Native Son - Richard Wright [171]
“…indictment number 666-983…. the People of the State of Illinois vs. Bigger Thomas…. The Grand Jurors chosen, selected and sworn in and for the said County of Cook, present that Bigger Thomas did rape and inflict sexual injury upon the body…. strangulation by hand…. smother to death and dispose of body by burning same in furnace…. did with knife and hatchet sever head from body…. said acts committed upon one Mary Dalton, and contrary to the form of the statute in such case made and provided, against the peace and dignity of the People of the State of Illinois….”
The man pronounced Bigger’s name over and over again and Bigger felt that he was caught up in a vast but delicate machine whose wheels would whir no matter what was pitted against them. Over and over the man said that he had killed Mary and Bessie; that he had beheaded Mary; that he had battered Bessie with a brick; that he had raped both Mary and Bessie; that he had shoved Mary in the furnace; that he had thrown Bessie down the air-shaft and left her to freeze to death; and that he had stayed on in the Dalton home when Mary’s body was burning and had sent a kidnap note. When the man finished, a gasp of astonishment came from the court room and Bigger saw faces turning and looking in his direction. The judge rapped for order and asked,
“Is the defendant ready to enter a plea to this indictment?”
Max rose.
“Yes, Your Honor. The defendant, Bigger Thomas, pleads guilty.”
Immediately Bigger heard a loud commotion. He turned his head and saw several men pushing through the crowd toward the door. He knew that they were newspapermen. The judge rapped again for order. Max tried to continue speaking, but the judge stopped him.
“Just a minute, Mr. Max. We must have order!”
The room grew quiet.
“Your Honor,” Max said, “after long and honest deliberation, have determined to make a motion in this court to withdraw our plea of not guilty and enter a plea of guilty.
“The laws of this state allow the offering of evidence in mitigation of punishment, and I shall request, at such time as the Court deems best, that I be given the opportunity to offer evidence as to the mental and emotional attitude of this boy, to show the degree of responsibility he had in these crimes. Also, I want to offer evidence as to the youth of this boy. Further, I want to prevail upon this Court to consider this boy’s plea of guilty as evidence mitigating his punishment….”
“Your Honor!” Buckley shouted.
“Allow me to finish,” Max said.
Buckley came to the front of the room, his face red.
“You cannot plead that boy both guilty and insane,” Buckley said. “If you claim Bigger Thomas is insane, the State will demand a jury trial….”
“Your Honor,” Max said, “I do not claim that this boy is legally insane. I shall endeavor to show, through the discussion of evidence, the mental and emotional attitude of this boy and the degree of responsibility he had in these crimes.”
“That’s a defense of insanity!” Buckley shouted.
“I’m making no such defense,” Max said.
“A man is either sane or insane,” Buckley said.
“There are degrees of insanity,” Max said. “The laws of this state permit the hearing of evidence to ascertain the degree of responsibility. And, also, the law permits the offering of evidence toward the mitigation of punishment.”
“The State will submit witnesses and evidence to establish the legal sanity of the defendant,” Buckley said.
There was a long argument which Bigger did not understand. The judge called both lawyers forward to the railing and they talked for over an hour. Finally, they went back to their seats and the judge looked toward Bigger and said,
“Bigger Thomas, will you rise?”
His body flushed hot. As he had felt when