PS 3515 : .0675 ] |U5 i {1922 \ Copy 2 THE UNJUDICIAL JUDGE THE UNJUDICIAL JUDGE Copyright, 1922, hy Henry H. Harper loo %o . 40) .A-^^'Ts lis ■ f THE UNIVERSITY PRESS, CAMBRIDGE, TJ. 8. A, 'VHIS little play is affec- tionately dedicated to the one who commanded me to write it^ and who has been generous enough to say that she likes it, viz., — my wife. H.H.H. nurse to wait outside. He approaches the Judge Advocate General and taps him on the shoulder. The Judge awakes, stretches, yawns, looks about, then reaches over and extinguishes the light. Captain. — I beg your pardon for disturbing your nap. Only a matter of the most urgent importance could have induced me to intrude upon you at this early hour. But I ^m glad to find you up and dressed. Judge. — [With a yaiun] Yes, those thundering guns woke me up long before daybreak, and as I had a lot of unfinished work left over from yes- terday, I got up early. [Gathers up papers, throws them on table and looks up at his caller] I must have dozed off reading these dull dispatches. What is it that stirs you so early? Captain. — The case of a young private sen- tenced to be shot at sunrise this morning. Judge. — [Petulantly] Well, what about it? Were n't the proceedings regular — and did n't he have a fair trial? Captain. — Yes, fair enough in the light of all we knew at that time. But late last night I learned of some facts of an extenuating nature, — from the nurse who had charge of his case in the base hos- pital a few weeks ago. [6] Judge. — H-m! A girl in the case, eh? I pre- sume [sneerijigly] she is good-looking, and proba- bly in love with him? Captain. — I observed that she was consider- ably agitated when she arrived at my quarters last night, but as to her being in love with the young man, I cannot say. Judge. — Was she a witness at the trial? Captain. — ^ No. She said it was only two days ago that she first heard of his arrest and conviction. Not being able to get a horse or other conveyance she managed to get an escort and came, through mud and rain, nearly thirty miles on foot, with scarcely a morsel of food or a wink of sleep. Judge. — [Yawning and rubbing his eyes] H-m! Sounds like the adventures of Prascovia when she walked from Siberia to St. Petersburg to get a par- don for her banished father. Captain. — Yes, and I hope this brave girl's efforts may be as well rewarded. [Speaks with ner- vous rapidity, and consults his watch] She arrived at my quarters at eleven o'clock last night, all wet and bedraggled, and she brings us new and im- portant evidence. It appears that about four months prior to his trial this prisoner was badly wounded in action and was taken to her ward in the hospital. She says that when he was dis- [7] charged from there he was still very weak, and although unfit for service he insisted on going back to his regiment. Within a few days he was placed at an outpost on sentinel duty, and in his ex- hausted condition he fell asleep. It was for that offence that he was tried and convicted. [Shows increasing agitation and again looks at his watch] We have only a few minutes in which to act, and I strongly recommend that you revoke the or- der for the execution and suspend his sentence until we can consult the hospital authorities and see if they corroborate the girl's story. He 's a mere lad of twenty, and in view of the facts I regret to say that it was I who prosecuted him. I feel sure that we were too hasty in convicting him without enquiring more carefully into his army record, and taking into consideration his tender age and physical condition. We noticed that he was very pale and emaciated, but knowing nothing of his wound, we attributed that to fright. During his trial he never even mentioned his physical dis- ability. As I review the case in my mind I am convinced that on account of his great suffering he had about lost interest in life; he seemed dazed and unconcerned. He could have pleaded his weakened condition as an excuse for the offence, but he did n't see fit to resort to that measure. [8] Judge. — [In a growling tone] Probably because he was n't really ill at all. More likely he was drunk! Wounds don't make men sleepy; but whiskey does. Captain. — [Who has been walking uneasily hack and forth, halts suddenly — behind the judge — and casts a quick side-glance at the bottle on the table] Yes, so I have sometimes observed; but in this case the evidence showed that the prisoner never uses liquor. Judge. — His own testimony, I suppose? As for the girl, she is no doubt interested in him, and has made up more than half of this likely yarn to save him. But duty is duty! And this is no time or place for sentimental