Module 02 Short Stories with Legal Themes

[Link] the Law - Franz Kafka

2Justice Is Blind - Thomas Wolfe
[Link] Benefit of Doubt - Jack London
[Link] Web of Circumstance - Charles W Chesnutt
[Link] Case for Defense - Graham Greene
[Link] Is blind-Thomas Wolfe

THERE USED TO BE - perhaps there still exists - a purveyor of belles lettres

in the older, gentler vein who wrote a weekly essay in one of the nation's
genteeler literary publications, under the whimsical nom de plume of Old Sir
Kenelm. Old Sir Kenelm, who had quite a devoted literary following that
esteemed him as a perfect master of delightful letters, was a leisurely essayist
of the Lambsian school. He was always prowling around in out of- theway
corners and turning up with something quaint and unexpected that made his
readers gasp and say, "Why, I've passed that place a thousand times and I
never dreamed of anything like that!" In the rush, the glare, the fury of
modern life many curious things, alas, get overlooked by most of us; but
leave it to Old Sir Kenelm, he would always smell them out. He had a nose
for it. He was a kind of enthusiastic rubber up of tarnished brasses, and
assiduous terreterout of grimy cornerstones. The elevated might roar above
him, and the subway underneath him, and a hurricane of machinery all about
him, while ten thousand strident tones passed and swarmed and dinned in his
ears--above all this raucous tumult Old Sir Kenelm rose serene: if there was a
battered inscription anywhere about, caked over with some fifty years of city
dirt, he would be sure to find it, and no amount of paint of scaly rust could
deceive his falcon eye for Revolutionary brick.
The result of it was, Old Sir Kenelm wandered all around through the
highways and byways of Manhattan, Brooklyn, and the Bronx discovering
Dickens everywhere; moreover, as he assured his readers constantly, anyone
with half an eye could do the same. Whimsical characters in the vein of
Pickwick simply abounded in the most unexpected places-in filling stations,
automats, and the corner stores of the United Cigar Company.
More than this, seen properly, the automat was just as delightful and quaint a
place as an old inn, and a corner cigar store as delightfully musty and
redolent of good cheer as a tavern in Cheapside. Old Sir Kenelm was at his
best when describing the customs and whimsical waterfront life of Hoboken,
which he immortalized in a delightful little essay as "Old Hobie"; but he
really reached the heights when he applied his talents to the noon-time rush
hour at the soda counter of the corner pharmacy. His description of the quaint
shop girls who foregathered at the counter, the swift repartee and the
Elizabethan jesting of the soda jerkers, together with his mouth-watering
descriptions of
such Lucullan delicacies as steamed spaghetti and sandwiches of pimento
cheese, were enough to make the ghosts of the late William Hazlitt and
Charles Lamb roll over in their shrouds and weep for joy.
It is therefore a great pity that Old Sir Kenelm never got a chance to apply his
elfin talent to a description of the celebrated partnership that bore the name of
Paget and Page. Here, assuredly if ever, was grist for his mill, or in somewhat
more modern phrase, here was a subject right down his alley. Since this
yearning subject has somehow escaped the Master's hand, we are left to
supply the lack as best we can by the exercise of our own modest talents.
The offices of the celebrated firm of Paget and Page were on the thirty
seventh floor of one of the loftier skyscrapers, a building that differed in no
considerable respect from a hundred others unpromising enough, it would
seem, for purposes of Dickensian exploration and discovery. But one who has
been brought up in the hardy disciplines of Old Sir Kenelm's school is not
easily dismayed. If one can find Charles Lamb at soda fountains, why should
one not find Charles Dickens on the thirty-seventh floor? One's introduction
to this celebrated firm was swift, and from an eighteenth century point of
view perhaps a bit unpromising. One entered the great marble corridor of the
building from Manhattan's swarming streets, advanced through marble halls
and passed the newspaper and tobacco stand, and halted before a double row
of shining elevators. As one entered and to the charioteer spoke the magic
syllables, "Paget and Page", the doors slid to and one was imprisoned in a
cage of shining splendor; a lever was pulled back, there was a rushing sound,
punctuated now and then by small clicking noises - the whole thing was done
Quite hermetically, and with no sense of movement save for a slight
numbness in the ears, very much, no doubt, as a trip to the moon in a
projectile would be - until at length, with the same magic instancy, the cage
halted, the doors slid open, and one stepped out upon the polished marble of
the thirty-seventh floor feeling dazed, bewildered, and very much alone, and
wondering how one got there. One turned right along the corridor, and then
left, past rows of glazed. glass offices, formidable names, and the clattering
cachinnations of a regiment of typewriters, and almost before one knew it,
there squarely to the front, at the very dead end of the hall, one stood before
another glazed-glass door in all respects identical with the others except for
these words: Paget and Page:
Counselors at Law.
