About this book

Only seven were hanged

Stuart Martin

at this stage, to make a protest and a suggestion. I have never understood the justice of putting a _suspected_ person in the dock, for the fundamental principle of penology and law is that an accused person is innocent until he is proved guilty. It follows, then, that until the verdict is given the accused is technically innocent. Do you agree?" "Technically, yes, but----" "Never mind the 'but.' You lawyers are constantly admitting arguments and then inserting a 'but.' The plain truth is that a suspected person has no legal or logical right in the dock. He is presumably innocent. I hold--and I am not alone in this--that just as the state has its public prosecutor so the accused person ought to have the services of a public defender. Do you agree?" "I am afraid----" began the judge, cautiously, and the waiter waved his hand contemptuously. "Of course you are afraid." "I am not afraid!" snarled the judge, angrily, his temper fanned to flaming condition. "But you said you were!" "I am not!" "Be careful. You say now that you are not afraid. Yet it is not a moment since you said you were afraid. Which is it to be?" "I have told you. I am not afraid--not in the sense you mean." "How do you know what sense I mean? Tell me how you are not afraid." "I am afraid"--and the judge stopped and smashed his fist tempestuously on the table, baited to active resentment and his temper now well alight, furious at having contradicted himself, raging at the misconstruction put on his words and anxious to recover from the vindictive pressure of the waiter--"I am afraid, sir, that I do not feel called upon to explain why I am not afraid." "Pray be calm," said the waiter, patiently, assuming an affectation of aggrieved innocence of all baiting intentions. "If you do not feel able to answer a plain question, or if you are afraid, as you have admitted, that you cannot tell me why you are not afraid, will you then confess at once why you are afraid you cannot tell me why you are not afraid?" "I decline to reply to foolish questions," cried the exasperated judge, his face crimson. "Very well. But I warn you that the responsibility may be grave if you persist in that attitude." The judge turned his head away and pretended to become engrossed in the ceiling. A silence ensued that might have been interminable had not the judge, after a while, happened to drop his eyes. To his astonishment, he saw the waiter doing his best to stifle laughter by holding his handkerchief over his mouth. But his eyes were brimming with suppressed mirth and his hand was holding his side. "Ah, judge," he cried, taking his handkerchief from his face, "you do not make a very good witness for the defense!" "What do you mean?" growled the judge. "Merely that you now know what a poor devil of a prisoner, or witness, feels like when a counsel roasts him in cross-examination. I have seen you yourself take a delight in the game. How do you like it now you see it from another viewpoint?" And the waiter put his handkerchief to his face again and went into a paroxysm of laughter. The judge did not deign to answer this unseemly taunt. He was more than ever convinced that the waiter was mad; but at the same time he wished that he had come out of the cunningly planned ordeal in a different fashion. "I observe," he said, coldly, "that you make no defense of the crime of Nathaniel Gore. Perhaps you have no defense and so try to hide the fact under a camouflage of boisterous, if rather forced, mirth." The waiter controlled his features and pocketed his handkerchief. "Pardon me," he retorted, with gravity, "it is you who are adopting an old legal trick. Having no case to present, it is the custom to slang the opposite side. How long will it take you to get it into your head that I am not acting for the defense? I am prosecuting." "Then I shall be glad to hear your prosecution of the law that hanged Nathaniel Gore," remarked the judge drily. "I recited the case to prove that execution did in fact act as a deterrent. I would merely add that since Gore was hanged, as he deserved to be, there has never been an attempt to steal diamonds brought from abroad by ships. If that is not deterrent, then I do not know the meaning of the word." "And so you expect to make use of the antidote in this flask and recall one of your members back to consciousness? I would be the first to admit your right to the claim if I thought it was reasonable and beyond controversy. But it does not happen to be so. As for your failure to see the reason of my mirth, that is quite understandable. Few prisoners, or witnesses, do relish the laughter in court that judges indulge in, with counsel as good supports, but which they suppress in anybody else. Their sense of humor is not the same. How can a prisoner be expected to enjoy a joke when the discussion giving rise to it involves his chance of life?" All trace of levity had now disappeared from the waiter's manner. He was once more the serious person the judge desired him to be. "And while I have mentioned executions," continued the waiter, "let me bring to your notice the remarkable methods that penal codes adopt in order to carry out the judgment of death. Each country has its own particular form of procedure. In England the method is hanging, in France it is the guillotine, in some states in America it is the electric chair. There has been some discussion of late as to which is the most humane way of killing criminals guilty of murder. The guillotine is said to be at least the swiftest, if it is the most bloody. England claims that hanging is the surest. In those states in America where hanging is adopted there is a difference in the mechanism of the scaffold. The American way is to have a heavy weight to jerk the condemned man