قراءة كتاب Lippincott's Magazine, November 1885

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Lippincott's Magazine, November 1885

Lippincott's Magazine, November 1885

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refining influence about the domestic fireside, chastens and sanctifies the atmosphere of home, leads us, we all know, gentlemen, to holier and purer views of life, and nerves us for the bitter struggle of the world. But romance outside of the home-circle cuts but a sorry figure; it is very dangerous for it to stray out of doors into the rough arena of life,—into the street, gentlemen,—where there are street-cars. We must look at the evils of life from the strictly legal point of view when they come into court, gentlemen; and when his honor shall have laid down to you the doctrine of contributory negligence, the bearings of which on this case you have already thought of, I don't doubt,—when you come to apply that rule to this case, you will make short work, I am afraid, of romance."

Mr. Pope then proceeded to say that the case was in a nutshell. The plaintiff had called a car; the driver of the car had pulled up his horses; it was a wet day, the wheels would not stop quickly, and Mrs. Stiles was in a hurry to get on; she tried to board the car while it was in motion, and was thrown off. Was there any law to make a railway company responsible for such accidents as this? or any railway company that would not go out of business immediately if it were to be held so responsible?

Then Mr. Pope called his witnesses. He was a very short time examining them; he bit his lips when he heard their answers. Mrs. Tarbell's cross-examination was also short. Alexander whispered to her to cut it short,—that the testimony was almost an admission of her case by itself. But to Mrs. Stiles all these things were terribly significant of victory for Mr. Pope; and the very fact that Mrs. Tarbell offered no rebutting testimony was somehow twisted into another evidence of approaching disaster by her poor stupid old mind. She hardly heard a word of Mrs. Tarbell's speech to the jury. She was looking forward in agony to what Mr. Pope would say. For she knew he was right. She knew that Mrs. Tarbell had been carried away by her sympathies; she was sure of it. Oh, why had she not gone to a gentleman lawyer? He would have advised her not to bring suit; at least he would have allowed her to accept that compromise. She was all alone. Celandine and Mr. Mecutchen had gone away somewhere,—gone to get some ice-cream: they would be back. Should she go and fling herself at Mr. Pope's feet and confess everything?

When Mrs. Tarbell sat down there was a hum of applause, and the judge stopped waving his fan for a moment to give Mrs. Tarbell a scarcely-perceptible nod of approval.

"If I know anything, it'll be a two-thousand-dollar werdick," mumbled one of the tipstaves.

Then Mr. Pope got on his legs. He passed his hand over his face, and there was a countenance for you!—luminous, inspired, magical; a face one moment like to a running brook for poetry and liquid sentiment, the lines and wrinkles on it shifting about and rippling sweetly down into his chin, where they cascaded off, so to speak; the next moment like a mighty and rugged rock, a stronghold of security and protection, on which he presently smote, Moses-like, and the brook of which I spoke gushed out again.

"You know already, gentlemen," said he, "my view of this case. I think that by this time it must be yours also."

Mrs. Stiles moaned. Then Mr. Pope proved to the jury that it was utter nonsense for Mrs. Stiles's witnesses to pretend that they had seen the accident, because the ordinary pedestrian looks at his nose when he is walking, and not at the car-track. The jury smiled, the room grew hotter and hotter, and the judge whiter and whiter.

"Mr. Mecutchen?" cried Mr. Pope. "Mr. Mecutchen never laid eyes on Mrs. Stiles until he saw her lying in the middle of the street. I don't say he is intentionally prevaricating. Of course he thinks he saw all that he says he did. I grew up in the firm conviction that I had known Judas Iscariot. I was ten years old before I could be persuaded that it was only a sweet delusion,—a dazzling dream of childhood, too bright to last."

The jury roared.

Then Mr. Pope talked of his own witnesses, and the virtues with which he didn't invest those remarkable beings may exist in heaven, but are certainly not to be found on earth, nor even in any of the intermediate planetary paradises known to the Spiritualists.

And then—then he descended on Mrs. Stiles herself.

"What," he cried, suddenly, turning with an outburst of indignant impatience from the petty arguments into which his love for the exhibition of the whole truth in all its details had led him, "what are you told by the most respectable and conscientious witness who has appeared here to-day? What is the testimony of the one person who ought to know everything about this case? What does Mrs. Stiles say? Nothing. She says nothing. She doesn't know what happened. If this were a strong case, she would describe to you with minute particularity the manner in which she put her hand upon the rail of the car, stepped on, was jolted, tried to save herself, was thrown off. But not a word of this have you heard from her. All that she remembers, as she confesses, is that the car was in motion when she got on it."

Oh, where was Celandine? Had she gone out only to get ice-cream, or because Georgiana was so hot that she couldn't stand it any longer? Mrs. Stiles could not remember. Maybe it was Mr. Mecutchen that had spoken of the ice-cream, and Celandine was going to put Georgiana in the cars and send her home. It would have been better to send Augustus home with her. And where were Augustus and Tecumseh Sherman?

Mrs. Stiles looked about the room. She saw no friendly faces, nobody to encourage her, nobody whom she could apply to in her distress. How hot it was! Could she not go over to the window and get a breath of air? The room was very crowded. Mrs. Stiles hesitated, half rose, hesitated again, and then got up and limped outside of the railings. People made way for her, and when she reached the window a dark-faced man gave her a place, and she went through a sort of parody of putting her head out into the air.

The dark man looked at her thoughtfully. "Shan't I get you a glass of water?" said he. Mrs. Stiles accepted his kindness with immense gratitude. The dark man went and brought the water, and watched her with a pair of very keen eyes while she was drinking it.

"Mr. Pope is making a good speech," he said presently.

Mrs. Stiles groaned. "Do you think he'll win?" she asked.

"Win?" said the dark man, with a pleasant smile. "Well, I should think so. Just listen to him."

"But I'm not saying anything to Mrs. Tarbell's discredit," said the Honorable Pope. "Not a bit of it. Not a bit of it. Her feelings do her infinite honor. In her appearance on our wordy and contentious stage I see the commencement of a new era of things. Let her be guided by her feelings. Let her still preserve that beautiful sympathy which is one of the chiefest ornaments of the female sex. It will bring to her a thousand cases of injustice and oppression which we hardened lawyers of the other sex have lost—if we ever had it—the instinct to detect. It will lead her and her sisters to find justice and consolation for innumerable victims of wrong-doing, whose hopes of obtaining redress might have seemed poor and empty to us less inspired practitioners. No one, no man, however jealous and crabbed in temper, will be sorry to see the law vivified by a spark of that genius, that inexplicable instinct by which women know what is right and make right to be done, where men fail and fail again." Here Mr. Pope paused, and his features were those of an angel. Then his expression changed to one of the most remarkable sagacity and wariness. "But no one, gentlemen, will fail to recognize the danger, easily avoided, which accompanies the lubricating, so to speak, of our legal machinery by this sometimes superabundant

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