IV
The court room was crowded. Guisseppi’s strange story had been spread to the four winds by the newspapers, and everybody was eager to see this man who had passed through the mystic portals of death.
“My client will plead guilty to the Cardello murder,” said Guisseppi’s lawyer. “I take it your honor will agree with me that having paid the penalty of the law for his former crime, he can not again be hanged for that old offense.”
“I do agree with you,” replied the judge. “The sentence was that on a certain day at a certain hour, he be hanged by the neck until dead. This sentence was carried out. He was hanged. He was officially pronounced dead. It is not for me to say whether death was absolute. Perhaps a spark of life remained which was fanned back to full flame. Possibly his soul actually left the body and was recalled by some cryptic means we do not fully understand.
“But, whatever the truth, his return to life creates a unique situation. I know of no precedent of which the law ever has taken cognizance. So far as I know, this case is the first of its kind in history. Since the sentence pronounced upon this man has been carried out legally in every detail, it is my decision that he can not again be hanged for the crime for which he already has paid the penalty.”
“There is one other point which your honor failed to consider,” said Guisseppi’s lawyer. “It is an axiom of law that a man can not, for the same crime, be placed in jeopardy twice. A man can be placed in no greater jeopardy than when, with a hangman’s noose around his neck, he is dropped through the trap-door of a gallows. So, whether Guisseppi was actually dead or whether a faint flicker of life remained, he is forever immune from further punishment for the crime for which he was placed in this great jeopardy.”
“Your point may be well taken,” replied the judge.
“Now, your honor, we come to the Cardello murder charge. It is at the prisoner’s own desire and against my better judgment that I enter a plea of guilty and throw him upon the mercy of the court. There are perhaps some extenuating circumstances. But he is willing to take whatever punishment the court may see fit to inflict. In view of all the circumstances of this extraordinary case, I make a special plea for mercy.”
“I will answer your plea,” returned the judge, “by ordering the case stricken from the docket and the prisoner discharged from custody.”
A murmur of amazement broke the tense hush of the crowded chamber. Guisseppi’s lawyer gasped.
“Am I to understand, your honor—”
“This is not mercy but law,” the judge continued. “This man is legally dead. He is without the pale of all law. A dead man can commit no crime. No provision in the whole range of jurisprudence recognizes the possibility of a dead man’s committing a crime. No man, in the purview of the law, can return from the dead. If we assume that this man was dead, he will remain dead forever in the eyes of the law. If by a miracle he has returned to life and committed murder, there is no punishment within the scope of the statutes that can be decreed against him.
“He is the super-outlaw of all history. Forever beyond the reach of law, the statutes are powerless to deal with him or punish him in any way. If he should shoot down every member of the jury that convicted him, if he should walk into court and kill the judge before whom his case was tried, the law could do nothing to him. He could spend his days as a bandit, robbing, plundering, murdering, and the law could not touch him. Legally he is a ghost, a shadow, an apparition, with no more reality than the beings in a dream. So far as the law is concerned, he does not exist. He can no more be imprisoned, hanged, punished or restricted in his actions than a phantom that exists only in the imagination.”
“A most wonderful construction of the law,” declared Guisseppi’s attorney in happy bewilderment at the turn of events.
“It is less a construction of law as it exists than an admission there is no law applicable to a man legally dead yet actually alive, a man who under the law does not exist. This boy, physically alive but legally dead, has murdered a man with deliberate purpose and malice aforethought. There is no doubt about that. If the law recognized his existence, he should be hanged. Justice demands that he be executed. But he is in some fourth-dimensional legal state beyond the reach of justice. The law is powerless to deal with him. As the administrator of the law, my hands are tied. There is nothing left for me but to set him at liberty.”
Despite the decision of the court that under the law he had no existence, Guisseppi left the chamber smiling and happy, acutely conscious of joyous life in every fibre of his being.
Policeman Rafferty was filled with righteous anger when he learned that he could not collect the $1,000 reward. In answer to his indignant questions, he was told the reward was offered for the arrest of “the person or persons guilty of the murder of Cardello,” and since Guisseppi was neither a person or anything else that the law recognized as existing, he was not guilty of the crime.
Moreover, it was hinted to him that in capturing Guisseppi, he had arrested nobody. In the end, Policeman Rafferty had to laugh in spite of himself.
“The money’s mine, all right,” he said philosophically. “Only I don’t get it.”