THE ADMONITION OF CAIN.

Press, Volume LX, Issue 11580, 11 May 1903, Page 4

THE ADMONITION OF CAIN.

By Charles Oahet. The District Attorney sprang to his feet and faced the Court. His eyes were blazing, his face white with passion. "If your Honour please," he broke out wrathfully, "I shall refuse to try any more cases before this Court. Hereafter, when your Honour is on the Bench, my deputy will appear on behalf of the people." The Judge regarded him with cold severity. "Mr Maitland," he replied in those impassive, judicial accents which had grown so to grate upon the other's ears, "in view of your natural disappointment at the result of the action just concluded, the Court is willing for the present to overlook thiß affront to its dignity. But," he added with a tightening of his thin lips, "unless suitable apology is made in open court before to-morrow morning, I shall be forced to hold you as in contempt. I have no desire to threaten; still, it may be well for you to remember that tho Court has not only the power of fine and imprisonment, but may also remove you from office, or even disbar you from the practice of law." Other than by a curt little nod of acknowledgment, Maitland gave no show of heed to the stern reproof. Instead, his manner was almost insolently defiant as he banged down into his seat and began turning over the papers on his desk, scanning their contents with an air of exaggerated interest. It is doubtful, how CTer, if he sensed a single phrase ho read, for the charajoters danced up and down before his vision, his hands shook as though with ague, his brain was seething in a tempest of angry remonstrance. His brother's action was intolerable, outrageous, the Emit of judicial tyranny! Yet, it was no more than might have been expected of him. Even in their boyhood Henry had always been a churlish, overbearing brute. Apologise to him? Never; not if ho were made to suffer the penalty of contempt twenty times over. This petty autocrat would disbar him, would he? Very well, let him try it. But there would come a reckoning some day 1 "Oh," he .ground his teeth in impotent rage, "is it any wonder that men are tempted to take the law into their own hands when they can see such rank injustice flourishing on the very bench itself?" Judge Maitland and the District Attorney were brothers in blood; but in temperament their natures were as far apart as the antipodes; the one dispassionate, icy, equable, the other warm, open-hearted and impulsive. Moreover, their official relations had tended to emphasise these variances, for, cynical of what he termed "Horace's loose and slipshod methods," the Judge's rulings on any mooted point had unintermittently been opposed to his brother. If there were the shadow of a question raised, the preference was always given to the other side. Yet Judge Maitland was not wilfully unfair. It was with him rather an exaggerated fear that his real interest in Horace's success might lead him to betray an undue partiality, and as a result of this supersensitiveness he had drifted to the other

extreme. The younger man, ignorant of the true motives which actuated his reserved and undemonstrative kinsman, only recognised that he was being made the victim of an apparent persecution. He chafed under tho restrictions placed upon him, and to his friends bitterly resented tho attitude of the Court. Still", he had managed to refrain from any public outburst until that morn- ' ing. when by an autocratic dictum the Judge had turned his hard-won victory into defeat. The case was that of Richard Lewis, an old coloured man, indicted for the killing of his brother. The ciitruinstancefi had apparently marked the affair as one of justifiable homicide, and popularly there had been I small doubt of an acquittal. The District Attorney, however, had chosen to take an opposite view. Heart and soul he threw himself into his contention, and by the very earnestness of his belief had overswept the ; preconceived notions of the community and ' secured a verdict of murder in the second degree. Lideed. the jurors admitted that, , had it not been for the advanced age of the • j defendant, an agreement could have been j made upon.the higher count. It was a, brilliant achievement for the I youthful prosecutor, and not unnaturally j he had been considerably elated over the ; rwult; but now the had turned his triumph into discomfiture by incontinently act-ting aside the verdict as opposed to the .•weight of evidence, and announcing his 'willingness to accept a plea of guilty to assault- and battery, tiie major penalty for which wa.s a mere six months' imprisonment • in the county gaol. It was the laat .straw. '. Mainland's smothered resentment flared up i in a blaze of defiance before this arbitrary : exercise of power. In contrast to Horace's irate mood, h!s brother sat upon the bench as icily comj posed as ever, apparently utterly unruffled by the incident. There was a crowd of 'prisoners before him for sentence, and he rendered to each one hia due, unswayed by appeals to sympathy or prejudice, dealing out absolutely impartial justice in so far as he was cognisant of the circumstances. I The last of the unfortunates to come

