that comes from the West End. Please do not deny it. There is plenty of proof. But to return to the cases of Lammie and Connolly. The root fact of these two murders, committed by these two men, is that they had their origin in conditions that punishment can never cure." "You mean that the law can never cure such criminals?" demanded the judge. "Judgment of death can only obliterate the offenders." "That is all the law desires to do, for the plain reason that society must be protected. These executions act as deterrents." "Have you stopped murder since the days of Cain? And yet----" "You have the wrong end of the argument, my friend. The judgment of death is not only a deterrent; it is necessary for the reason that the law considers the lives of its citizens to be sacred----" The judge could not continue, owing to the guffaw of derisive laughter with which the waiter interrupted his speech. "What a legal mind you have, to be sure!" cried the waiter, scornfully. "Why, your law of judgment of death, while it pretends to regard life as sacred, violates its pretense by destroying life!" The judge made a gesture of dissent, but the Waiter pursued his attack. "In the case of Abe Lammie, The Mole," he shouted in his earnestness, "society was as much to blame as he. It started him off with every encouragement to develop the very traits in his mental make-up that you declare are criminal traits. _Yet you have the audacity to take his life for being what you expected him to be!_ Is that logical, I ask you?" "Every man has free will----" "For a judge you do not show any marked clarity of thought, my lord. You apparently want to stand with a foot in the camp of Lombroso and a foot in the camp of Beccaria. It will not do. I cannot allow such loose thinking. And I am the judge in this room. What is your defense? Do you found it on Lombroso's teachings or on the school of Beccaria? I am waiting." The judge shifted his position and bit his lip. It was all intolerable; but what could he do? He became irritable. "I am not here to be cross-examined, or even examined, sir. I am here----" The waiter's long fingers gripped the handle of the bludgeon used by the barbarian Kartarus. The judge faltered, coughed, and resumed. "I am here to conduct my own case as I think fit. We are engaged on a discussion, each giving proof and support to his words by quotations from this minute-book. I say that every man has free will and must abide the result and consequence of his actions." "Then I take it that you agree with Beccaria. But he argued for