The next morning they woke him, fed him, and took him back to court. Jan came to the stand and said what he had said at the inquest. Buckley made no attempt to link Jan with the murder of Mary. G.H. and Gus and Jack told of how they used to steal from stores and newsstands, of the fight they had had the morning they planned to rob Blum’s. Doc told of how Bigger had cut the cloth of his pool table and said that Bigger was “mean and bad, but sane.” Sixteen policemen pointed him out as “the man we captured, Bigger Thomas.” They said that a man who could elude the law as skilfully as Bigger had was “sane and responsible.” A man whom Bigger recognized as the manager of the Regal Theatre told how Bigger and boys like him masturbated in the theatre, and of how he had been afraid to speak to them about it, for fear that they might start a fight and cut him. A man from the juvenile court said that Bigger had served three months in a reform school for stealing auto tires.
There was a recess and in the afternoon five doctors said that they thought Bigger was “sane, but sullen and contrary.” Buckley brought forth the knife and purse Bigger had hidden in the garbage pail and informed the Court that the city’s dump had been combed for four days to find them. The brick he had used to strike Bessie with was shown; then came the flashlight, the Communist pamphlets, the gun, the blackened earring, the hatchet blade, the signed confession, the kidnap note, Bessie’s bloody clothes, the stained pillows and quilts, the trunk, and the empty rum bottle which had been found in the snow near a curb. Mary’s bones were brought in and women in the court room began to sob. Then a group of twelve workmen brought in the furnace, piece by piece, from the Dalton basement and mounted it upon a giant wooden platform. People in the room stood to look and the judge ordered them to sit down.
Buckley had a white girl, the size of Mary, crawl inside of the furnace “to prove beyond doubt that it could and did hold and burn the ravished body of innocent Mary Dalton; and to show that the poor girl’s head could not go in and the sadistic Negro cut it off.” Using an iron shovel from the Dalton basement, Buckley showed how the bones had been raked out; explained how Bigger had “craftily crept up the stairs during the excitement and taken flight.” Mopping sweat from his face, Buckley said,
“The State rests, Your Honor!”
“Mr. Max,” the judge said. “You may proceed to call your witnesses.”
“The defense does not contest the evidence introduced here,” Max said. “I therefore waive the right to call witnesses. As I stated before, at the proper time I shall present a plea in Bigger Thomas’ behalf.”
The judge informed Buckley that he could sum up. For an hour Buckley commented upon the testimony of the State’s witnesses and interpreted the evidence, concluding with the words,
“The intellectual and moral faculties of mankind may as well be declared impotent, if the evidence and testimony submitted by the State are not enough to compel this Court to impose the death sentence upon Bigger Thomas, this despoiler of women!”
“Mr. Max, will you be prepared to present your plea tomorrow?” the judge asked.
“I will, Your Honor.”
Back in his cell, Bigger tumbled lifelessly onto his cot. Soon it’ll all be over, he thought. Tomorrow might be the last day; he hoped so. His sense of time was gone; night and day were merged now.
The next morning he was awake in his cell when Max came. On his way to court he wondered what Max would say about him. Could Max really save his life? In the act of thinking the thought, he thrust it from him. If he kept hope from his mind, then whatever happened would seem natural. As he was led down the hall, past windows, he saw that the mob and the troops still surrounded the court house. The building was still jammed with muttering people. Policemen had to make an aisle for him in the crowd.
A pang of fear shot through him when he saw that he had been the first to get to the table. Max was somewhere behind him, lost in the crowd. It was then that he felt more deeply than ever what Max had grown to mean to him. He was defenseless now. What was there to prevent those people from coming across those railings and dragging him into the street, now that Max was not here? He sat, not daring to look round, conscious that every eye was upon him. Max’s presence during the trial had made him feel that somewhere in that crowd that stared at him so steadily and resentfully was something he could cling to, if only he could get at it. There smoldered in him the hope that Max had made him feel in the first long talk they had had. But he did not want to risk trying to make it flare into flame now, not with this trial and the words of hate from Buckley. But neither did he snuff it out; he nursed it, kept it as his last refuge.
