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“Take a look at the Bossard Decision,” Spanding said. “Fisher was Attorney General for his state at the time.

“Bossard was the Mayor of Waynesville–twelve thousand and something population, I forget now. Fisher didn’t even know Bossard. But when the big graft scandal came up there in Waynesville, Fisher wouldn’t prosecute. He didn’t actually refuse, but he hemmed and hawed around for five months before he really started the State’s machinery to moving. By that time, Bossard had managed to get enough influence behind him so that he could beat the rap.

“When the case came to trial in the State Supreme Court, Matt Fisher told the Court that it was apparent that Mayor Bossard was the victim of the local district attorney and the chief of police of Waynesville. In spite of the evidence against him, Bossard was acquitted.” Spanding took a breath to say something more, but Senator James Cannon interrupted him.

“Not ‘acquitted’, Harry. ‘Exonerated’. Bossard never even should have come to trial,” the senator said. “He was a popular, buddy-buddy sort of guy who managed to get himself involved as an unwitting figurehead. Bossard simply wasn’t–and isn’t–very bright. But he was a friendly, outgoing, warm sort of man who was able to get elected through the auspices of the local city machine. Remember Jimmy Walker?”

Spanding nodded. “Yes, but–“

“Same thing,” Cannon cut in. “Bossard was innocent, as far as any criminal intent was concerned, but he was too easy on his so-called friends. He–“

“Oh, crud, Jim!” the governor interrupted vehemently. “That’s the same whitewash that Matthew Fisher gave him! The evidence would have convicted Bossard if Fisher hadn’t given him time to cover up!”

* * * * *

Senator James Cannon suddenly became angry. He jammed his own cigarette butt into the ash tray, turned toward Spanding, and snapped: “Harry, just for the sake of argument, let’s suppose that Bossard wasn’t actually guilty. Let’s suppose that the Constitution of the United States is really true–that a man isn’t guilty until he’s proven guilty.

“Just suppose”–his voice and expression became suddenly acid–“that Bossard was not guilty. Try that, huh? Pretend, somewhere in your own little mind, that a mere accusation–no matter what the evidence–doesn’t prove anything! Let’s just make a little game between the two of us that the ideal of Equality Under the Law means what it says. Want to play?”

“Well, yes, but–“

“O.K.,” Cannon went on angrily. “O.K. Then let’s suppose that Bossard really was stupid. He could have been framed easily, couldn’t he? He could have been set up as a patsy, couldn’t he? Couldn’t he?”

“Well, sure, but–“

“Sure! Then go on and suppose that the prosecuting attorney had sense enough to see that Bossard had been framed. Suppose further that the prosecutor was enough of a human being to know that Bossard either had to be convicted or completely exonerated. What would he do?”

Governor Spanding carefully put his cigarette into the nearest ash tray. “If that were the case, I’d completely exonerate him. I wouldn’t leave it hanging. Matt Fisher didn’t do anything but make sure that Bossard couldn’t be legally convicted; he didn’t prove that Bossard was innocent.”

“And what was the result, as far as Bossard was concerned?” the senator asked.

Spanding looked around at the senator, staring Cannon straight in the face. “The result was that Bossard was left hanging, Jim. If I go along with you and assume that Bossard was innocent, then Fisher fouled up just as badly as he would have if he’d fluffed the prosecution of a guilty man. Either a man is guilty, or he’s innocent. If, according to your theory, the prosecutor knows he’s innocent, then he should exonerate the innocent man! If not, he should do his best to convict!”

“He should?” snapped Cannon. “He should? Harry, you’re letting your idealism run away with you! If Bossard were guilty, he should have been convicted–sure! But if he were innocent, should he be exonerated? Should he be allowed to run again for office? Should the people be allowed to think that he was lily-white? Should they be allowed to re-elect a nitwit who’d do the same thing again because he was too stupid to see that he was being used?