him woa the old negro whom his fiat h_d just, saved from a. lifelong term behind the <nim vails of the State's prison. When tiie judo's words had first removed that dread co°ntingencv from the prisoner's mind, he had straightened up and turned a look of beaming gratitude upon his deliverer; but aftowaxd", when the altercation took place between the two ofhcia_, the smde might have been seen to die upon li- bp». and he sank back into the indifferent yet attitude he had maintained throughout the "Tt'is doubtful, perhaps, if he grasped the legal significance of their debate; but the underlying aninius of it was plain to him, and he" saw that their contention centred on himself. Thereafter, he sat with bowed head, glancing uneasily from, one to the other of the disputants, bis brow furrowed with thought, his knotted, toil--worn old hands twisting and intertwisting in his At last his itum came. "Riuhard Lewis, stand up!" There was no change in the Court's perfunctory manner of uddress. "Have you anything to say why sentence of law "should" not be passed upon you'i"

The old nutn hesitated a moment, an undecided expression upon hie dusky countenance. Then he seemed to make a sudden resolution. Shuffling forward a few steps toward the bench, he lifted up his voice. " F yo' 'Onah please." he said, apologetically, "an' ef yo' kin spah me a few minits o' yo' time, dah is somep'n I'd like to 6peak on. In oo'se, jedge, de case is all ober an' done ■wid now, an' I sho'ly is 'bleeged to yo' Onah fo' lettin* me down so light; but, ef it don' make no duff'runce to yo", er," turning toward Horace with a deferential little duck, "to yo' brudder, dah, 1 would like to say a few wuds."

Consumed with his own grievance, the District Attorney had paid scant attention to the old fellow's rambling introductory, until the reference to himself was made; then, something in the half-appealing gaze directed toward him caught his interest.

"Go on," nodded the judge, stifling a yawn. "You are at liberty to make any statement you think the court should hear in explanation or extenuation of your crime."

"Yassir," puzzled a little at tiio words, but catching tie drift of the permission, "but 'taint to '6plane, nor yet to 'stenuate dat I wants to talk." He halted a moment, then added in a low tone: "It's to tell de trufe."

"Jedge," the words were coming more easy, nciw that the start had been made, "Marso Hor'ee, dah, he done said some mighty mean tings 'bout me in dis yer trial, but he didn't say not a wud dat wuzn't straight as de Gospil o' St. John. I planned to git Jack in de fight, I planned to let. 'im git in de fust lick, an' I planned befo'hand dat I'd kill im' de minit he done laid a finger on me." For onco in his life Judge Maith_td's iron composure was broken. As the negro finished a dull red flush crept across his pallid face. He took off his eyeglasses, polished them vigorously, fixed them on his nose, and then taking them off, commenced to polish anew.

"Richard Lewis," he stammered, "do you realise what your are saying? This is really the most astounding— Then he regained in a measure his self-control. "You are £ree, of course, to make any statement you see fit," he said sharply to the prisoner; "but I feel it my duty to inform you that the court does not insist upon it. Whatevery you may say is entirely at jour own volition."

Counsel for the defendant hurried forward, and commenced, ah angry buzzing at his client's ear; but the old man manifestly was deaf to all expostulations or entreaties. The lawyer turned from him with a vanquished shako of the head.

"My client insists on his right to speak, your Honour. I hope I need not assure you and tihe other members of the bar that the information he has just vouchsafed' is as complete a surprise to me as it is to yourself." The interruption over, Lew— addressed the Court again.

