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His Christmas Gift
by
So now he stood looking the judge and the jury in the face, yet hardly seeing them. He saw only the prison gates opening for him, and the gray walls shutting him out from his wife and little ones for–how many Christmases was it? One, two, three–he fell to counting them over mentally and did not hear when his lawyer whispered and nudged him with his elbow. The clerk repeated his question, but he merely shook his head. What should he have to say? Had he not said it to these men and they did not believe him? About little Vito who was lost, and his wife who cried her eyes out because of the Black Hand letters. He–
There was a step behind him, and a voice he knew spoke. It was the voice of Ammella, his neighbor, with whom he used to be friends before–before that day.
“Please, your Honor, let this man go! It is Christmas, and we should have no unkind thoughts. I have none against Filippo here, and I ask you to let him go.”
It grew very still in the court-room as he spoke and paused for an answer. Lawyers looked up from their briefs in astonishment. The jurymen in the box leaned forward and regarded the convicted man and his victim with rapt attention. Such a plea had not been heard in that place before. Portoghese stood mute; the voice sounded strange and far away to him. He felt a hand upon his shoulder that was the hand of a friend, and shifted his feet uncertainly, but made no response. The gray-haired judge regarded the two gravely but kindly.
“Your wish comes from a kind heart,” he said. “But this man has been convicted. The law must be obeyed. There is nothing in it that allows us to let a guilty man go free.”
The jurymen whispered together and one of them arose.
“Your Honor,” he said, “a higher law than any made by man came into the world at Christmas–that we love one another. These men would obey it. Will you not let them? The jury pray as one man that you let mercy go before justice on this Holy Eve.”
A smile lit up Judge O’Sullivan’s face. “Filippo Portoghese,” he said, “you are a very fortunate man. The law bids me send you to prison for ten years, and but for a miraculous chance would have condemned you to death. But the man you maimed for life pleads for you, and the jury that convicted you begs that you go free. The Court remembers what you have suffered and it knows the plight of your family, upon whom the heaviest burden of your punishment would fall. Go, then, to your home. And to you, gentlemen, a happy holiday such as you have given him and his! This court stands adjourned.”
The voice of the crier was lost in a storm of applause. The jury rose to their feet and cheered judge, complainant, and defendant. Portoghese, who had stood as one dazed, raised eyes that brimmed with tears to the bench and to his old neighbor. He understood at last. Ammella threw his arm around him and kissed him on both cheeks, his disfigured face beaming with joy. One of the jurymen, a Jew, put his hand impulsively in his pocket, emptied it into his hat, and passed the hat to his neighbor. All the others followed his example. The court officer dropped in half a dollar as he stuffed its contents into the happy Italian’s pocket. “For little Vito,” he said, and shook his hand.
“Ah!” said the foreman of the jury, looking after the reunited friends leaving the court-room arm in arm; “it is good to live in New York. A merry Christmas to you, Judge!”