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By Root 28124 0

—for which he was responsible, of course, but which, nevertheless, was with the consent of both—a boy of twenty-one and a girl of twenty-three—that he agreed to marry her. Is that, I ask you, an open and proper engagement—the kind of an engagement you think of when you think of one at all? Mind you, I am not seeking to flout or belittle or reflect in any way on this poor, dead girl. I am simply stating, as a matter of fact and of law, that this boy was not formally engaged to this dead girl. He had not given her his word beforehand that he would marry her … Never! There is no proof. You must give him the benefit of that. And only because of her condition, for which we admit he was responsible, he came forward with an agreement to marry her, in case … in case” (and here he paused and rested on the phrase), “she was not willing to release him. And since she was not willing to release him, as her various letters read here show, that agreement, on pain of a public exposure in Lycurgus, becomes, in the eyes and words of the district attorney, an engagement, and not only that but a sacred engagement which no one but a scoundrel and a thief and a murderer would attempt to sever! But, gentlemen, many engagements, more open and sacred in the eyes of the law and of religion, have been broken. Thousands of men and thousands of women have seen their hearts change, their vows and faith and trust flouted, and have even carried their wounds into the secret places of their souls, or gone forth, and gladly, to death at their own hands because of them. As the district attorney said in his address, it is not new and it will never be old. Never!

“But it is such a case as this last, I warn you, that you are now contemplating and are about to pass upon—a girl who is the victim of such a change of mood. But that is not a legal, however great a moral or social crime it may be. And it is only a curious and almost unbelievably tight and yet utterly misleading set of circumstances in connection with the death of this girl that chances to bring this defendant before you at this time. I swear it. I truly know it to be so. And it can and will be fully explained to your entire satisfaction before this case is closed.

“However, in connection with this last statement, there is another which must be made as a preface to all that is to follow.

“Gentlemen of the jury, the individual who is on trial here for his life is a mental as well as a moral coward—no more and no less— not a downright, hardhearted criminal by any means. Not unlike many men in critical situations, he is a victim of a mental and moral fear complex. Why, no one as yet has been quite able to explain. We all have one secret bugbear or fear. And it is these two qualities, and no others, that have placed him in the dangerous position in which he now finds himself. It was cowardice, gentlemen—fear of a rule of the factory of which his uncle is the owner, as well as fear of his own word given to the officials above him, that caused him first to conceal the fact that he was interested in the pretty country girl who had come to work for him. And later, to conceal the fact that he was going with her.

“Yet no statutory crime of any kind there. You could not possibly try a man for that, whatever privately you might think. And it was cowardice, mental and moral, gentlemen, which prevented him, after he became convinced that he could no longer endure a relationship which had once seemed so beautiful, from saying outright that he could not, and would not continue with her, let alone marry her. Yet, will you slay a man because he is the victim of fear? And again, after all, if a man has once and truly decided that he cannot and will not endure a given woman, or a woman a man—that to live with her could only prove torturesome—what would you have that person do? Marry her? To what end? That they may hate and despise and torture each other forever after? Can you truly say that you agree with that as a rule, or a method, or a law? Yet, as the defense sees it, a truly intelligent and fair enough thing, under the circumstances, was done in this instance. An offer, but without marriage