"Kin I go on now?" he asked, calmly.

As the judge nodded assent, the attorneys within the railing, curious to hear, drew closer about> the old man. Horace Maitland leaned forward eagerly in his seat, his eyes glistening at this unexpected confirmation of his claims.

"I don' rightly know jes' whah to c'mmence, jedge. xV see, dere wuz sich a lot o' tings dat didn't nebber come out in de trial; but I 'low dat de bes' way'd be to staht in at de beginnin', an' tell it all.

"Yo' nuts' onde'stan' dat Jack an' me, foj all we wuz brudders, wuz ez diffrunt each f'om t'udder ez a guinea-hen is f'om a pea-fowl. Dat wuz alius de way wid us, even f'om de time we wuz bofe knee-high to a duck. I wuz sot o' easy-goin'—quick to git mad, maybe, but jes' ez quick to make up. But lie wuz one o' dem smeerin', biggety folks wat 'lows dere am' no right way

o' doin' nuffln' cep'n jes' deir own way.'* The District Attorney gave a quick, furtive glance in the direction of the bench, but the judge's face was turned away fronv him. He was gazing steadily outof the window, li_ jaw set in a hard, obstinatd line.

"Well," continued the negro, "I went away,.and I lived out dab. in Nebrasiy fo' goin' on thutty yeahs; an' suttainly ha dat time I done disreinembah conside'ble Vat dat ar Jack wuz recly like. So, we'en I come home bruk, an' he 'low dat I kin wuk fo' 'im. 'peared to me like he wuz a brudder fo' suah. "I'wuxn" long, dough, afo' I foun* out my mistake. He's daid now, gern'meu, an' maybe I oughtn' say it; but, 'fo' Gawd, ef dey evah wuz a onreasonable, pestiferous critter on dis yuth, dat Jack wuz 'im.

"•Ef I wants to do a ting one "way, he wua alius fo' doin' it de yutheh; ef I say somep'n am w'ite, he up an' swah it am black. Cose I wuz a wukkin' for 'iin, an' tnos' gin'ally I give in. Seein's he wuz my boss, dat wuzn't no mo'n right, vo' know. But, all de same, it kep' kind o' r.mklin" down deep in me, an' de debbil wua a layin' dero> jes' a •waitia' 'till I got my mad" up rijjht.

"Fin'Hy 'long comes dis yer job o' white, washin' down 't Mistah Kendrick's, wa'fc yo' heered all 'bout at. do trial; an' I held dat de right place to buy do lime wuz t.p at de gashouse, kase it wuz cheapen. " 'Wat yo' know 'bout xtV says he, wid dat uppish smile o' his'n. Tee been buyin' my lime down to de coal-yahd fo' twenty yeahs, an' I am' gwine quit now.' " 'IVuzn't so much wat he done said; but dat smile an' dab big way o' his'n, it jes' make me bile same's a pot. " 'Yes, some folks is so sot in deir ways,' says I, 'dat dey won' listen to no sense, even ef tis money in deir pockets,' I says. ""I guess I knows""* my business,' says Jack slow-like, a cuh__' has lip, 'an' what's mo', yo' is paid to wuk, an' not stan' roun', givin' 'vice to de boss.'

" 'Boss er no boss,' I snaps back, 'yo' a jackass!' I says. 'Jes' a plain jackass!* "'Yo' is discharged I* ha roans. M fiaha yo'! Don' yo' come 'roun' here no mo' I"

"Well, sruh, jedge, one wud bring- on anuddeh, an' so it went. I cain't rightly say to dis day w'ieh etahted de scrap; wedder I hits hint fust, er wedder he done hit me. Dat. is"—gulping as he hurriedly interrupted the floodtide of his remarks— "I mean ter say dat de plan I done planned come off. I let 'im swipe me onct, an* den I smashed down wid a club dat wuz a layin'—dat I'd done laid dah on de grouu" all ready fo' de 'casion."

