PAGE 2
My First Jury Case
by
Such was the history of the case. The absence of any testimony in behalf of the prisoner beyond his own assertion, was painfully evident. His wife supported him in the facts, but the law did not permit a wife to testify in the husband’s case, so this evidence was unavailable.
The natural sympathy which death awakens in the human breast, especially a tragic one, had done its work even in the case of so unpopular a man as Belt, and already he was considered a martyr. The desperate lamentations and impoverished condition of his family asserted their claims, and the time of trial found public opinion greatly divided. The spark of envy in every community which had lain dormant as long as the Grants were novelties, sprung into life at their unwonted prosperity, and the gaily painted store and fanciful cottage became eyesores to more than one. Various rumors, like uncanny spirits of air, floated about till the prisoner felt himself sinking into an abyss. Once down, there seemed no power ready to lift him up.
He employed several distinguished attorneys as counsel, and I, a struggling young lawyer, whose ambition was to be worthy the mantle of an illustrious father, was also retained. There was something about the case that inspired me to the utmost of which I was capable. There was no circumstantial evidence against the prisoner. He had frankly owned to shooting the man. The issue rested upon his motive for the deed. What was the provocation? True, Belt may have threatened his life; but Belt was a drunkard, and who attached any importance to his words?
The prosecution endeavored to show that Grant, wearied with the enmity of Belt, and wishing to be rid of him, had enticed him away on the night of the killing, and shot him in cold blood. True, a chisel and pistol had been found, but how easy for the prisoner to have placed them there to carry out his plans! The dead man was proved to be a harmless character, though of intemperate habits and rough ways. His antipathy to Grant was only natural, since the latter had, by ingratiating manners, flashy advertising dodges, and a few modern tricks of trade, ruined the business of the old-fashioned, plain-sailing German.
In the hands of such skillful manipulators the case grew blacker and blacker, and the face of my client reflected the anguish he saw his wife enduring, and he powerless to comfort. He saw his beautiful, idolized boy the son of a convict, and all that had made life worth the living shattered to the dust. Closer and closer the meshes were weaving about him. The jurors sat with fixed gaze as one by one the speeches were ended. At length the honorable counsel for the prosecution concluded a powerful argument, and I saw in the faces of the twelve men that it had told.
There was but one point left for me to make, and I wondered that my distinguished brethren had passed it by. They had dwelt upon the youth and good standing of the prisoner, and the uncalled-for persecution he had suffered. They pictured in graphic words the midnight attempt upon his life at his own house. A man’s house is his castle, and he has the supreme right to defend both it and himself. They appealed to the sympathies of the jurors in behalf of the young, helpless wife and innocent child. Still there was wanting the one link in the chain of positive evidence. Sympathy was well enough. The twelve sworn men required proof. How was it to be shown them?
I was young, and I felt all the nervousness attendant upon a maiden effort, but my heart was in the work and I launched forth. Nature had given me a good voice, and I felt a certain power as I spoke. But I had not the egotism to suppose that I could compete with the learned gentlemen who had preceded me unless I could make a decided hit in summing up the testimony. This I did. When I came to the hitherto unnoticed dog, I dwelt there with a tenacity that was determined to convince. I portrayed the well-known fidelity of the dog. No matter what the master, whether fortune’s pampered darling, or a beastly denizen of the gutter, his dog was always his friend. Be he kind and gentle, or cruel and pitiless, still his dog crouches in loving submission. And the animal, whether a high-bred, glossy-coated favorite, with golden collar and silken leash, for whom hundreds had been paid, or an ill-favored, ungainly brute picked up from nowhere and as thankful for a kick as for a crust, was loyal with a fidelity that puts to shame man’s boasted friendship.