into the air instead of the usual drop used in England. But this weight method raised a considerable protest in Connecticut when a bandit was jerked into the other world. It was held to be barbaric. "England's claim is not altogether well founded, either. There was a case some time ago where a man had to endure three successive attempts to hang him by the drop method, none of which was successful. Can you wonder that the officials present were filled with disgust? "As for the electric-chair method, it is held to be barbaric in the extreme. It is not an electric chair at all, except in name. The prisoner has to be strapped into it. He walks to it in an old suit of black generously provided by the state. His funeral clothes. How edifying and gentle is civilization! Behold, too, the paradox of one of the wardens of a famous prison where executions are carried out actually making it known that personally he is against the death penalty! Poor man, he has his job to consider. "We have had a parallel to this expression of opinion in England. The late Major Blake, at one time governor of Pentonville prison, who saw a number of executions, confessed that the whole thing sickened him. '_I cannot help asking myself,_' to quote his exact words, written after he had ceased to be a governor, '_why, when one was called upon to superintend an execution one should have been affected with such a keen sense of personal shame.... There must be something fundamentally wrong with a law which has the effect of lessening the self-respect of those whose duty it is to carry it out._' "And, by the way, how many advocates of the judgment of death would be willing to carry out the sentence? Is not it true that, according to law, the sheriffs ought to do the deed? Why, then, pay a hangman to do the thing they shrink from? Not so long ago a chief warder at Wandsworth prison, in London, committed suicide because of the haunting memories of the executions at which he had assisted. Ah, that emblem of death, the black cap, which you don with self-confessed satisfaction, your lordship, is no mere emblem of retribution focused on the victim alone!" The judge frowned, but did not interrupt, though he was sorely tempted to. He wanted to claim his point and restore one of his members to life. The waiter seemed to read his thoughts, for without more ado he began to state his third case. THE PASSIONATE CRIME Though you did not sentence Walter Seale to death [said the waiter], you will find his crime mentioned in your minute-book. You may not have been present at the meeting at which your fellow members [and he made an eloquent gesture toward the unconscious men] discussed his case and came to the conclusion that he also justly deserved to be executed. As in every case that has come up before the erudite Clue Club, all members have been entirely unanimous in their conclusions. Walter Seale has been chosen for presentation because his criminal act fits in very appropriately at this juncture. Have you not related the case of The Mole, that representative of a base stratum of the social cosmos? Is not it quite fitting, then, that a representative of another stratum should be paraded whose sentence and crime were in the same category so far as the penal code judged? After all, The Mole was a criminal who warred on society so that he might live. Walter Seale---- But you shall hear his story. When Seale had thought out his plan to the last detail he went to the Criminals' Rescue Guild, saying that his sympathies were entirely with them in their difficult work, and asked if they could provide him with a valet. He was given a choice of several men who had served considerable terms of imprisonment for various offenses. One was an ex-forger; one was an ex-"confidence" man; one was a habitual convict; one had spent many years making himself a proficient burglar. There were others, all men who had reformed after having paid the penalties of their evil-doing. Walter Seale chose Adam Jelks, the ex-burglar. "We do not wish to hide from you the fact that occasionally we are bitterly disappointed in those we try to help," was the candid admission of the secretary of the guild, "but we believe that all the men you have seen are honestly making an endeavor to go straight. At the same time, in taking them as employes, employers are accepting them at their own risk; but the men have asked for jobs, and if treated fairly they generally prove worthy of the trust. I am quite sure that Adam Jelks will turn out a good servant. If you have any complaint, please let us know." Walter Seale thereupon took Adam Jelks into his employ as valet in the small bachelor flat he rented in the West End. What Walter Seale, however, did not tell the Criminals' Rescue Guild was that he had not come to give a man a chance to build up a new and honest career, but he had come to choose a man whose past would aid him to commit a crime if the crime he contemplated was necessary; and he wanted a man who, without knowing it, would be his best defense, a sure shield against suspicion falling on Mr. Seale when and if suspicion fell at all. For several weeks Adam Jelks did his duty as valet with a willingness that no employer could question or find fault with. He took pains to show that he was worthy of his hire, that he was desirous of being able to face the world again. He was a young man, considerably younger than Walter Seale; and Seale was not much over thirty years. Jelks had a small bedroom at the flat. He had one whole day and one half-day off every week. He was treated well. He responded to the good treatment by giving good service. One afternoon, when Jelks was engaged in polishing the silver in his kitchenette, Walter Seale called to him to come at once. Jelks hastened into the sitting-room. Seale was busy with a few