This was all- these simple functions of the alphabet in orderly arrangement--
but to anyone who has ever broached that portal, what memories they
convey!
Within, the immediate signs of things to come were also unremarkable.
There was an outer office, some filing cases, a safe, a desk, a small telephone
switchboard, and two reasonably young ladies seated busily at typewriters.
Opening from this general vestibule were the other offices of the suite. First
one passed a rather small office with a flat desk, behind which sat a quiet and
timid-looking little gentleman of some sixty years, with a white mustache,
and a habit of peering shyly and quickly at each new visitor over the edges of
the papers with which he was usually involved, and a general facial
resemblance to the little man who has become well known in the drawings of
a newspaper cartoonist as Caspar Milquetoast. This was the senior clerk, a
sort of good man Friday to this celebrated firm. Beyond his cubicle a corridor
led to the private offices of the senior members of the firm.
As one went down this corridor in the direction of Mr. Page--for it is with
him that we shall be principally concerned--one passed the office of Mr.
Paget.
Lucius Page Paget, as he had been christened, could generally be seen sitting
at his desk as one went by. He, too, was an elderly gentleman with silvery
hair, a fine white mustache, and gentle patrician features. Beyond was the
office of Mr. Page.
Leonidas Paget Page was a few years younger than his partner, and in
appearance considerably more robust. As he was sometimes fond of saying,
for Mr. Page enjoyed his little joke as well as any man, he was "the kid
member of the firm." He was a man of average height and of somewhat
stocky build. He was bald, save for a surrounding fringe of iron-gray hair, he
wore a short-cropped mustache, and his features, which were round and solid
and freshcolored, still had [Link] of the chunky plumpness of a boy. At
any rate, one got a very clear impression of what Mr. Page must have looked
like as a child. His solid, healthy-looking face, and a kind of animal drive and
quickness in his stocky figure, suggested that he was a man who liked sports
and out-of-doors.
This was true. Upon the walls were several remarkable photographs
portraying Mr. Page in pursuit of his favorite hobby, which was ballooning.
One saw him, for example, in a splendid exhibit marked "Milwaukee, 1908,"
helmeted and begoggled, peering somewhat roguishly over the edges of the
wicker basket of an enormous balloon which was apparently just about to
take off. There were other pictures showing Mr. Page in similar attitudes,
marked
"St. Louis," or "Chicago," or "New Orleans." There was even one showing
him in the proud possession of an enormous silver cup: this was marked
"Snodgrass Trophy, 1916."
Elsewhere on the walls, framed and hung, were various other evidences of
Mr. Page's profession and his tastes. There was his diploma from the Harvard
Law School, his license to practice and most interesting of all, in a small
frame, a rather faded and ancientlooking photograph of a lawyer's shingle
upon which, in almost indecipherable letters, was the inscription: "Paget and
Page." Below, Mr. Page's own small, fine handwriting informed one that this
was evidence of the original partnership, which had been formed in 1838.
Since then, fortunately, there had always been a Paget to carry on partnership
with Page, and always a Page so to combine in legal union with Paget. The
great tradition had continued in a line of unbroken succession from the time
of the original Paget and the original Page, who had been great-grandfathers
of the present ones. Now, for the first time in almost one hundred years, that
hereditary succession was in danger of extinction; for the present Mr. Page
was a bachelor, and there were no others of his name and kin who could carry
on. But come!-- that prospect is a gloomy one and not to be thought of any
longer here.
