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The Mettle of the Pasture

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left the third criminal; and the State is forced to single him out and let the full punishment fall upon him alone. Thus it does not punish the guilty--it punishes the last of the guilty. It does not even punish him for his share of the guilt: it can never know what that share is. This is merely a feeling of mine, I do not uphold it. Of course I often declined to defend also." They returned to this subject another afternoon as the two sat together a few days later: "There was sometimes another reason why I felt unwilling to prosecute: I refer to cases in which I might be taking advantage of the inability of a fellow-creature to establish his own innocence. I want you to remember this--nothing that I have ever said to you is of more importance: a good many years ago I was in Paris. One afternoon I was walking through the most famous streets in the company of a French scholar and journalist, a deep student of the genius of French civilization. As we passed along, he pointed out various buildings with reference to the history that had been made and unmade within them. At one point he stopped and pointed to a certain structure with a high wall in front of it and to a hole in that wall. 'Do you know what that is?' he asked. He told me. Any person can drop a letter into that box, containing any kind of accusation against any other person; it is received by the authorities and it becomes their duty to act upon its contents. Do you know what that means? Can you for a moment realize what is involved? A man's enemy, even his so-called religious enemy, any assassin, any slanderer, any liar, even the mercenary who agrees to hire out his honor itself for the wages of a slave, can deposit an anonymous accusation against any one whom he hates or wishes to ruin; and it becomes the duty of the authorities to respect his communication as much as though it came before a court of highest equity. An innocent man may thus become an object of suspicion, may be watched, followed, arrested and thrown into prison, disgraced, ruined in his business, ruined in his family; and if in the end he is released, he is never even told what he has been charged with, has no power of facing his accuser, of bringing him to justice, of recovering damages from the State. While he himself is kept in close confinement, his enemy may manufacture evidence which he alone would be able to disprove; and the chance is never given him to disprove it." The Judge turned and looked at Barbee in simple silence. Barbee sprang to his feet: "It is a damned shame!" he cried. "Damn the French! damn such a civilization." "Why damn the French code? In our own country the same thing goes on, not as part of our system of jurisprudence, but as part of our system of--well, we'll say--morals. In this country any man's secret personal enemy, his so-called religious enemy for instance, may fabricate any accusation against him. He does not drop it into the dark crevice of a dead wall, but into the blacker hole of a living ear. A perfectly innocent man by such anonymous or untraceable slander can be as grossly injured in reputation, in business, in his family, out of a prison in this country as in a prison in France. Slander may circulate about him and he will never even know what it is, never be confronted by his accuser, never have power of redress. "Now what I wish you to remember is this: that in the very nature of the case a man is often unable to prove his innocence. All over the world useful careers come to nothing and lives are wrecked, because men may be ignorantly or malignantly accused of things of which they cannot stand up and prove that they are innocent. Never forget that it is impossible for a man finally to demonstrate his possession of a single great virtue. A man cannot so prove his bravery. He cannot so prove his honesty or his benevolence or his sobriety or his chastity, or anything else. As to courage, all that he can prove is that in a given case or in all tested cases he was not a coward. As to honesty, all that he can prove is that in any alleged instance he was not a thief. A man cannot even directly prove his health, mental or physical: all that he can prove is that he shows no unmistakable evidences of disease. But an enemy may secretly circulate the charge that these evidences exist; and all the evidences to the contrary that the man himself may furnish will never disperse that impression. It is so for every great virtue. His final possession of a single virtue can be proved by no man. "This was another reason why I was sometimes unwilling to prosecute a fellow-creature; it might be a case in which he alone would actually know whether he were innocent, but his simple word would not be taken, and his simple word would be the only proof that he could give. I ask you, as you care for my memory, never to take advantage of the truth that the man before you, as the accused, may in the nature of things be unable to prove his innocence. Some day you are going to be a judge. Remember you are always a judge; and remember that a greater Judge than you will ever be gave you the rule: 'Judge as you would be judged.' The great root of the matter is this: that all human conduct is judged; but a very small part of human conduct is ever brought to trial." He had many visitors at his office during these idle summer days. He belonged to a generation of men who loved conversation--when they conversed. All the lawyers dropped in. The report of his failing strength brought these and many others. He saw a great deal of Professor Hardage. One morning as the two met, he said with more feeling than he usually allowed himself to show: "Hardage, I am a lonesome old man; don't you want me to come and see you every Sunday evening? I always try to get home by ten o'clock, so that you couldn't get tired of me; and as I never fall asleep before that time, you wouldn't have to put me to bed. I want to hear you talk, Hardage. My time is limited; and you have no right to shut out from me so much that you know--your learning, your wisdom, yourself. And I know a few things that I have picked up in a lifetime. Surely we ought to have something to say to each other." But when he came, Professor Hardage was glad to let him find relief

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