Page:The Green Bag (1889–1914), Volume 12.pdf/81

ciation of O'Brien, the criminal informer in can read unmoved the story of degeneration the case of Finney, is one of the most blood so skillfully revealed. curdling combinations of epithets in the lan Quite naturally, Curran's bitterest denun guage. Take Macaulay's essay on Barere, ciations are reserved for the informer. In add Prentiss's denunciation of poor Reynolds, his defense of Finnerty he delivers some treble the power of those combined master titan blows upon that institution in the ab pieces, and then you may approach the stract. Here he is brilliant, rising to the fierceness with which Curran assailed the most sublime heights without ever descend state witness. The case stood thus: The ing to buffoonery. And here, too, we find evidence of O'Brien alone stood between his an example of scholastic criticism in the client and an acquittal. The acceptance of general horror expressed by fastidious book Mr. O'Brien's testimony meant the immedi worms over Curran's description of the in ate execution of Mr. Finney. The entire former, who " is buried a man, lies until his defense therefore rested on breaking down heart has time to fester and dissolve and is then dug up-— a witness." His greatest mis the testimony of the informer. This masterly effort is pure invective from fortune seems to lie in that having attempted exordium to peroration. In marked contrast to conceive an idea of horror, he has suc ceeded. to his accustomed style of beginning the ad He mixed emotions as an artist blends dress in a conciliatory manner, he assumes the aggressive from the first, demanding an colors, to form a harmonious and perfect acquittal and characterizing the evidence as whole. His manner of gliding along from a " tissue which requires no strength to concession to statement, from statement to break through " — which " vanishes at the pathos, from pathos to indignation and from indignation to command is nothing less than touch and is sundered into tatters." Be ginning thus defiantly, he seems to gather marvelous. It was not at all uncommon for ferocity from the swing of his own passionate audiences that greeted his opening state ment with derision to draw his carriage determination; now condemning false evi dence in the abstract; now eulogizing the home with the most touching enthusiasm. jury that sifts the false from the true; now So gradually and so naturally did he carry fervently calling down the blessings of his hearers with him that they hardly realized Heaven upon the long sleep of the legisla that they were losing ground, when they tors who enacted the humane laws governing found themselves face to face with and hating the trial for treason; and then, after clearly their former selves. We have a striking ex and concisely elucidating that law and ex ample of this in the case of Finnerty. And pressing his abhorrence of such a crime, what was the Finnerty case? Briefly then : — he enters into a discussion of O'Brien's Orr, a man of eminent respectability, is ac cused of treason, and, while under the in evidence. In a few words of sarcastic glee he fairly fluence of liquor, the jury finds him guilty laughs the fictional evidence out of court, and he is condemned to death. Upon the and then, armed with an arsenal of invective return of sobriety, the jury petitions the authorities for a new trial upon the aforesaid color words and figures, he begins his de nunciation of the " detestable informer " who grounds. Promises are held out only to be withdrawn and the farce culminates, as usual, "would dip the evangelists in blood," adjur ing him in taking the oath to swear upon in judicial murder. These facts, with proper force and condemnation, were published by the knife, " the proper symbol of his profes sion." Portions of this invective fairly grate Finnerty, who was immediately charged with by their fury, and it isa phlegmatic soul who libel. Curran appeared for the defense.