There exist in modern life, as Spangler was to find out, certain types of
identities or people who, except for contemporary manifestations of dress, of
domicile, or of furniture, seem to have stepped into the present straight out of
the life of a vanished period. This archaism is particularly noticeable among
the considerable group of people who follow the curious profession known as
the practice of the law. Indeed, as Spangler was now to discover, the
archaism is true of that curious profession itself. Justice, he had heard, is
blind. Of this he was unable to judge, because in all his varied doings with
legal gentlemen he never once had the opportunity of meeting the Lady. If
she was related to the law, as he observed it in majestic operation, the
relationship was so distant that no one, certainly no lawyer, ever spoke of it.
In his first professional encounter with a member of this learned craft,
Spangler was naive enough to mention the Lady right away. He had just
finished explaining to Mr. Leonidas Paget Page the reason for his visit, and in
the heat of outraged innocence and embattled indignation he had concluded:
"But good Lord! They can't do a thing like this! There's no justice in jur . "Ah
now," replied Mr. Page. "Now you're talking about justicel" Spangler, after a
somewhat startled pause, admitted that he was.
"Ah, now! Justice-" said Mr. Page, nodding his head reflectively as if
somewhere he had heard the word before- "Justice. Him, now, yes. But my
dear boy, that's quite another matter. This problem of yours," said Mr. Page,
"is not a matter that involves justice. It is a matter of the Law." And having
delivered himself of these portentous words, his voice sinking to a note of
unctuous piety as he pronounced the holy name of Law, Mr. Page settled
back in his chair with a relaxed movement, as if to say: "There you have it in
a nutshell. I hope this makes it clear to you.
Unhappily it didn't. Spangler, still persisting in his error, struck his hand
sharply against the great mass of letters and documents he had brought with
him and deposited on Mr. Page's desk--the whole accumulation of the
damning evidence that left no doubt whatever about the character and
conduct of his antagonist-- and burst out excitedly:
"But good God, Mr. Page, the whole thing's here! As soon as I found out
what was going on, I simply had to write her as I did, the letter I told you
about, the one that brought all this to a head"
"And quite properly," said Mr. Page with an approving nod. "Quite properly.
It was the only thing to do. I hope you kept a copy of the letter," he added
thriftily.
"Yes," said Spangler. "But see here. Do you understand this thing? The
woman's suing me!" Suing me!" The victim went on in an outraged and
exasperated tone of voice, as of one who could find no words to express the
full enormity of the situation. "But of course she's suing you," said Mr. Page.
"That's just the point. That's why you're here. That's why you've come to see
me, isn't it?"
"Yes, sir. But good God, she can't do this!" the client cried in a baffled and
exasperated tone. "She's in the wrong and she knows it! The whole thing's
here, don't you see that, Mr. Page?" Again Spangler struck the mass of papers
with an impatient hand. "It's here, I tell you, and she can't deny it. She can't
sue me!"
"But she is," said Mr. Page tranquilly.
"Yes -but dammit!-"in an outraged yell of indignation-. "this woman can't sue
me. I've done nothing to be sued about."
"Ah, now!" Mr. Page, who had been listening intently but with a kind of
imperturbable, unrevealing detachment which said plainly, "I hear you but I
grant you nothing," now straightened with a jerk and with an air of
recognition, and said: "Ah, now I follow you. I get your point. I see what
vou're driving at.
You can't be sued, you say, because you've done nothing to be sued about.
My dear
boy!" For the first time Mr. Page allowed himself a smile, a smile tinged with
a shade of good humor and forgiving tolerance, as one who is able to
understand and overlook the fond delusions of youth and immaturity. "My
dear boy," Mr.
