Part 23
RUTH. The day he was taken away, sir. It was the day we were to have started.
FROME. Oh, yes, the morning of the arrest. Well, did you see him at all between the Friday and that morning? [RUTH nods] What was his manner then?
RUTH. Dumb--like--sometimes he didn't seem able to say a word.
FROME. As if something unusual had happened to him?
RUTH. Yes.
FROME. Painful, or pleasant, or what?
RUTH. Like a fate hanging over him.
FROME. [Hesitating] Tell me, did you love the prisoner very much?
RUTH. [Bowing her head] Yes.
FROME. And had he a very great affection for you?
RUTH. [Looking at FALDER] Yes, sir.
FROME. Now, ma'am, do you or do you not think that your danger and unhappiness would seriously affect his balance, his control over his
## actions?
RUTH. Yes.
FROME. His reason, even?
RUTH. For a moment like, I think it would.
FROME. Was he very much upset that Friday morning, or was he fairly calm?
RUTH. Dreadfully upset. I could hardly bear to let him go from me.
FROME. Do you still love him?
RUTH. [With her eyes on FALDER] He's ruined himself for me.
FROME. Thank you.
He sits down. RUTH remains stoically upright in the witness-box.
CLEAVER. [In a considerate voice] When you left him on the morning of Friday the 7th you would not say that he was out of his mind, I suppose?
RUTH. No, sir.
CLEAVER. Thank you; I've no further questions to ask you.
RUTH. [Bending a little forward to the jury] I would have done the same for him; I would indeed.
THE JUDGE. Please, please! You say your married life is an unhappy one? Faults on both sides?
RUTH. Only that I never bowed down to him. I don't see why I should, sir, not to a man like that.
THE JUDGE. You refused to obey him?
RUTH. [Avoiding the question] I've always studied him to keep things nice.
THE JUDGE. Until you met the prisoner--was that it?
RUTH. No; even after that.
THE JUDGE. I ask, you know, because you seem to me to glory in this affection of yours for the prisoner.
RUTH. [Hesitating] I--I do. It's the only thing in my life now.
THE JUDGE. [Staring at her hard] Well, step down, please.
RUTH looks at FALDER, then passes quietly down and takes her seat among the witnesses.
FROME. I call the prisoner, my lord.
FALDER leaves the dock; goes into the witness-box, and is duly sworn.
FROME. What is your name?
FALDER. William Falder.
FROME. And age?
FALDER. Twenty-three.
FROME. You are not married?
FALDER shakes his head
FROME. How long have you known the last witness?
FALDER. Six months.
FROME. Is her account of the relationship between you a correct one?
FALDER. Yes.
FROME. You became devotedly attached to her, however?
FALDER. Yes.
THE JUDGE. Though you knew she was a married woman?
FALDER. I couldn't help it, your lordship.
THE JUDGE. Couldn't help it?
FALDER. I didn't seem able to.
The JUDGE slightly shrugs his shoulders.
FROME. How did you come to know her?
FALDER. Through my married sister.
FROME. Did you know whether she was happy with her husband?
FALDER. It was trouble all the time.
FROME. You knew her husband?
FALDER. Only through her--he's a brute.
THE JUDGE. I can't allow indiscriminate abuse of a person not present.
FROME. [Bowing] If your lordship pleases. [To FALDER] You admit altering this cheque?
FALDER bows his head.
FROME. Carry your mind, please, to the morning of Friday, July the 7th, and tell the jury what happened.
FALDER. [Turning to the jury] I was having my breakfast when she came. Her dress was all torn, and she was gasping and couldn't seem to get her breath at all; there were the marks of his fingers round her throat; her arm was bruised, and the blood had got into her eyes dreadfully. It frightened me, and then when she told me, I felt--I felt--well--it was too much for me! [Hardening suddenly] If you'd seen it, having the feelings for her that I had, you'd have felt the same, I know.
FROME. Yes?
FALDER. When she left me--because I had to go to the office--I was out of my senses for fear that he'd do it again, and thinking what I could do. I couldn't work--all the morning I was like that--simply couldn't fix my mind on anything. I couldn't think at all. I seemed to have to keep moving. When Davis--the other clerk--gave me the cheque--he said: "It'll do you good, Will, to have a run with this. You seem half off your chump this morning." Then when I had it in my hand--I don't know how it came, but it just flashed across me that if I put the 'ty' and the nought there would be the money to get her away. It just came and went--I never thought of it again. Then Davis went out to his luncheon, and I don't really remember what I did till I'd pushed the cheque through to the cashier under the rail. I remember his saying "Gold or notes?" Then I suppose I knew what I'd done. Anyway, when I got outside I wanted to chuck myself under a bus; I wanted to throw the money away; but it seemed I was in for it, so I thought at any rate I'd save her. Of course the tickets I took for the passage and the little I gave her's been wasted, and all, except what I was obliged to spend myself, I've restored. I keep thinking over and over however it was I came to do it, and how I can't have it all again to do differently!
