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dignation。 But my client will not permit that the veil be drawn from scenes that would bring shame to the honoured name he wears。〃
With consummate art the lawyer turned the minds of the jury from the element of personal vengeance in the crime committed to that of retribution for political infidelity; till under his manipulation the prisoner was made to appear in the role of patriot and martyr doomed to suffer for his devotion to his cause。
〃But; gentlemen; though I might appeal to your passions; I scorn to do so。 I urge you to weigh calmly; deliberately; as cool; level… headed Canadians; the evidence produced by the prosecution。 A crime has been committed; a most revolting crime;one man killed; another seriously wounded。 But what is the nature of this crime? Has it been shown either to be murder or attempted murder? You must have noticed; gentlemen; how utterly the prosecution has failed to establish any such charge。 The suggestion of murder comes solely from the man who has so deeply wronged and has pursued with such deadly venom the unfortunate prisoner at the bar。 This man; after betraying the cause of freedom; after wrecking the prisoner's home and family; after proving traitor to every trust imposed in him; now seeks to fasten upon his victim this horrid crime of murder。 His is the sole evidence。 What sort of man is this upon whose unsupported testimony you are asked to send a fellow human being to the scaffold? Think calmly; gentlemen; is he such a man as you can readily believe? Is his highly coloured story credible? Are you so gullible as to be taken in with this melodrama? Gentlemen; I know you; I know my fellow citizens too well to think that you will be so deceived。
〃Now what are the facts; the bare facts; the cold facts; gentlemen? And we are here to deal with facts。 Here they are。 There is a wedding。 My learned friend is not interested in weddings; not perhaps as much interested as he should be; and as such apparently; he excites the pity of his friends。〃
This sally turned all eyes towards Mrs。 Fitzpatrick; and a broad smile spread over the court。
〃There is a wedding; as I was saying。 Unhappily the wedding feast; as is too often the case with our foreign citizens; degenerates into a drunken brawl。 It is a convenient occasion for paying off old scores。 There is general melee; a scrap; in short。 Suddenly these two men come face to face; their passions inflamed。 On the one hand there is a burning sense of wrong; on the other an unquenchable hate。 For; gentlemen; remember; the man that hates you most venomously is the man who has wronged you most deeply。 These two meet。 There is a fight。 When all is over; one man is found dead; another with a wound in his breast。 But who struck the first blow? None can tell。 We are absolutely without evidence upon this point。 In regard to the Polak; all that can be said is this; that it was a most unfortunate occurrence。 The attempt to connect the prisoner with this man's death has utterly failed。 In regard to the man Rosenblatt; dismissing his absurdly tragic story; what evidence has been brought before this court that there was any deliberate attempt at murder? A blow was struck; but by whom? No one knows。 What was the motive? Was it in self…defence warding off some murderous attack? No one can say。 I have as much right to believe that this was the case; as any man to believe the contrary。 Indeed; from what we know of the character of this wretched traitor and thief; it is not hard to believe that the attack upon this stranger would come from him。〃
And so O'Hara proceeded with his most extraordinary defence。 Theory after theory he advanced; quoting instance after instance of extraordinary killings that were discovered to be accidental or in self…defense; till with the bewildered jury no theory explanatory of the crime committed in the basement of Paulina's house was too fantastic to be considered possible。
In his closing appeal O'Hara carried the jury back to the point from which he had set out。 With tears in his voice he recounted the scene of the parting between the prisoner and his children。 He drew a harrowing picture of the unhappy fate of wife and children left defenceless and in poverty to become the prey of such men as Rosenblatt。 He drew a vivid picture of that age…long struggle for freedom carried on by the down…trodden peasantry of Russia; and closed with a tremendous appeal to them as fathers; as lovers of liberty; as fair…minded; reasonable men to allow the prisoner the full benefit of the many doubts gathering round the case for the prosecution; and set him free。
It was a magnificent effort。 Never in all his career as a criminal lawyer had O'Hara made so brilliant an attempt to lift a desperate case from the region of despair into that of hope。 The effect of his address was plainly visible upon the jury and; indeed; upon the whole audience in the court room。
The judge's charge did much to clear the atmosphere; and to bring the jury back to the cold; calm air of Canadian life and feeling; but in the jury room the emotions and passions aroused by O'Hara's address were kindled again; and the result reflected in no small degree their influence。
The verdict acquitted the prisoner of the charge of manslaughter; but found him guilty on the count of attempted murder。 The verdict; however; was tempered with a strong recommendation to mercy。
〃Have you anything to say?〃 asked the judge before pronouncing sentence。
Kalmar; who had been deeply impressed by the judge's manner during his charge to the jury; searched his face a moment and then; as if abandoning all hope of mercy; drew himself erect and in his stilted English said: 〃Your Excellency; I make no petition for mercy。 Let the criminal make such a plea。 I stand convicted of crime; but I am no criminal。 The traitor; the thief; the liar; the murderer; the criminal; sits there。〃 As he spoke the word; he swung sharply about and stood with outstretched arm and finger pointing to Rosenblatt。 〃I stand here the officer of vengeance。 I have failed。 Vengeance will not fail。 The day is coming when it will strike。〃 Then turning his face toward the group of foreigners at the back of the room he raised his voice and in a high monotone chanted a few sentences in the Russian tongue。
The effect was tremendous。 Every Russian could be picked out by his staring eyes and pallid face。 There was a moment's silence; then a hissing sound as of the breath drawn sharply inward; followed by a murmur hoarse and inhuman; not good to hear。 Rosenblatt trembled; started to his feet; vainly tried to speak。 His lips refused to frame words; and he sank back speechless。
〃What the deuce was he saying?〃 enquired O'Hara of the Interpreter after the judge had pronounced his solemn sentence。
〃He was putting to them;〃 said the Interpreter in an awed whisper; 〃the Nihilist oath of death。〃
〃By Jove! Good thing the judge didn't understand。 The bloody fool would have spoiled all my fine work。 He would have got a life term instead of fourteen years。 He's got enough; though; poor chap。 I wish to Heaven the other fellow had got it。〃
As the prisoner turned with the offic