Page repeated, "that has nothing in the world to do with it. Oh, absolutely
nothing!" His manner had changed instantly as he spoke these words: he
shook his round and solid face quickly, grimly, with a kind of bulldog
tenacity that characterized his utterance when he stated an established fact,
one that allowed no further discussion or debate. "Absolutely nothing!" cried
Mr. Page, and shook his bulldog jaw again. "You say you can't be sued unless
you've done something to be sued about. My dear sir!"-- here Mr. Page
turned in his chair and looked grimly at his client with a kind of bulldog
earnestness, pronouncing his words now deliberately and gravely, with the
emphasis of a slowly wagging finger as if he wanted to rivet every syllable
and atom of his meaning into his client's brain and memory- "My dear sir,"
said Mr. Page grimly, "you are laboring under a grave misapprehension if
you think you have to do something to be sued about. Do not delude yourself.
That has nothing on earth to do with it! Oh, absolutely nothing!" Again he
shook is bulldog jaws. "From this time on," as he spoke, his words became
more slow and positive, and he hammered each word home with the
emphasis of his authoritative finger-
"from this time on, sir, I want you to bear this fact in mind and never to
forget it for a moment, because it may save you much useless astonishment
and chagrin as you go on through life. Anybody, Mr. Spangler," Mr. Page's
voice rose strong and solid, "anybody- can sue anybody about anything!" He
paused a full moment after he had uttered these words, in order to let their
full significance sink in; then he said: "Now have you got that straight? Can
you remember it?"
The younger man stared at the attorney with a look of dazed and baffled
stupefaction. Presently he moistened his dry lips, and as if he still hoped he
had not heard correctly, said: "you- you mean-even if I have not done
anything?"
"That has nothing on earth to do with it," said Mr. Page as before.
"Absolutely nothing.
"But suppose - suppose, then, that you do not even know the person who
is suing you- that you never even heard of such a person--do you mean to tell
me?"
"Absolutely!" cried Mr. Page before his visitor could finish. "It doesn't matter
in the slightest whether you've heard of the person or not! That has nothing to
do with it!"
"Good Lord, then," the client cried, as the enormous possibilities of legal
action were revealed to him, "if what you say is true, then anybody at all-" he
exclaimed as the concept burst upon him in its full power, "why you could be
sued, then, by a one-eyed boy in Bethlehem, Pennsylvania, even if you'd
never seen him!"
"Oh, absolutely!" Mr. Page responded instantly. "He could claim," Me.
Page paused a moment and became almost mystically reflective as the juicy
possibilities suggested themselves to his legally fertile mind, "he could claim,
for example, that- that, er, one of your books-- hm, now, yes!"- briefly and
absently he licked his lips with an air of relish, as if he himself were now
becoming professionally interested in the case-" he could claim that one of
your books was printed in such small type that--that- that the sight of the
other eye had been permanently impaired!" cried Mr. Page triumphantly. He
settled back in his swivel chair and rocked back and forth a moment with a
look of such satisfaction that it almost seemed as if he were contemplating
the possibility of taking a hand in the case himself. "Yes! By all means!"
cried Mr.
Page, nodding his head in vigorous affirmation. "He might make a very good
case against you on those grounds. While I haven't considered carefully all
the merits of such a case, I can see how it might have its points. Hm, now,
yes." He cleared his throat reflectively. "It might be very interesting to see
what one could do with a case like that."
For a moment the younger man could not speak. He just sat there looking at
the lawyer with an air of baffled incredulity. "But- but-" he managed
presently to say - "why, there's no Justice in the thing!" he burst out
indignantly, in his excitement making use of the discredited word again. "Ah,
Justice," said Mr. Page, nodding. "Yes, I see now what you mean. That's
quite another matter. But we're not talking of Justice. We're talking of the
Law-which brings us to this case of yours." And, reaching out a pudgy hand,
he pulled the mass of papers toward him and began to read them. Such was
our pilgrim’s introduction to that strange,fantastic world of twist and
weave,that labyrinthine cave at the end of which waits the Minotaur,the Law.

About the author:

Thomas Wolfe (1900-1938) was anotable American novelistfrom theearly
20th century. He first atended the University of NorthCarolina and then
Harvard University before moving ot New York City ni 1923. Wolfe wrote
four lengthy novels as wel as many shortstories, dramatic works, and novelas.