FALDER is silent, twisting his hands before him.
FROME. How far is it from your office to the bank?
FALDER. Not more than fifty yards, sir.
FROME. From the time Davis went out to lunch to the time you cashed the cheque, how long do you say it must have been?
FALDER. It couldn't have been four minutes, sir, because I ran all the way.
FROME. During those four minutes you say you remember nothing?
FALDER. No, sir; only that I ran.
FROME. Not even adding the 'ty' and the nought?'
FALDER. No, sir. I don't really.
FROME sits down, and CLEAVER rises.
CLEAVER. But you remember running, do you?
FALDER. I was all out of breath when I got to the bank.
CLEAVER. And you don't remember altering the cheque?
FALDER. [Faintly] No, sir.
CLEAVER. Divested of the romantic glamour which my friend is casting over the case, is this anything but an ordinary forgery? Come.
FALDER. I was half frantic all that morning, sir.
CLEAVER. Now, now! You don't deny that the 'ty' and the nought were so like the rest of the handwriting as to thoroughly deceive the cashier?
FALDER. It was an accident.
CLEAVER. [Cheerfully] Queer sort of accident, wasn't it? On which day did you alter the counterfoil?
FALDER. [Hanging his head] On the Wednesday morning.
CLEAVER. Was that an accident too?
FALDER. [Faintly] No.
CLEAVER. To do that you had to watch your opportunity, I suppose?
FALDER. [Almost inaudibly] Yes.
CLEAVER. You don't suggest that you were suffering under great excitement when you did that?
FALDER. I was haunted.
CLEAVER. With the fear of being found out?
FALDER. [Very low] Yes.
THE JUDGE. Didn't it occur to you that the only thing for you to do was to confess to your employers, and restore the money?
FALDER. I was afraid. [There is silence]
CLEAVER. You desired, too, no doubt, to complete your design of taking this woman away?
FALDER. When I found I'd done a thing like that, to do it for nothing seemed so dreadful. I might just as well have chucked myself into the river.
CLEAVER. You knew that the clerk Davis was about to leave England --didn't it occur to you when you altered this cheque that suspicion would fall on him?
FALDER. It was all done in a moment. I thought of it afterwards.
CLEAVER. And that didn't lead you to avow what you'd done?
FALDER. [Sullenly] I meant to write when I got out there--I would have repaid the money.
THE JUDGE. But in the meantime your innocent fellow clerk might have been prosecuted.
FALDER. I knew he was a long way off, your lordship. I thought there'd be time. I didn't think they'd find it out so soon.
FROME. I might remind your lordship that as Mr. Walter How had the cheque-book in his pocket till after Davis had sailed, if the discovery had been made only one day later Falder himself would have left, and suspicion would have attached to him, and not to Davis, from the beginning.
THE JUDGE. The question is whether the prisoner knew that suspicion would light on himself, and not on Davis. [To FALDER sharply] Did you know that Mr. Walter How had the cheque-book till after Davis had sailed?
FALDER. I--I--thought--he----
THE JUDGE. Now speak the truth-yes or no!
FALDER. [Very low] No, my lord. I had no means of knowing.
THE JUDGE. That disposes of your point, Mr. Frome.
[FROME bows to the JUDGE]
CLEAVER. Has any aberration of this nature ever attacked you before?
FALDER. [Faintly] No, sir.
CLEAVER. You had recovered sufficiently to go back to your work that afternoon?
FALDER. Yes, I had to take the money back.
CLEAVER. You mean the nine pounds. Your wits were sufficiently keen for you to remember that? And you still persist in saying you don't remember altering this cheque. [He sits down]
FALDER. If I hadn't been mad I should never have had the courage.
FROME. [Rising] Did you have your lunch before going back?
FALDER. I never ate a thing all day; and at night I couldn't sleep.
FROME. Now, as to the four minutes that elapsed between Davis's going out and your cashing the cheque: do you say that you recollect nothing during those four minutes?
FALDER. [After a moment] I remember thinking of Mr. Cokeson's face.
FROME. Of Mr. Cokeson's face! Had that any connection with what you were doing?
FALDER. No, Sir.
FROME. Was that in the office, before you ran out?
FALDER. Yes, and while I was running.
FROME. And that lasted till the cashier said: "Will you have gold or notes?"
FALDER. Yes, and then I seemed to come to myself--and it was too late.
FROME. Thank you. That closes the evidence for the defence, my lord.
The JUDGE nods, and FALDER goes back to his seat in the dock.
