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The Green Bag
yourself want. You won't risk anything, and you will succeed. I assure you my solution is the best. I'll go with you now. You will get there." "Never-never," says the attorney-general feebly, as he lets the deputy hand him his hat and lead him out. As they go the assistant in the oflice tells the attorney-general that the prosecuting oflicer has asked for a suspension of the trial. The presiding judge and other oflicials and spectators enter and express amazement at the request for suspension, after such a power ful speech with a sure prospect of conviction. The judge even asks whether the prosecuting attorney is ill. Then the prosecuting attorney comes in sadly and receives their compliments list lessly, says he is very tired, and requests an interview with the presiding judge, who fears that it may be because of some mistake of his own in the technical conduct of the trial. The other officials surmise that the self distrustful prosecuting attorney is about to do something foolish. Then there is a striking scene between the prosecuting attorney, the presiding judge and the attorney-general. The prosecuting attor ney tells them that he doubts the guilt of the prisoner because of certain points. The attor ney-general asks him why he should worry about the defense, since the other side had studied that. "But if this man is not guilty?" says the prosecuting attorney. "The jury will decide that. All that we have to do now is to bow to their verdict,"
replies the attorney-general. The prosecut ing officer ofiers to follow their advice. Each
of them indignantly refuses to give him advice and tells him that he must act on his own responsibility and not get under cover. They wash their hands of his duties, and leave
him to his own resources. His wife comes in and affectionately inquires why he is so gloomy just as he is on the eve of a success which will complete his career. He replies, "It is the success which frightens me." Then he opens his heart to her and explains that he took up the case in a partisan spirit, prepared it as a mere advocate of one side, made light in his own mind of points in
favor of the prisoner which in the bottom of soul he believes to be weighty. “Indeed," he says, “I reported everything in the prisoner's favor, with an incredible naiveté of
bad faith. To practice our profession in that way is unjust and cruel." His wife tries to console him by saying, "Perhaps the jury will bring in a verdict of acquittal." "No," he says, “it will convict." "Why," asks his wife, "did you urge con viction with such passion?" "Why, why!" he sighs. "At first I was moderate, but after I had seen that distin guished advocate for the defense weep before the jury, I lost my self-control. And con trary to my habit, I replied. When I rose the second time I was like a soldier who sees defeat before him and fights with despair. From that moment the prisoner did not exist for me. I did not care anything about protecting society or maintaining'the accusa
tion.
I fought against the advocate on the
other side. It was an oratorical tournament, 8. comedy of actors. I was bound to win at any cost. I was bent on convincing the jury, on bringing it back to me, on snatching from it the verdict. I did not even think of the prisoner. I tell you, I thought of myself, of my vanity, of my reputation, of my honor, of my future. . . . It is shameful. I re peat, it is shameful. At all costs I was deter mined to prevent the acquittal which I felt was certainly coming. I was so afraid of not succeeding that I used every argument, good and bad, even those which pictured to these startled jurors their own dwellings in flames, and their families murdered. I called on the vengeance of God for judges who would not judge severely. And all this I did in good faith-or rather, without any consciencch in one storm of passion, in one blast of anger against that advocate whom I then hated with all my soul. My success was greater than I wished; the jury now is ready to obey me, and I, my dear, I permit myself to be congratulated, and shaken hands with——. See what it is to be an official prosecutor." "Don't take it so hard," says his wife.
"There are probably not ten men in France who would have done otherwise." "Yes," he says, “and that's the worst of it." At this moment the assistant enters, saying that the presiding judge is waiting to learn when the hearing can be resumed. “At once," he says. His wife asks, “What shall you do?" He turns towards her as he goes out into the court room and with much feeling of
