THE CLERK. Prisoner at the bar, you stand convicted of felony. Have
you anything to say for yourself, why the Court should not give you
judgment according to law? [FALDER shakes his head]
THE JUDGE. William Falder, you have been given fair trial and found
guilty, in my opinion rightly found guilty, of forgery. [He pauses;
then, consulting his notes, goes on] The defence was set up that you
were not responsible for your actions at the moment of committing
this crime. There is no, doubt, I think, that this was a device to
bring out at first hand the nature of the temptation to which you
succumbed. For throughout the trial your counsel was in reality
making an appeal for mercy. The setting up of this defence of course
enabled him to put in some evidence that might weigh in that
direction. Whether he was well advised to so is another matter. He
claimed that you should be treated rather as a patient than as a
criminal. And this plea of his, which in the end amounted to a
passionate appeal, he based in effect on an indictment of the march
of Justice, which he practically accused of confirming and completing
the process of criminality. Now, in considering how far I should
allow weight to his appeal; I have a number of factors to take into
account. I have to consider on the one hand the grave nature of your
offence, the deliberate way in which you subsequently altered the
counterfoil, the danger you caused to an innocent man--and that, to
my mind, is a very grave point--and finally I have to consider the
necessity of deterring others from following your example.
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