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Train, Arthur Cheney, 1875-1945

"Tutt and Mr. Tutt"

But
indeed no such system was necessary, for the judge's part in the drama
was merely to sustain his colleague's objections and overrule those of
his opponent, after which he himself delivered the _coup de grace_ with
unerring insight and accuracy. When Babson got through charging a jury
the latter had always in fact been instructed in brutal and sneering
tones to convict the defendant or forever after to regard themselves as
disloyal citizens, oath violators and outcasts though the stenographic
record of his remarks would have led the reader thereof to suppose that
this same judge was a conscientious, tender-hearted merciful lover of
humanity, whose sensitive soul quivered at the mere thought of a prison
cell, and who meticulously sought to surround the defendant with every
protection the law could interpose against the imputation of guilt.
He was, as Tutt put it, "a dangerous old cuss." O'Brien was even worse.
He was a bull-necked, bullet-headed, pugnosed young ruffian with beery
eyes, who had an insatiable ambition and a still greater conceit, but
who had devised a blundering, innocent, helpless way of conducting
himself before a jury that deceived them into believing that his
inexperience required their help and his disinterestedness their loyal
support. Both of them were apparently fair-minded, honest public
servants; both in reality were subtly disingenuous to a degree beyond
ordinary comprehension, for years of practise had made them sensitive to
every whimsy of emotion and taught them how to play upon the psychology
of the jury as the careless zephyr softly draws its melody from the
aeolian harp.


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