30 July 2022

15.1 "Was the assembling of these parties in sufficient numbers as to intimidate or make an ordinary man fear for his safety?"

From his courtroom chair later that morning, ARJ fixed his eyes on the world outside the open window. A wild rose bush peeked over the windowsill, dark pink blossoms nodding their heads in the warm breeze. Butterflies of a large variety found the roses. One floated on the breeze until it found a flower. He watched as it unwound its proboscis, dipping it into the flower's center, then flitting to the next. The scene was much nicer than the one within the hall. An attorney for the other side, Mr. Tucker, was in front of the jury, telling them lies about an event the man hadn't attended. It angered ARJ to listen as he described the mob's leaders as "men of high standing in the community." Would the men on the jury believe that?
ARJ turned to the window just in time to see a large
grasshopper land on the bush, startling the butterflies. Its wings buzzed open again, and it landed on the windowsill. ARJ thought it was larger than the one he'd seen yesterday. The insect stared at him with one black eye. Designs on its face and body reminded ARJ of a stained-glass window in some odd way.
A lull in Mr. Tucker's speech pulled ARJ back to the room.
The attorney had ended his remarks and was returning to his seat.
'Good!' ARJ thought to himself.
The judge looked over at Dad's lawyers.
"Is the defense ready for closing arguments?"
Mr. Howitt stood.
"Yes, Your Honor." He said as he tidied a stack of papers. Then, he walked quickly to stand before the jury, paused to straighten his collar, and smiled at the men.
ARJ exhaled slowly and silently. He felt some of the tension leave his body, instinctively understanding that this kind man, now speaking, believed every bit of Mum's testimony of that frightening night.
Mr. Howitt's calm voice filled the room. "It is my experience, both as an attorney and during my time as a judge, that jurors, as intelligent men…, always take in their surroundings. My desire as a counselor, in this case, is only to aid the jury in arriving at a proper conclusion, drawn from the evidence and instructions of the court." He gestured to Judge Campbell, who had given them detailed instructions earlier and read the laws pertaining to Dad's case.
Mr. Howitt continued.
"Men do not all employ the same method of reasoning, and the attorneys in summoning up the case are but aids to help the jury determine the best verdict. The court has told you that in order to find Arthur Dibbens guilty, you must find he made his complaint maliciously…" Mr. Howitt looked down the row of jurors, "and knowingly,… false. The main question for you to decide is this."
He paused, waiting for every eye.
"Was the assembling of these parties in sufficient numbers as to intimidate or make an ordinary man fear for his safety?"
He paused a second time, almost willing them to answer.
"Some twenty or thirty men meet after dark to visit a stranger, a foreigner, to scare him off his claim. He was unfamiliar with the laws and customs of the country. I propose that such a gathering would intimidate any man. It would make no difference what the intentions of the group. Twenty or thirty men visiting a home – in the dark hours of the night and ALL strangers to the defendant. I wonder if you can imagine yourself in that situation?"
Another pause. The jury sat unmoving, not taking their eyes from Mr. Howitt. 

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