When Max came Bigger saw that his face was pale and drawn. There were dark rings beneath the eyes. Max laid a hand on Bigger’s knee and whispered,
“I’m going to do all I can, son.”
Court opened and the judge said,
“Are you ready to proceed, Mr. Max?”
“Yes, Your Honor.”
Max rose, ran his hand through his white hair and went to the front of the room. He turned and half-faced the judge and Buckley, looking out over Bigger’s head to the crowd. He cleared his throat.
“Your Honor, never in my life have I risen in court to make a plea with a firmer conviction in my heart. I know that what I have to say here today touches the destiny of an entire nation. My plea is for more than one man and one people. Perhaps it is in a manner fortunate that the defendant has committed one of the darkest crimes in our memory; for if we can encompass the life of this man and find out what has happened to him, if we can understand how subtly and yet strongly his life and fate are linked to ours—if we can do this, perhaps we shall find the key to our future, that rare vantage point upon which every man and woman in this nation can stand and view how inextricably our hopes and fears of today create the exultation and doom of tomorrow.
“Your Honor, I have no desire to be disrespectful to this Court, but I must be honest. A man’s life is at stake. And not only is this man a criminal, but he is a black criminal. And as such, he comes into this court under a handicap, notwithstanding our pretensions that all are equal before the law.
“This man is different, even though his crime differs from similar crimes only in degree. The complex forces of society have isolated here for us a symbol, a test symbol. The prejudices of men have stained this symbol, like a germ stained for examination under the microscope. The unremitting hate of men has given us a psychological distance that will enable us to see this tiny social symbol in relation to our whole sick social organism.
“I say, Your Honor, that the mere act of understanding Bigger Thomas will be a thawing out of icebound impulses, a dragging of the sprawling forms of dread out of the night of fear into the light of reason, an unveiling of the unconscious ritual of death in which we, like sleep-walkers, have participated so dreamlike and thoughtlessly.
“But I make no excessive claims, Your Honor. I do not deal in magic. I do not say that if we understand this man’s life we shall solve all our problems, or that when we have all the facts at our disposal we shall automatically know how to act. Life is not that simple. But I do say that, if, after I have finished, you feel that death is necessary, then you are making an open choice. What I want to do is inject into the consciousness of this Court, through the discussion of evidence, the two possible courses of action open to us and the inevitable consequences flowing from each. And then, if we say death, let us mean it; and if we say life, let us mean that too; but whatever we say, let us know upon what ground we are putting our feet, what the consequences are for us and those whom we judge.
“Your Honor, I would have you believe that I am not insensible to the deep burden of responsibility I am throwing upon your shoulders by the manner in which I have insisted upon conducting the defense of this boy’s life, and in my resolve to place before you the entire degree of his guilt for judgment. But, under the circumstances, what else could I have done? Night after night, I have lain without sleep, trying to think of a way to picture
to you and to the world the causes and reasons why this Negro boy sits here a self-confessed murderer. But every time I thought I had discovered a vital piece of evidence bearing upon his fate, I could hear in my mind’s ear the low, angry muttering of that mob which the state troops are holding at bay beyond that window.
“How can I, I asked myself, make my voice heard with effect above the hungry yelping of hounds on the hunt? How can I, I asked myself, make the picture of what has happened to this boy show plain and powerful upon a screen of sober reason, when a thousand newspaper and magazine artists have already drawn it in lurid ink upon a million sheets of public print? Dare I, deeply mindful of this boy’s background and race, put his fate in the hands of a jury (not of his peers, but of an alien and hostile race!) whose minds are already conditioned by the press of the nation; a press which has already reached a decision as to his guilt, and in countless editorials suggested the measure of his punishment?