He si known for mixing highly original, poetic, rhapsodic, and
impressionistic prose with autobiographical writing. 1He is known for his
passionate writing that clearly conveyed the emotional side of human
experience.

Summary:
Thomas Wolfe takes us to the offices of Paget and Page, counselors at Law
through Old Sir Kenelm, an essayist. Sir Kenelm is very adept at discovering
curious things and places in and around New York and bringing them to light
for all to read. Somehow the renowned and well acclaimed partnership firm
of Paget and Page missed his attention and Wolfe now takes it upon himself
to unveil something that could be advantageous and useful to the readers.
He enters the humongous skyscraper and reaches the office of Paget and
Page. After a brief description of the office, he introduces us to the timid
looking senior clerk who is a sort of Man Friday (a right hand man) in this
firm.
Beyond that is the office of the senior partner, Lucious Page Paget with
aristocratic features. The junior partner--the younger Leonidas Paget Page is
next in the line of introduction. There is an old world charm to the office,
with photographs of their trophies won at various sporting events and also a
visual evidence in the form of their academic credentials awarded by the
prestigious Harvard Law school, license to practice etc.
The next character is Spangler, the client who has come to seek advice. The
story now revolves around Spangler and the reason for his visit. He has been
sued by a lady whom he has never met and for something he has not done. He
is terribly annoyed and wants to know from Leonidas Paget, why there was
no justice to it. To his utter amazement and dismay Paget, clears his doubt
saying,
"Anybody can sue Anybody about Anything." This statement shocks
Spangler and Paget emphasizes his point by further stating that someone like
a one eyed boy from Bethlehem could sue Spangler accusing him of being
the cause of the damage to his eye since his books were printed in an
extremely small font size.
Spangler simply refuses to believe Paget and demands to know why justice
was missing. The learned counsel explains that there was a huge difference
between Justice and the Law.
The writer ends the story metaphorically, "such was our pilgrim's
introduction to the strange, fantastic world of twist and weave, the
labyrinthine cave at the end of which waits the Minotaur, the Law."

Analysis
This short story, Justice is Blind is an unpublished piece by Thomas Wolfe
and the first and only chapter of a novel about lawyers which Wolfe began
but never finished. It is a satiric snippet about law and lawyers.
The crux of the story comes only after reading a few pages of wordy prose.
Old sir Kenelm is introduced as a kind of investigative journalist trying to
discover places of interest in and around the city he lives in, which others fail
to notice since they are always rushing.
The writer refers to Kenelm as someone discovering Dickens everywhere
because everything about Dickensian characters is believable, genuine and
true to life, just as he himself discovers similar characters in the law firm,
Paget and Page.
Since Wolfe spent a number of years in New York City, he mentions New
York City as a place where people have no time to stand and discover the
city. It's a place of speed, people racing to their offices which Wolfe terms as
the 'savagery of modern life'. This reminds us of W.H. Davies' poem Leisure
written in 1911 when he says:
"What is this life if, full of care,
We have no time to stand and stare?"
The grandeur of the Law Office located on the 37th floor of a sky scraper is
described by the author in detail, like glazed glass offices and impressive
names, simply to introduce the readers to the appearance of respectable and
celebrated law firms. A law firm per se symbolizes the profession that is as
intimidating as the law itself.
As Spangler steps into the law office of Paget and Page, he observes that
except for their dress which is modern, there was a kind of archaism,
"particularly noticeable among the considerable group of people who follow
the curious profession known as the law". The story further
exemplifies this truth that "Law is a curious profession "as Spangler is exed
by a lady whom he has never met and this to him is absoluter. bizarre and
weird.
Through Spangler, Wolfe justifies the title of the story. Spangler had heard
that Justice is Blind but never had the opportunity of meeting the symbolic
lady of justice. The Lady of Justice is the statue of Justicia, the Goddess of
Justice within Roman mythology found in courthouses. She is an allegorical
personification of the moral force in judicial systems. She is a blindfolded
woman carrying a sword and a set of scales symbolizing is a blindfold
woman carrying a sword and a set of scales symbolising fair and equal
administration of the law, without corruption, favor, greed, or prejudice.