considerations. There has been altogether too much of this going to sleep on post duty, and it's time we made a salutary ex- ample of someone for the good of the service. In- stead of lowering the standard of efficiency [rises and stands erect] I propose to raise it! Captain. — A very laudable ambition; and I heartily applaud your purpose. But I should be sorry to make an example of this brave young lad, who meets his fate like a Spartan. He frankly admitted the charge against him, and he never flinched when the death sentence was pronounced. Judge. — It's a clear case of criminal disobedi- [9] ence; he admits his guilt, and nothing remains but to apply the penalty prescribed by military law. Captain. — But these extenuating circum- stances would unquestionably have mitigated his crime in the eyes of his judges had they known of them. Surely no violence could result to the ser- vice if the execution were postponed a few days pending further investigation. Judge. — Procrastination is the enemy of jus- tice; it is the desideratum of all criminals. Wit- nesses die or disappear and through delay the guilty tire out the law, and go free. Captain. — But in this case it is not the pris- oner who makes the appeal. It is the prosecution that seeks to correct an injustice. The fact that we are in a foreign country does not, I believe, rob the prisoner of certain legal rights that could not be denied him at home ; but of course it would be the rankest presumption on my part to dispute these points with you, as you are doubt- less familiar with the law. [The Captain scruti- nizes the Judge^s face thoughtfully, and seems at a loss for some more effective argument] And by the bye, it may interest you to know that this young lady belongs to a highly influential American fam- ily ; and judging from the courage and interest she has already shown, she is not likely to let the mat- [10] ter drop without making the most of it in news- paper circles. They rarely miss an opportunity to exploit a sensational case, and it may — this salutary example may react upon us when the facts become public. Judge. — React on us! I had no part in his trial. Was he not adjudged guilty by competent, fair-minded judges, was he not defended by able counsel? And, come to think of it, where is his counsel? Is it necessary that the prosecutor should both prosecute and defend? Captain. — But the new facts were disclosed only last night, a few hours ago, and there has been no time in which to notify his counsel. [The nurse, with uniform torn and bespattered, rushes in past the guxird, who follows her, catches her by the arm and attempts to eject her. The Captain motions him away, and releasing her, the guard returns to his post. She stares at the Captain with a frightened, questioning look. His face betrays disappointment. She appeals to the Judge] Nurse. — Oh, surely, surely you won't let them murder this poor innocent boy! Judge. — Innocent boys are seldom condemned to death. Ten guilty men escape punishment, in defiance of justice, for every innocent one that is convicted. [Ill Nurse. — Then because ten such guilty men have escaped, must this one be shot to appease the law's vengeance? Judge. — Some sweetheart of yours, is he? Nurse. — Yes, — but that shouldn't be held against him. He does n't even know that I really care for him. I nursed him at the hospital — he was terribly wounded when they brought him there. He was delirious for days and did n't know his own name, and could n't tell where his home was or who his parents were. He was sent away too soon — to make room for others — before he had recovered his strength. He should have re- mained at least another month. I helped him down the steps when he left the hospital, and he was ill then. He had been out of bed only three days when — Judge. — [Interrupting with a wave of his hand] You should make such complaints to the hospital authorities, not to me. I have no jurisdiction there. Nurse. — [Continues unshaken] But you have jurisdiction here. I know he was ill when he was arrested, because the wound was not even healed. I dressed it the morning he left, and he was so dizzy he could scarcely walk alone. I begged him not to go back so soon, all bandaged up as he was, [121 but he insisted. He said they needed him — he must go. Only ten days after that he was arrested — think of it, only ten days! and his wound still unhealed ! Probably he did n^t even have anyone to dress it. [She wipes the tears from her eyes] Oh, he never knew how it hurt me to see him suffer, and how eagerly I watched over him night after night while he slept. He used to start up suddenly in his sleep and almost cry out with