FROME. [Gathering up notes] If it please your lordship--Gentlemen of the Jury,--My friend in cross-examination has shown a disposition to sneer at the defence which has been set up in this case, and I am free to admit that nothing I can say will move you, if the evidence has not already convinced you that the prisoner committed this act in a moment when to all practical intents and purposes he was not responsible for his actions; a moment of such mental and moral vacuity, arising from the violent emotional agitation under which he had been suffering, as to amount to temporary madness. My friend has alluded to the "romantic glamour" with which I have sought to invest this case. Gentlemen, I have done nothing of the kind. I have merely shown you the background of "life"--that palpitating life which, believe me--whatever my friend may say--always lies behind the commission of a crime. Now gentlemen, we live in a highly, civilized age, and the sight of brutal violence disturbs us in a very strange way, even when we have no personal interest in the matter. But when we see it inflicted on a woman whom we love--what then? Just think of what your own feelings would have been, each of you, at the prisoner's age; and then look at him. Well! he is hardly the comfortable, shall we say bucolic, person likely to contemplate with equanimity marks of gross violence on a woman to whom he was devotedly attached. Yes, gentlemen, look at him! He has not a strong face; but neither has he a vicious face. He is just the sort of man who would easily become the prey of his emotions. You have heard the description of his eyes. My friend may laugh at the word "funny"--I think it better describes the peculiar uncanny look of those who are strained to breaking-point than any other word which could have been used. I don't pretend, mind you, that his mental irresponsibility--was more than a flash of darkness, in which all sense of proportion became lost; but to contend, that, just as a man who destroys himself at such a moment may be, and often is, absolved from the stigma attaching to the crime of self-murder, so he may, and frequently does, commit other crimes while in this irresponsible condition, and that he may as justly be acquitted of criminal intent and treated as a patient. I admit that this is a plea which might well be abused. It is a matter for discretion. But here you have a case in which there is every reason to give the benefit of the doubt. You heard me ask the prisoner what he thought of during those four fatal minutes. What was his answer? "I thought of Mr. Cokeson's face!" Gentlemen, no man could invent an answer like that; it is absolutely stamped with truth. You have seen the great affection [legitimate or not] existing between him and this woman, who came here to give evidence for him at the risk of her life. It is impossible for you to doubt his distress on the morning when he committed this act. We well know what terrible havoc such distress can make in weak and highly nervous people. It was all the work of a moment. The rest has followed, as death follows a stab to the heart, or water drops if you hold up a jug to empty it. Believe me, gentlemen, there is nothing more tragic in life than the utter impossibility of changing what you have done. Once this cheque was altered and presented, the work of four minutes--four mad minutes --the rest has been silence. But in those four minutes the boy before you has slipped through a door, hardly opened, into that great cage which never again quite lets a man go--the cage of the Law. His further acts, his failure to confess, the alteration of the counterfoil, his preparations for flight, are all evidence--not of deliberate and guilty intention when he committed the prime act from which these subsequent acts arose; no--they are merely evidence of the weak character which is clearly enough his misfortune. But is a man to be lost because he is bred and born with a weak character? Gentlemen, men like the prisoner are destroyed daily under our law for want of that human insight which sees them as they are, patients, and not criminals. If the prisoner be found guilty, and treated as though he were a criminal type, he will, as all experience shows, in all probability become one. I beg you not to return a verdict that may thrust him back into prison and brand him for ever. Gentlemen, Justice is a machine that, when some one has once given it the starting push, rolls on of itself. Is this young man to be ground to pieces under this machine for an act which at the worst was one of weakness? Is he to become a member of the luckless crews that man those dark, ill-starred ships called prisons? Is that to be his voyage-from which so few return? Or is he to have another chance, to be still looked on as one who has gone a little astray, but who will come back? I urge you, gentlemen, do not ruin this young man! For, as a result of those four minutes, ruin, utter and irretrievable, stares him in the face. He can be saved now. Imprison him as a criminal, and I affirm to you that he will be lost. He has neither the face nor the manner of one who can survive that terrible ordeal. Weigh in the scales his criminality and the suffering he has undergone. The latter is ten times heavier already. He has lain in prison under this charge for more than two months. Is he likely ever to forget that? Imagine the anguish of his mind during that time. He has had his punishment, gentlemen, you may depend. The rolling of the chariot-wheels of Justice over this boy began when it was decided to prosecute him. We are now already at the second stage. If you permit it to go on to the third I would not give--that for him.
He holds up finger and thumb in the form of a circle, drops his hand, and sits dozen.
The jury stir, and consult each other's faces; then they turn towards the counsel for the Crown, who rises, and, fixing his eyes on a spot that seems to give him satisfaction, slides them every now and then towards the jury.
