To Kill A Mockingbird - Book 1 - - Page 97
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Book 1 - - Page 97

But lots of folks have been hunghangedon circumstantial evidence, said Jem.

I know, and lots of em probably deserved it, toobut in the absence of eyewitnesses theres always a doubt, sometimes only the shadow of a doubt. The law says reasonable doubt, but I think a defendants entitled to the shadow of a doubt. Theres always the possibility, no matter how improbable, that hes innocent.

Then it all goes back to the jury, then. We oughta do away with juries. Jem was adamant.

Atticus tried hard not to smile but couldnt help it. Youre rather hard on us, son. I think maybe there might be a better way. Change the law. Change it so that only judges have the power of fixing the penalty in capital cases.

Then go up to Montgomery and change the law.

Youd be surprised how hard thatd be. I wont live to see the law changed, and if you live to see it youll be an old man.

This was not good enough for Jem. No sir, they oughta do away with juries. He wasnt guilty in the first place and they said he was.

If you had been on that jury, son, and eleven other boys like you, Tom would be a free man, said Atticus. So far nothing in your life has interfered with your reasoning process. Those are twelve reasonable men in everyday life, Toms jury, but you saw something come between them and reason. You saw the same thing that night in front of the jail. When that crew went away, they didnt go as reasonable men, they went because we were there. Theres something in our world that makes men lose their headsthey couldnt be fair if they tried. In our courts, when its a white mans word against a black mans, the white man always wins. Theyre ugly, but those are the facts of life.

Doesnt make it right, said Jem stolidly. He beat his fist softly on his knee. You just cant convict a man on evidence like thatyou cant.

You couldnt, but they could and did. The older you grow the more of it youll see. The one place where a man ought to get a square deal is in a courtroom, be he any color of the rainbow, but people have a way of carrying their resentments right into a jury box. As you grow older, youll see white men cheat black men every day of your life, but let me tell you something and dont you forget itwhenever a white man does that to a black man, no matter who he is, how rich he is, or how fine a family he comes from, that white man is trash.

Atticus was speaking so quietly his last word crashed on our ears. I looked up, and his face was vehement. Theres nothing more sickening to me than a low-grade white man wholl take advantage of a Negros ignorance. Dont fool yourselvesits all adding up and one of these days were going to pay the bill for it. I hope its not in you childrens time.

Jem was scratching his head. Suddenly his eyes widened. Atticus, he said, why dont people like us and Miss Maudie ever sit on juries? You never see anybody from Maycomb on a jurythey all come from out in the woods.

Atticus leaned back in his rocking-chair. For some reason he looked pleased with Jem. I was wondering when thatd occur to you, he said. There are lots of reasons. For one thing, Miss Maudie cant serve on a jury because shes a woman

You mean women in Alabama cant? I was indignant.

I do. I guess its to protect our frail ladies from sordid cases like Toms. Besides, Atticus grinned, I doubt if wed ever get a complete case triedthe ladiesd be interrupting to ask questions.

Jem and I laughed. Miss Maudie on a jury would be impressive. I thought of old Mrs. Dubose in her wheelchairStop that rapping, John Taylor, I want to ask this man something. Perhaps our forefathers were wise.

Atticus was saying, With people like usthats our share of the bill. We generally get the juries we deserve. Our stout Maycomb citizens arent interested, in the first place. In the second place, theyre afraid. Then, theyre

Afraid, why? asked Jem.

Well, what ifsay, Mr. Link Deas had to decide the amount of damages to award, say, Miss Maudie, when Miss Rachel ran over her with a car. Link wouldnt like the thought of losing either ladys business at his store, would he? So he tells Judge Taylor that he cant serve on the jury because he doesnt have anybody to keep store for him while hes gone. So Judge Taylor excuses him. Sometimes he excuses him wrathfully.