This characteristic expression of strong individuality, or, it may have been, belief in the righteousness of his cause as he himself saw it, was not only the cause of widespread adverse comment, but also was made the occasion, by the prosecution, for further hammering home of the idea of the prisoner’s obstinacy and erraticism.
The prosecuting attorney, as a good lawyer, did not fail to make capital of the additional fact that the accused declined to cross-examine the State’s witnesses, or call to the stand witnesses of his own. Nor of the further innovation of the defense also allowing the entire case for the State to be presented to the jury without so much as a single objection made, exception taken, or comment on any of the proceedings during the days that the trial consumed, until the last.
Not even during the selection of the jury did Smith avail himself of his legal constitutional rights of examination or challenge. He gave every evidence of entire indifference to the personnel of the body of men who had in their hands the decision as to his innocence or guilt, his freedom or his execution. With perfunctory nods or formal expressions of acceptance he permitted the prosecuting attorney to, practically, choose his own jury, displaying a lack of interest in their personalities or possible prejudices that could not have been greater had he been no more than a mere spectator in the courtroom.
When the prosecuting attorney closed the case for the State with a truly masterly summing up, it was felt by many who were in attendance at the trial that the jury would render a verdict of murder in the first degree without leaving their seats, or, at least, that they might as well do so, except for the formality of retiring for wholly unnecessary deliberation and casting of a ballot.
Chapter V
This, then, was the situation when Samuel Smith, his manner cool, his bearing confident, his voice low-pitched, but vibrant with feeling, his attitude that of deep respect for the Court and deference to the jury, rose to his feet, saying:
“May it please Your Honor, Foreman and gentlemen of the jury: It has been said that the man who pleads his own case has a fool for a client. I presume that the converse is equally true that the client has his equal in that respect for a counsellor. Possibly, long experience in courts has proven the correctness of that opinion. Right or wrong, wise or foolish, I have wilfully taken whatever risk is involved in the double disqualification for proper presentation of my claims before you.
“When the Court offered to appoint an attorney to defend me I declined for several reasons. I did not have enough money to employ a good lawyer. Emphatically, I did not want to risk my life with one of lesser ability. However earnest and industrious, any but the best might place me in additional jeopardy through his inexperience or incompetence. Nor was I willing to accept counsel paid by the State. With the inadequate fee allowed under such circumstances, even a good lawyer could not feel that deep and abiding interest which I conceive my defense both deserves and needs. Not seeking the burden in the face of the cumulative evidence that has been presented against me, and poorly paid, he would have been apt, however conscientious he might be, to go through with this trial in a perfunctory manner. That risk would be too great for me to assume. My circumstance is perilous enough as it is. I must avoid every possible weakness. I must compel every element of strength.
“I say this with all due respect to His Honor, the Court, and the legal profession which he enlightens and advances as a member, and for which I have the highest admiration and most profound regard.
“I have studied for the law myself, but, possibly fortunately for any clients I might have had, I failed to pass the necessary examination for admission to the Bar. Therefore, if I am guilty of technical errors in the conduct of my defense, or overstep the bounds of my rights or propriety, I trust that His Honor will bear with and correct me, in so far as his position on the bench permits. I hope also that you gentlemen will be lenient in your judgment of my mistakes due to ignorance. Other consideration, except that for truth and justice, I neither ask nor desire.
“No one can know this case better than I, because no one else has or can have the same vital interest in understanding its essentials or the significance of its details. I am not, as a lawyer would be, interested in winning it for the protection of my client, my own reputation and my earned fees. I literally am pleading for both my life and my liberty. And more. I am fighting for the vindication of my honor and standing amongst my fellowmen.
“I am accused, gentlemen of the jury, of a most horrible crime. A crime for which, were I guilty, mere hanging would be wholly inadequate punishment. Had I committed this abhorrent act, then the ancient rack and wheel, or tearing asunder by wild horses, would be more nearly fitting as expiation. But no expiation is possible in this world for such a deed. Nothing the law can inflict, nothing that I could suffer, would serve to lighten the darkness of such a crime by the depth of a shadow.
“I say this soberly and with full realization of what it means should you gentlemen believe me guilty and so render your verdict. I say to you seriously that, were I in your place, and believed me guilty of this crime, I would, the law permitting, wreak some such terrible vengeance upon so base and despicable a wretch as the man who had so stained his hands and soul.
“I am not guilty. I thank God I can look you in the face and say that. I am not guilty as charged, and expect to prove my innocence to you beyond the peradventure of a doubt.
“You have heard the testimony of the witnesses for the prosecution. I am not blaming them for what they have said. I consider them honest men and women, laboring under a most awful and mistaken conception of the truth. I think they testified according to their understanding and belief. But I know that misunderstanding to be contrary to the facts. I know that belief is based on their inability to know those facts. The facts have not been presented to them, either before or during this trial. The facts have not been laid before you, gentlemen of the jury. Even I do not know all of them, much as I know. Only one man does. I mean that he shall tell.
“I shall not, however, cross-examine these well-meaning but deluded witnesses who have done their best, and worst, to convict me. I am not sufficiently skilful in the ways and art of the clever advocate to do so successfully. I have no desire to impugn their motives or question their intent. There is a marked distinction, which I want to preserve, between discrediting the testimony and discrediting the witness. I shall allow their testimony to stand without other question than that with which I challenge the entirety of the indictment against me.
“You will have noticed also, since your attention has been called to it by the learned counsellor for the State, that I took no exceptions, in either the technical legal sense or the literal, to anything that was said by any of these witnesses, or by the prosecuting attorney. Statements have been made in the guise of evidence that I do not think are admissible according to legal procedure. But I do not care to argue that point, or take any advantage of it. The truth shall prevail. I have no intention or desire to appeal this case to a higher court, either State or Federal. If you find me guilty as charged, the only court to which I shall carry my appeal is that Higher One, before which we all must appear sooner or later to answer for our conduct here below.
“I have, in fact, no longer any incentive to live or cling to this existence. Merely to die would be a welcome release from the abyss of sorrow in which I am steeped. My wife made life a joy and a blessing. Without her to share it, the balance is of neither worth nor moment. But, for her sake rather than for my own, I am not content to go hence by a shameful route and branded as a criminal.