“No! I could not! It would be better if we had no courts of law, than that justice should be administered under such conditions! An outright lynching would be more honest than a “mock trial”! Rather that courts be abolished and each man buy arms and proceed to protect himself or make war for what he thinks is rightfully his own, than that a man should be tried by men who have already made up their minds that he is guilty. I could not have placed at the disposal of a jury the evidence, so general and yet so confoundingly specific, so impalpable and yet so disastrous in its terrible consequences—consequences which have affected my client and account for his being here today before the bar of judgment with his life at stake—I could not have done that and have been honest with myself or with this boy.
“So today I come to face this Court, rejecting a trial by jury, willingly entering a plea of guilty, asking in the light of the laws of this state that this boy’s life be spared for reasons which I believe affect the foundations of our civilization.
“The most habitual thing for this Court to do is to take the line of least resistance and follow the suggestion of the State’s Attorney and say, ‘Death!’ And that would be the end of this case. But that would not be the end of this crime! That is why this Court must do otherwise.
“There are times, Your Honor, when reality bears features of such an impellingly moral complexion that it is impossible to follow the hewn path of expediency. There are times when life’s ends are so raveled that reason and sense cry out that we stop and gather them together again before we can proceed.
“What atmosphere surrounds this trial? Are the citizens soberly intent upon seeing that the law is executed? That retribution is dealt out in measure with the offense? That the guilty and only the guilty is caught and punished?
“No! Every conceivable prejudice has been dragged into this case. The authorities of the city and state deliberately inflamed the public mind to the point where they could not keep the peace without martial law. Responsible to nothing but their own corrupt conscience, the newspapers and the prosecution launched the ridiculous claim that the Communist Party was in some way linked to these two murders. Only here in court yesterday morning did the State’s Attorney cease implying that Bigger Thomas was guilty of other crimes, crimes which he could not prove. And, because I, a Jew, dared defend this Negro boy, for days my mail has been flooded with threats against my life. The manner in which Bigger Thomas was captured, the hundreds of innocent Negro homes invaded, the scores of Negroes assaulted upon the streets, the dozens who were thrown out of their jobs, the barrage of lies poured out from every source against a defenseless people—all of this was something unheard of in democratic lands.
“The hunt for Bigger Thomas served as an excuse to terrorize the entire Negro population, to arrest hundreds of Communists, to raid labor union headquarters and workers’ organizations. Indeed, the tone of the press, the silence of the church, the attitude of the prosecution and the stimulated temper of the people are of such a nature as to indicate that more than revenge is being sought upon a man who has committed a crime.
“What is the cause of all this high feeling and excitement? Is it the crime of Bigger Thomas? Were Negroes liked yesterday and hated today because of what he has done? Were labor unions and workers’ halls raided solely because a Negro committed a crime? Did those white bones lying on that table evoke the gasp of horror that went up from the nation? Did the feeling against the Jews in the city rise only because a Jewish lawyer is defending a black boy?
“Your Honor, you know that this is not the case! All of the factors in the present hysteria existed before Bigger Thomas was ever heard of. Negroes, workers, and labor unions were hated as much yesterday as they are today.
“Crimes of even greater brutality and horror have been committed in this city. Gangsters have killed and have gone free to kill again. But none of that brought forth an indignation to equal this.
“Your Honor, that mob did not come here of its own accord! It was incited! Until a week ago those people lived their lives as quietly as always.
“Who, then, fanned this latent hate into fury? Whose interest is that thoughtless and misguided mob serving? Why did every agency of communication in the city suddenly spew forth lies, telling our citizens that they had to protect what they owned against Bigger Thomas and men like him? Who provoked this hysteria so that they might profit by it?
“The State’s Attorney knows, for he promised the Loop bankers that if he were re-elected demonstrations for relief would be stopped! The Governor of the state knows, for he has pledged the Manufacturers’ Association that he would use troops against workers who went out on strike! The Mayor knows, for he told the merchants of the city that the budget would be cut down, that no new taxes would be imposed to satisfy the clamor of the masses of the needy!
