Adventure Magazine Cover, October 1911 — page 16: what you’re looking at

Machine-transcribed from the original scan — historical spelling and the odd misread are preserved.

962 For half an hour he exhausted the possi- bilities of pathetic appeal, righteous wrath and dignified contempt. Finally, with a graceful eulogy upon the dignity and benefi- cence of the magistrate’s office, and a tactful assertion of confidence in the wisdom of the luminary there occupying the bench, he left the case in his Honor’s hands. iQ superlative adjectives there was enough basis of apparent fact, as shown in the evidence, to drive the last smile from the faces in the court-room. The judge meditated for a moment with eyes on thedesk; then asked, “‘Has the respon- dent anything to say in his own defense? ”’ As I looked at the big fellow, I felt I never had known how much he meant to me and how much he might mean to the world. With the realization came a hot anger at the injustice of it all, and at{the indecent haste of this mummery. I wanted to jump up and shout, ‘Stop right here! Do you know you are going to ruin a powerful man, whose only offense has been to take the part of weak old age? To punish this man will ruin and embitter one who might be a tremendous force for good!” The only thing that prevented me was the power of Trainor’s presence. He rose quietly to his full height and faced the court. He stood easily relaxed, empty hands by his side, level gaze on the judge’s face. There was nothing grotesque in his big- ness seen there; it was simply right and satisfying at that distance and his large clear features made others seem small and weak by comparison. Overwrought, I saw in an instant what it meant. He wasa born leader of men. Such may seem out of drawing at close range, irritating in everyday intercourse, by reason of their very size and strength. But a crisis comes, men must be moved in mass, and your big man is where he belongs! Up at the front, on a flower-decked stage or the head of a barrel, he stands for the Want of the People. As his big presence fills the eye, as his big voice fills the ear, the big heart of the crowd beats with his words; he sweeps men on to fulfil their destiny and makes history. This I felt, in a moment of prophetic in- sight, and with it the conviction that such aman could not be allowed to fail, tripped by so trivial an obstacle. BENEATH all. the bombast and Adventure There was a whispering stir in the room, stilled, as Trainor rose to his feet. Easily relaxed, empty hands quiet at his sides, he faced the court and I have never seen any- thing finer than his air of gentle respect when he addressed the judge, “Your Honor! Ladies and gentlemen!”’ His distinct enunciation made the low words fill the room. For a few seconds he stood still and the hush deepened. “One serious charge has been made against me, the charge that I have wantonly defiedthelaw!’’ Thejudge’seyes came up to Trainor’sfaceand rested there, intent. More slowly and distinctly the big man went on: “That charge is false! I shall not insult the intelligence of the Court by reviewing the evidence, but I shall tell the truth! I shot eight pigeons in the garden they were destroying, in defense of that property, be- cause it was the only way to protect that property. “It was the only way, because the owner would not restrain the birds, and he could not be forced to restrain them. That is my offense and defense.”’ Again he paused, and leaned slightly for- ward as he drove home the last slow words, “The reason why he could not be forced to restrain the birds, and why I was forced to destroy them, is also the reason why this complaint against me will be dismissed! “T refer you to pages and of the - Decisions of the Supreme Court of Massa- chusetts, where it has been held tha Ss In the instant’s interval, he rested his hands on the rail before him and paused be- tween his words, “Flying birds—unrestrained—are—not— . property!” In a dead silence he sat down. Before his last sentence, swift comprehension and relief had flashed into the penetrating face of the judge. Now, while the people in the room were looking at one another in a daze and whispering, “What was that? What did he say?” his Honor moved some papers on the desk and rapped for order. Again there was strained attention. ‘“‘So far as defiance of law is concerned,” he said slowly, ‘‘I am convinced from the young man’s manner that he has spoken the truth. Further, his point in law is well taken. Unrestrained birds are not prop- erty; therefore no property has been des- troyed and I have no choice—I must dis- miss the complaint!” CO MICLOOKS CO