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By Root 2924 0

of great corporations and lunatic assassins. What brings him, you might reasonably ask, to our little town, so far from the teeming city of Chicago, and to this case in particular? The state cannot pretend that there are not forces at work here—for the accused, during her years of residence in New York City, found employment with some of the most powerful people in that metropolis. And they, perhaps naturally, seek to aid her in this, her hour of need. And so they have reached out of state for the assistance of, as I say, a very accomplished attorney. That is their affair. But you should be aware of this much: in the process of becoming so accomplished, the counsel for the defense has learned a thing or two about juries. He has learned about how they think, how they feel, and how they view the terrible responsibility of deciding a fellow human being’s fate in a capital case. Yes, you will doubtless hear a great deal about your responsibility, when the counsel for the defense makes his opening remarks.”

For the first time Mr. Picton smiled, ever so briefly, at the twelve faces before him. “But what is your responsibility, gentlemen?” he asked, his face going straight again. “To weigh the evidence and the testimony which will be presented to you by the state, as well as the defense. Nothing less—and nothing more. The counsel for the defense will ask you to believe that he does not intend to work upon your emotions and your natural sympathies, only that he wishes to present to you as clear and honest an argument as possible, so that if you decide that this woman is guilty the responsibility will be yours and yours alone. But, gentlemen, our jury system has been centuries perfecting a means of ensuring that no one man would ever feel that he held the fate of another in his hands in imitation of the Almighty. Your responsibility is only to weigh what is presented to you. It is the responsibility of the counsel for the defense and the responsibility of the state to adequately prepare and communicate their arguments. If you find the accused not guilty, then the responsibility is not yours—it belongs to the state. To me, gentlemen. And what is true of one side is true of the other. You are not the Inquisition of old, commissioned and empowered to arbitrarily decide the fate of a fellow human being. If you were, then indeed, you should bear the responsibility for what happens here. But that is not your commission. Your task is simply to listen—to the evidence, the witnesses, and the voice of doubt that is inside each of you. If I cannot silence that voice to a reasonable extent, then you must decide against the state. And believe me, gentlemen, it is the state that will bear that responsibility.” Mr. Picton turned and glanced at Mr Darrow as he added, “That, at any rate, is the way things are done in the state of New York.”

Returning to his table, Mr. Picton sat down with a heavy breath, then took out his watch, placed it before him, and fixed his eyes on it.

Judge Brown studied Mr. Picton for a few seconds, with a look that combined annoyance with what you might call grudging respect; then he turned to the table on the other side of the room. “Mr. Darrow? Would the defense care to make its introductory remarks now, or will it wait until the opening of its own case?”

Mr. Darrow stood up slowly, giving the judge a small smile as the usual lock of hair fell over his forehead. “I’ve just been considering that question, Your Honor,” he said, his voice sounding deeper and smoother than ever. “I don’t suppose you’ve got any advice for me?”

The crowd chuckled quietly, causing Judge Brown to grab his gavel; but they got themselves settled before he had to start rapping it.

“This doesn’t seem quite the time for levity, Counselor,” the judge said sternly.

Mr. Darrow’s smile disappeared, and all the lines in his face seemed to grow deeper with worry. “No—no, it isn’t, Your Honor, and I apologize for sounding that way. The defense will go ahead and open now, with your permission.” Slowly moving out from behind his table, Mr. Darrow walked