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By Root 20559 0

so much as sensed the fevers or fires that Clyde had known, yet who, being a decidedly affectionate father and husband, could very well sense what Mrs. Griffiths’ present emotions must be. Yet greatly exercised by the compulsion which the facts, as he understood them, as well as a deep-seated and unchangeable submission to law and order, thrust upon him. Like the pardon clerk before him, he had read all the evidence submitted to the Court of Appeals, as well as the latest briefs submitted by Belknap and Jephson. But on what grounds could he—David Waltham, and without any new or varying data of any kind—just a reinterpretation of the evidence as already passed upon—venture to change Clyde’s death sentence to life imprisonment? Had not a jury, as well as the Court of Appeals, already said he should die?

In consequence, as Mrs. Griffiths began her plea, her voice shaky— retracing as best she could the story of Clyde’s life, his virtues, the fact that at no time ever had he been a bad or cruel boy—that Roberta, if not Miss X, was not entirely guiltless in the matter— he merely gazed at her deeply moved. The love and devotion of such a mother! Her agony in this hour; her faith that her son could not be as evil as the proven facts seemed to indicate to him and every one else. “Oh, my dear Governor, how can the sacrifice of my son’s life now, and when spiritually he has purged his soul of sin and is ready to devote himself to the work of God, repay the state for the loss of that poor, dear girl’s life, whether it was accidentally or otherwise taken—how can it? Can not the millions of people of the state of New York be merciful? Cannot you as their representative exercise the mercy that they may feel?”

Her voice broke—she could not go on. Instead she turned her back and began to cry silently, while Waltham, shaken by an emotion he could not master, merely stood there. This poor woman! So obviously honest and sincere. Then the Reverend McMillan, seeing his opportunity, now entering his plea. Clyde had changed. He could not speak as to his life before—but since his incarceration— or for the last year, at least, he had come into a new understanding of life, duty, his obligations to man and God. If but the death sentence could be commuted to life imprisonment—

And the Governor, who was a very earnest and conscientious man, listened with all attention to McMillan, whom, as he saw and concluded was decidedly an intense and vital and highly idealistic person. No question in his own mind but what the words of this man—whatever they were, would be true—in so far as his own understanding would permit the conception of a truth.

“But you, personally, Mr. McMillan,” the Governor at last found voice to say, “because of your long contact with him in the prison there—do you know of any material fact not introduced at the trial which would in any way tend to invalidate or weaken any phase of the testimony offered at the trial? As you must know this is a legal proceeding. I cannot act upon sentiment alone—and especially in the face of the unanimous decision of two separate courts.”

He looked directly at McMillan, who, pale and dumb, now gazed at him in return. For now upon his word—upon his shoulders apparently was being placed the burden of deciding as to Clyde’s guilt or innocence. But could he do that? Had he not decided, after due meditation as to Clyde’s confessions, that he was guilty before God and the law? And could he now—for mercy’s sake—and in the face of his deepest spiritual conviction, alter his report of his conviction? Would that be true—white, valuable before the Lord? And as instantly deciding that he, Clyde’s spiritual adviser, must not in any way be invalidated in his spiritual worth to Clyde. “Ye are the salt of the earth; but if the salt have lost his savor, wherewith shall it be salted?” And forthwith he declared: “As his spiritual advisor I have entered only upon the spiritual, not the legal aspect of his life.” And thereupon Waltham at once deciding, from something in McMillan’s manner that he, like all others, apparently,