He faltered and seemed strangely confused as he reached this part of his narration, but in a moment he had gathered himself together and went on: "Trufe to tell, jedge, I don' rightly 'membah nuffin' a'ter dat, till I come to myse'f an' seen Jack a-layin' dah in font o' me wid de side o' his head caved in, an' me a stand in' dah wid de club in my ban.

"But, jedge," the old man's voice grew impressive, "an' dis am w*at I want to tell yo': awake er asleep, I hain't neveh been able to git dat sight out'n my eyes. I kin see ev'y brick in dat paWnt w at he wua a-layin' on jes' ez plain ez ef it wuz yere ou dis flo'. I kin see 'im kind o' wriggle a minit, an' den lay still; an' I kin see de blood a orawlin' an' a crawlin' oveh de bricki up to my feet. It wuz jes' ez still, jedge, ea 'tis in dis room dis ve'r minit; but it seem to me like dey wuz a hundred, thousan', millyun v'ces, all a hollcrin' an' a screeohkk' at me: 'Yo' done killed yo' bruddeh! Yo' done killed yo' bruddeh!"'

A dusk pallor had risen to old Richard's face as he recalled the tragic scene; his brow was damp with a cold perspiration; his eyes bore an expression of abiding horror.

"B'leeve me or not, ez yo' choose, Mistah MaitJan'," he added, solemnly, turning and addressing his remarks directly to Horace, "pestiferous ez. Jack wuz, I'd take da* life sentence yo' done got fo' me in a mindt ef it'd on'y bring 'im back. "A'ter dey as gone, yo' don' seem to think no mo' 'bout deir biggety ways. All I 'membahs on now is 'bout de times w'en me an' Jack wuz boys; how he took a whoppin' anct dat mammy'd done laid up fo"' me; on* 'bout de times w'en I'd git run in, am' how he alius up on' paid my fines; an' 'bout de time w'en I hod de feveh, on' " The old man's voice brake; be furtively wiped __ eyes on the back of his hand.

"An* b'leeve me. or not, jedge," ha resumed, "I 'low dat Jack, whaheveh he is, ain't none 100 happy a thinkin' how he goaded me on, an', pestered m* and 11 ust rated me, w'en he sees all de trouble I'se got myse'l into on account ob it.

"Oh, I'll tell yo', gem'mem," he cried, "it's awful ting fo' bruddehs to qua'll dat a way. I " He checked himself _ though, having intended <to speak further, he had suddenly changed his mind. "1 guess dats all Ise got to say, jedge. Yell 'scuise me, sub, fo' takin' up so much b' yo' time. No 'fence, I hope, Jedge; w 'fence." And with many obsequious bow« to the Court lie resumed his seat.

After he had finished the silence in the court-room was ho intense that the ticking of the clock upon the wall fairly shivered the atmosphere with its rhythmic beats. The laughter of the Sheriff's children playing in the gaolyard floated through the windows with startling distinctness. The Judge sat with his elbows upon his desk, his face between his hands. Finally he raised his head.

"Gentlemen of the bar," he said to the assembled lawyers, "I am called on to impose sentence and I find myself perplexed. In a case like this, what is my duty? What does justice demand to the living to the dead, and to society at large? Mr District Attorney," he turned to bis brother, and in this manner as well as in the faint smile that quivered on his lips, it was almost as though he were timidly Stretching forth a hand to seek the other's in fraternal grasp, "will you not act as amicus curiae, and advise the Court?"

The two men's eyes met in a long, intent gaze. "If your Honour please," returned the younger, softly, "I have no question either of your Honour's ability or of your willingness to do substantial justice both now ar.d always. If, however, you desire my counsel, I should urge the mildest sentence permitted under the law. The prisoner's punishment _ already heavier than any which you or I could impose upon him." Th& Judge gravely bowed assent. "To-morrow, Mr Maitland," he said, referring to the calendar, "we will take up the case of the State against Henderson "