Robertson Davies - The Manticore

"I assume that is a medical term, Mr. Staunton," said he; "will you be good enough to explain it to the court."

"May I ask your lordship to order the court cleared?" said I; "or if your lordship would call a recess I should be glad to explain the term in your chambers. It is not something that any of us would take pleasure in hearing."

I was playing it up for all it would stand, and I had an intimation – Dr. von Haller says I have a good measure of intuition – that I was riding the crest of a wave.

The judge cleared the court and asked me to explain to him and the jury what fellatio was. I dragged it out. Oral and lingual caress of the erect male organ until ejaculation is brought about was the way I put it. The jury knew simpler terms for this business, and my delicacy struck them solemn. I did not need to labour the fact that the dead man had been notably dirty: the jury had all seen him. Usually performed by the woman on her knees, I added, and two women jurors straightened up in their chairs. A gross indignity exacted by force; a perversion for which some American states exacted severe penalties; a grim servitude no woman with a spark of self-respect could be expected to endure without cracking.

It worked like a charm. The judge's charge to the jury was a marvel of controlled indignation; they must find the woman guilty but unless they added a recommendation of clemency his faith in mankind would be shattered. And of course they did so, and the judge gave her a sentence which, with good conduct, would not be more than two or three years. I suppose the poor soul ate better and slept better in the penitentiary than she had ever done in her life.

"That was a smart bit of business," said Diarmuid to me afterward, "and I don't know how you guessed what the trouble was. But you did, and that's what matters. B'God, I think old Mickley would have hung the corpse, if it'd had a scrap of neck left to put in a rope."

This case gained me a disproportionate reputation as a brilliant young advocate filled with compassion for the wretched. The result was that a terrible band of scoundrels who thought themselves misunderstood or ill used shouted for my services when they got into well-deserved trouble. And thus I gained my first client to go to the gallows.

Up to this time I had delighted unashamedly in the law. Many lawyers do, and Diarmuid was one of them. "If lawyers allowed their sense of humour free play, b'God they wouldn't be able to work for laughing," he once said to me. But the trial and hanging of Jimmy Veale showed me another aspect of the law. What I suppose Dr. von Haller would call its Shadow.

Not that Jimmy didn't have a fair trial. Not that I didn't exert myself to the full on his behalf. But his guilt was clear, and all I could do was try to find explanations for what he had done, and try to arouse pity for a man who had no pity for anyone else.

Jimmy had a bad reputation and had twice been in jail for petty thievery. He was only twenty-two, but he was a thorough-going crook of an unsophisticated kind. When I met him the provincial police had run him down, hiding in the woods about thirty miles north of Pittstown, with sixty-five dollars in his pocket. He had entered the house of an old woman who lived alone in a rural area, demanded her money, and when she would not yield he sat her on her own stove to make her talk. Which she did, of course, but when Jimmy found the money and left, she appeared to be dead. tHowever, she was not quite dead, and when a neighbour found her in the morning she lived long enough to describe Jimmy and assure the neighbour that he had repeatedly sworn that he would kill her if she didn't speak up. In this evidence the neighbour was not to be shaken.

Jimmy's mother, who thought him wild but not bad, engaged me to defend him, and I did what I could by pleading insanity. It is a widespread idea that people who are unusually cruel must be insane, though the corollary of that would be that anybody who is unusually compassionate must be insane. But the Crown Attorney applied the McNaghten Rule to Jimmy, and I well recall the moment when he said to the jury, "Would the prisoner have acted as he did if a policeman had been standing at his elbow?" Jimmy, lounging in the prisoner's dock, laughed and cried out, "Jeeze, d'you think I'm crazy?" After which it did not take the court long to send him to the gallows.

I decided that I had better be present when Jimmy was hanged. It is a common complaint against the courts that they condemn people to punishments of which the legal profession have no direct knowledge. It is a justifiable reproach when it is true, but it is true less often than tender-hearted people think. There are people who shrink from the whole idea of a court, and there are the There-But-for-the-Grace-of-Godders who seem to think it is only by a narrow squeak that they have kept out of the prisoner's dock themselves; they are bird-brains to whom God's grace and good luck mean the same thing. There are the democrats of justice, who seem to believe that every judge should begin his career as a prisoner at the Bar and work his way up to the Bench. Tender-minded people, all of them, but they don't know criminals. I wanted to know criminals, and I made my serious start with Jimmy.

I was sorry for his mother, who was a fool but punished for it with unusual severity; she had not spoiled Jimmy more than countless mothers spoil boys who turn out to be sources of pride. Jimmy had been exposed to all the supposed benefits of a democratic state; he had the best schooling that could be managed for as long as he cared to take it – which was no longer than the law demanded; his childhood had been embowered in a complexity of protective laws, and his needs had been guaranteed by Mackenzie King's Baby Bonus. But Jimmy was a foul-mouthed crook who had burned an old woman to death, and never, in all the months I knew him, expressed one single word of regret.

He was proud of being a condemned man. While awaiting trial he acquired from somewhere a jail vocabulary. Within a day of his imprisonment he would greet the trusty who brought him his food with "Hiya, shit-heel!" that being the term the hardened prisoners used for those who cooperated with the warden. After his trial, when the chaplain tried to talk to him he was derisive, shouting, "Listen, I'm gonna piss when I can't whistle, and that's all there is to it, so don't give me none of your shit." He regarded me with some favour, for I qualified as a supporting player in his personal drama; I was his "mouthpiece." He wanted me to arrange for him to sell his story to a newspaper, but I would have nothing to do with that. I saw Jimmy at least twice a week while he was waiting for execution, and I never heard a word from him that did not make me think the world would be better off without him. None of his former friends tried to see him, and when his mother visited him he was sullen and abusive.

When the time for his hanging came, I spent a dismal night with the sheriff and the chaplain in the office of the warden of the jail. None of them had ever managed a hanging, and they were nervous and haggled about details, such as whether a flag should be flown to show that justice had been done upon Jimmy; it was a foolish question, for a flag would have to be flown at seven o'clock anyway, and that was the official hour for Jmmy's execution; in fact he was to be hanged at six, before the other prisoners were awakened. Whether they were sleeping or not I do not know, but certainly there was none of that outcry or beating on cellbars which is such a feature of romantic drama on this subject. The hangman was busy about concerns of his own. I had seen him; a short, stout, unremarkable man who looked like a carpenter dressed for a funeral, which I suppose is what he was. The chaplain went to Jimmy and soon returned. The doctor came at five, and with him two or three newspaper reporters. In all, there were about a dozen of us at last, of whom only the hangman had ever been present at such an affair before.