CLEAVER. May it please your lordship--[Rising on his toes] Gentlemen of the Jury,--The facts in this case are not disputed, and the defence, if my friend will allow me to say so, is so thin that I don't propose to waste the time of the Court by taking you over the evidence. The plea is one of temporary insanity. Well, gentlemen, I daresay it is clearer to me than it is to you why this rather--what shall we call it?--bizarre defence has been set up. The alternative would have been to plead guilty. Now, gentlemen, if the prisoner had pleaded guilty my friend would have had to rely on a simple appeal to his lordship. Instead of that, he has gone into the byways and hedges and found this--er--peculiar plea, which has enabled him to show you the proverbial woman, to put her in the box--to give, in fact, a romantic glow to this affair. I compliment my friend; I think it highly ingenious of him. By these means, he has--to a certain extent--got round the Law. He has brought the whole story of motive and stress out in court, at first hand, in a way that he would not otherwise have been able to do. But when you have once grasped that fact, gentlemen, you have grasped everything. [With good-humoured contempt] For look at this plea of insanity; we can't put it lower than that. You have heard the woman. She has every reason to favour the prisoner, but what did she say? She said that the prisoner was not insane when she left him in the morning. If he were going out of his mind through distress, that was obviously the moment when insanity would have shown itself. You have heard the managing clerk, another witness for the defence. With some difficulty I elicited from him the admission that the prisoner, though jumpy [a word that he seemed to think you would understand, gentlemen, and I'm sure I hope you do], was not mad when the cheque was handed to Davis. I agree with my friend that it's unfortunate that we have not got Davis here, but the prisoner has told you the words with which Davis in turn handed him the cheque; he obviously, therefore, was not mad when he received it, or he would not have remembered those words. The cashier has told you that he was certainly in his senses when he cashed it. We have therefore the plea that a man who is sane at ten minutes past one, and sane at fifteen minutes past, may, for the purposes of avoiding the consequences of a crime, call himself insane between those points of time. Really, gentlemen, this is so peculiar a proposition that I am not disposed to weary you with further argument. You will form your own opinion of its value. My friend has adopted this way of saying a great deal to you--and very eloquently--on the score of youth, temptation, and the like. I might point out, however, that the offence with which the prisoner is charged is one of the most serious known to our law; and there are certain features in this case, such as the suspicion which he allowed to rest on his innocent fellow-clerk, and his relations with this married woman, which will render it difficult for you to attach too much importance to such pleading. I ask you, in short, gentlemen, for that verdict of guilty which, in the circumstances, I regard you as, unfortunately, bound to record.
Letting his eyes travel from the JUDGE and the jury to FROME, he sits down.
THE JUDGE. [Bending a little towards the jury, and speaking in a business-like voice] Gentlemen, you have heard the evidence, and the comments on it. My only business is to make clear to you the issues you have to try. The facts are admitted, so far as the alteration of this cheque and counterfoil by the prisoner. The defence set up is that he was not in a responsible condition when he committed the crime. Well, you have heard the prisoner's story, and the evidence of the other witnesses--so far as it bears on the point of insanity. If you think that what you have heard establishes the fact that the prisoner was insane at the time of the forgery, you will find him guilty, but insane. If, on the other hand, you conclude from what you have seen and heard that the prisoner was sane--and nothing short of insanity will count--you will find him guilty. In reviewing the testimony as to his mental condition you must bear in mind very carefully the evidence as to his demeanour and conduct both before and after the act of forgery--the evidence of the prisoner himself, of the woman, of the witness--er--COKESON, and--er--of the cashier. And in regard to that I especially direct your attention to the prisoner's admission that the idea of adding the 'ty' and the nought did come into his mind at the moment when the cheque was handed to him; and also to the alteration of the counterfoil, and to his subsequent conduct generally. The bearing of all this on the question of premeditation [and premeditation will imply sanity] is very obvious. You must not allow any considerations of age or temptation to weigh with you in the finding of your verdict. Before you can come to a verdict of guilty but insane you must be well and thoroughly convinced that the condition of his mind was such as would have qualified him at the moment for a lunatic asylum. [He pauses, then, seeing that the jury are doubtful whether to retire or no, adds:] You may retire, gentlemen, if you wish to do so.
The jury retire by a door behind the JUDGE. The JUDGE bends over his notes. FALDER, leaning from the dock, speaks excitedly to his solicitor, pointing dawn at RUTH. The solicitor in turn speaks to FROME.
FROME. [Rising] My lord. The prisoner is very anxious that I should ask you if your lordship would kindly request the reporters not to disclose the name of the woman witness in the Press reports of these proceedings. Your lordship will understand that the consequences might be extremely serious to her.
THE JUDGE. [Pointedly--with the suspicion of a smile] well, Mr. Frome, you deliberately took this course which involved bringing her here.
FROME. [With an ironic bow] If your lordship thinks I could have brought out the full facts in any other way?
THE JUDGE. H'm! Well.
FROME. There is very real danger to her, your lordship.
THE JUDGE. You see, I have to take your word for all that.