pain, then he would lie back and saj^, " Oh, it's nothing, nothing; I '11 soon be all right." He was so patient, so noble, so brave through it all. And now they are going to kill him ! You can't, you must n't, you sha'n't kill this poor wounded boy without giving him a fair trial ! Please, please — send an order quick, or they'll shoot him! I just saw the firing-squad forming, and I hurraed in so you could stop them. A word from you will save him. — But quick! quick! or you '11 be too late! You have only a few minutes. [Looking up from one to the other] Oh, why does n't someone act or do something! You all seem so cold and unconcerned, as if a worthless cur were being shot, instead of a brave soldier, — and one of your very first volunteers too! He was under age — they could n't even have drafted him. Judge. — [Calmly lights a cigarette, and after a fl31 puff or two, contemplates it with unruffled serenity] Compose yourself, young lady; you are worthy of a better man. [The guard appears at doorway j salutes and stands at attention] Judge. — Well, what is it? Guard. — A messenger from the prison quar- ters. Judge. — Let him wait. I 'm engaged. Guard. — But he 's in a great — Judge. — [Impetuously] But nothing! I '11 not be interrupted. Guard. — [Insistently] But he says he '11 see you anyway if — Judge. — [Savagely] You have your orders. Obey them I [Guard salutes and goes out] Judge. — [Addressing nurse] In civil life your plea would be very touching; it might even have swayed the immovable Caesar himself. But this is a military affair. We are at war. The lives of thousands are in constant jeopardy; and one soldier's unfaithfulness to duty may sacrifice a whole regiment, — yes, a whole army. What is one life, compared to tens of thousands? This boy well knew the seriousness of his offence before he committed it. It is my duty to see that existing laws are enforced; not to make new ones to fit in- dividual cases. No, I can do nothing for you. I [14] have enough to do, without reviewing cases that have been properly tried and closed, — where con- viction has resulted from their own voluntary con- fession of guilt, as in this case. Other boys in the service have mothers, fathers, wives and sweet- hearts at home, but all these considerations are secondary to military duty. If they fail in that, then [striking the table with his clenched fist] — then they must pay the penalty! NuKSE. — [Coaxingly] Other great men in your position have shown mercy and consideration in such cases. Can't you — won't you — please re- view just this one case, and give him another chance? He could n't help it, — I tell you he was still weak — he couldn't help it! He was too brave and manly to plead his ailment in his own defence. But I will testfy that he was weak and emaciated from loss of blood, and was unfit for duty. He was wounded in the chest — with his face to the enemy — a great gaping shell wound just over the heart — and he lay bleeding on the battlefield for nine long hours, without a drop of water, before being picked up ! And now his own comrades — his own countrymen — reward him with a fiendish sentence that a heartless, barbarous enemy would blush to carry out! He deserves a badge of honor instead of a disgraceful death. [15] Better had he died on the field; he would at least have received honorable mention. Imprison him ; torture him if you must, but spare his life! That belongs to God, and you have no right to take it. [She approaches the Judge and extending her arms she looks him squarely in the eyes] P-1-e-a-s-e don't let them do it! Oh if you would only see him and talk with him, you would know how innocent he is of any wrong; you would never permit it — never! You would show them that they are wrong; that you are bigger and nobler than they. You have the opportunity here of doing one of the grandest deeds of your life — of becoming a veritable Lincoln. Just think! you hold this boy's precious young life in your hands, and with one word you can save it. Think what a great service your position enables you to per- form for him, for his parents, for me, for humanity! You will never have a case where clemency can be more worthily bestowed, or more gratefully received. It will be one of the biggest things you ever did, and God will amply reward you for it, both here and in after life. Oh won't you please suspend that sentence? [She hesitates for a moment, hoping for some re- tenting word or sign. The judge nervously fingers the papers on the table, hut otherwise he appears [16] unmoved. After a breathless pause she continues] ''Suppose you had a son in a far-off land, among strangers, condemned to be shot like a dog and