“There is guilt in the rage that demands that this man’s life be snuffed out quickly! There is fear in the hate and impatience which impels the action of the mob congregated upon the streets beyond that window! Each of them—the mob and the mob-masters; the wire-pullers and the frightened; the leaders and their pet vassals—know and feel that their lives are built upon a historical deed of wrong against many people, people from whose lives they have bled their leisure and their luxury! Their feeling of guilt is as deep as that of the boy who sits here on trial today. Fear and hate and guilt are the keynotes of this drama!
“Your Honor, for the sake of this boy and myself, I wish I could bring to this Court evidence of a morally worthier nature. I wish I could say that love, ambition, jealousy, the quest for adventure, or any of the more romantic feelings were back of these two murders. If I could honestly invest the hapless actor in this fateful drama with feelings of a loftier cast, my task would be easier and I would feel confident of the outcome. The odds would be with me, for I would be appealing to men bound by common ideals to judge with pity and understanding one of their brothers who erred and fell in struggle. But I have no choice in this matter. Life has cut this cloth; not I.
“We must deal here with the raw stuff of life, emotions and impulses and attitudes as yet unconditioned by the strivings of science and civilization. We must deal here with a first wrong which, when committed by us, was understandable and inevitable; and then we must deal with the long trailing black sense of guilt stemming from that wrong, a sense of guilt which self-interest and fear would not let us atone. And we must deal here with the hot blasts of hate engendered in others by that first wrong, and then the monstrous and horrible crimes flowing from that hate, a hate which has seeped down into the hearts and molded the deepest and most delicate sensibilities of multitudes.
“We must deal here with a dislocation of life involving millions of people, a dislocation so vast as to stagger the imagination; so fraught with tragic consequences as to make us rather not want to look at it or think of it; so old that we would rather try to view it as an order of nature and strive with uneasy conscience and false moral fervor to keep it so.
“We must deal here, on both sides of the fence, among
whites as well as blacks, among workers as well as employers, with men and women in whose minds there loom good and bad of such height and weight that they assume proportions of abnormal aspect and construction. When situations like this arise, instead of men feeling that they are facing other men, they feel that they are facing mountains, floods, seas: forces of nature whose size and strength focus the minds and emotions to a degree of tension unusual in the quiet routine of urban life. Yet this tension exists within the limits of urban life, undermining it and supporting it in the same gesture of being.
“Allow me, Your Honor, before I proceed to cast blame and ask for mercy, to state emphatically that I do not claim that this boy is a victim of injustice, nor do I ask that this Court be sympathetic with him. That is not my object in embracing his character and his cause. It is not to tell you only of suffering that I stand here today, even though there are frequent lynchings and floggings of Negroes throughout the country. If you react only to that part of what I say, then you, too, are caught as much as he in the mire of blind emotion, and this vicious game will roll on, like a bloody river to a bloodier sea. Let us banish from our minds the thought that this is an unfortunate victim of injustice. The very concept of injustice rests upon a premise of equal claims, and this boy here today makes no claim upon you. If you think or feel that he does, then you, too, are blinded by a feeling as terrible as that which you condemn in him, and without as much justification. The feeling of guilt which has caused all of the mob-fear and mob-hysteria is the counterpart of his own hate.
“Rather, I plead with you to see a mode of life in our midst, a mode of life stunted and distorted, but possessing its own laws and claims, an existence of men growing out of the soil prepared by the collective but blind will of a hundred million people. I beg you to recognize human life draped in a form and guise alien to ours, but springing from a soil plowed and sown by all our hands. I ask you to recognize the laws and processes flowing from such a condition, understand them, seek to change them. If we do none of these, then we should not pretend horror or surprise when thwarted life expresses itself in fear and hate and crime.
Native Son Page 42