buried in a ditch, would you then have some feeling for this boy and his grief-stricken parents? Judge. — [Draws himself up haughtily] Your supposition is absurd. I am a soldier; a son of mine could not be guilty of such an offence. Nurse. — [Turning to Captain] Is there nothing, nothing you can do? Last night you seemed con- vinced that there was hope. Are you now so helpless? Captain. — I ^m afraid so, my dear j^oung lady. My appeal, though somewhat less impassioned than yours, was no less insistent. Judge. — And I should fail in my sworn duty if I allowed myself to be swayed and the course of justice turned aside by such flimsy appeals, based purely on sentiment and personal interest. Even without knowing that the Captain's plea was inspired by your sentimental persuasiveness — as it doubtless was — I decHned to be moved by it. Love is both blind and selfish; and yours blinds you to every consideration except that of sympathy. I can only say, it is unfortunate that you should have sacrificed your affections on so unworthy an object; but the law must [17] be respected, regardless of your interests or mine. [Nurse starts suddenly, goes to entrance of tent and listens. The tramp of soldiers is heard in the distance. She turns distractedly to the Judge] Nurse. — Oh! oh! they 're going to kill him! [She throws herself on her knees at Judge^s feet] Stop them ! Please stop them ! They must not do it! It 's murder! [Rises to her feet, looks searchingly into the Judge^s eyes, and observing no sign of re- sponsiveness there, her supplicating manner changes to that of angry incrimination, with the last vague hope of achieving by threats what she failed to ac- complish by persuasive measures] A man may be a true soldier and yet have the heart of a human being; but not you — you are heartless! It is not your sense of duty, but your disregard of duty, that makes you so hard. You have neither feeling nor sense of justice. You yourself were fast asleep in your chair when I first came to your quarters. You are more guilty than he is. You are not a Judge, you are a murderer! Yes, his murderer! If that boy dies I '11 go back home and report you; I shall exonerate his name, and the stain of this affair will recoil upon your guilty head! Judge. — [Brusquely] No one will listen to you. They won't believe your fiction. [18] Nurse. — They will believe me, because I shall tell them the truth! They'll curse you, disgrace you; they '11 hang you, and all the demons of hell will rise up and salute you for killing that inno- cent boy and condemning him to a felon's grave! Look! look! [Points to the eastern horizon through the tent door] The sun is just rising! In another minute he '11 be dead! Call to them to halt! Oh God, if some of you would only do something, in- stead of standing about like stone images! Is there no justice in the world? Is this my reward for leaving a home of peace and luxury to serve my country? Judge. — [Angrily j to guard, who has just ap- peared at the door] Guard, take this woman out; she has lost her reason. [Guard enters and takes nurse hy the arm, then turns and salutes Judge] Guard. — That messenger is still outside. He 's been waiting ten minutes to see you, and he 's getting more excited every minute. I told him you were busy, but I can't hold him back much longer. He says he wants an answer to an impor- tant message that was left here on the table while you were out last night. It must be something awfully urgent. Judge. — What important message? I 've seen none. [Goes to tahUj fumbles the papers, then picks [19] up an envelope, tears it open and reads] This is of no importance, — what can he mean? Wait — here's another. [Takes up another envelope, stares aghast at the superscription, then with great agitation, tears it open and reads aloud] ''Dear Dad: — I 've just this moment learned of your arrival here, and that you are the new Judge Advocate General. I 'm condemned to be shot tomorrow at sunrise. For God's sake, come to me quick!'' Judge. — [To Captain] Why, it 's my own boy I Run, run quick! Stop them ! [Captain dashes out the door, followed by Judge who shouts in a thundering voice, ''halt there! HALT there!" As he reaches the door, shots are heard in the distance. Nurse screams and reels against the table. The Judge, staggering back from the door, steadies himself with his hand on the chair, repeating hoarsely, "My boy, my boy! My poor boy!" Nurse, recovering her composure, looks at the Judge half pityingly] Nurse. — [Gasping] Your own son! And if you had read that message, instead of falling asleep in your chair, you could have saved him! [Curtain] [20] LIBRARY OF CONGRESS 015 897 530^0