He adds that no lawyer with whom he interacted ever spoke of her probably
because according to his telling observation, the relationship between a
lawyer and the Lady of Justice was a very distant one. Spangler's
disillusionment for being sued by a lady he had never seen or heard, made
him uncontrollably vexed towards Justice and demands to know from
Leonidas Page why justice was missing.
Paget's clarification is an eye opener in this story. He dins into Spangler's
head that the notion he was carrying was a misbelief. "Anybody can sue
anybody about anything." This strongly worded sentence is the essence of the
story that leaves Spangler dumbfounded and stupefied. He had not heard of
the lady who had sued him nor had he done anything to be sued.
The grave dangers of legal action that he had to face, now appeared before
him. People are allowed to sue for frivolous things because courts are open to
everyone since it is a part of Rule of Law and Liberal Democracy.
Leonidas Paget Page enlightens his client about the difference between
Justice and Law. Spangler being sued by an unknown lady was more to do
with Law and not lustice.
This draws us to the difference between Justice and Law. Law consists of
rules, each rule is applicable not to one case alone, but to every like case.
The wisdom of every decision must be tried by its agreement with the proper
rule. When the opinion of a court does not state directly or impliedly, the rule
by which the case is decided the decision affords no test by which it's
correctness can be tried, and no help to future inquirers seeking knowledge of
that branch of the law. The whole doctrine of the binding character of
precedents, most important in law is founded on the theory that every
decision is based on a rule which will regulate future cases. The justice of the
decision between the parties though important, is of small consequence
compared with the establishment of a rule, which shall cleardy and wisely
guide the public in the future. And the parties to a suit have no right to any
view of justice which shall make the law obscure or unjust to the public:3
This is What Leonidas dins into Spanglers head.
Justice, on the other hand, is one of the most important moral and political
concepts. The Oxford English Dictionary defines the "just" person as one
who typically "does what is morally right" and is disposed to "giving
everyone his or her due," which offering the word "fair" as a synonym.
However, philosophers want to get beyond etymology and dictionary
definitions to consider, for example, the nature of justice as both a moral
virtue of character and desirable quality of political society, as well as how it
applies to ethical and social decision making.
For Plato, justice is a virtue establishing rational order. For Aristotle justice
consists in what is lawful and fair with fairness involving equitable
distributions and the corrections of what is inequitable. For Augustine, the
cardinal virtue of justice requires that we try to give all people their due and
for Aquinas, Justice is that rational mean between opposite sorts of injustice,
involving proportional distributions and reciprocal transactions.4
Therefore, Justice is equated with fairness and when the likes of Spangler
find that something unfair and unjust is happening to them, they get agitated
and find the world of Law absolutely twisted and confusing, something
which is beyond their comprehension.
The story ends with a metaphorical representation of law as Minotaur the
monster. The monster in Greek mythology remained in a labyrinth and to
seek him one had to find his /her way through a maze. Spangler was not
aware of the nuances and technicalities of the legal system that was strange to
a commoner like him.
Law to a commoner seems a complex system, which causes bewilderment,
confusion and perplexity. Legalese is notoriously difficult for the general
public to understand.
According to Peter H. Schuck, legal complexity is hard to define, much less
measure. It arises in a multitude of different contexts that may have little in
common, contexts in which its meanings are likely to be different and its
consequences not readily traceable. Legal complexity is an ancient concern,
one that has continued to obsess lawyers, policy makers, social critics and
men and women in the street, who almost invariably condemn legal
complexity in the most caustic terms. He further writes, "I define a legal
system as complex to the extent that its rules, processes, institutions and
supporting culture, possess four features: density, technicality, differentiation,
and indeterminacy or uncertainty."5
Someone like Spangler had the means to get advice from a celebrated lawyer
but the same priviledge is not available to the common man. It therefore
raises questions on the plight of a man with no means while establishing how
seeking legal advice is almost a privilege in today's dav and age.
The labyrinthine system of law is so wrapped and woven that it sounds like a
[Link] procedures,the terminologies,all sound Greek and Latin to
commoners that one has to surrender and seek legal [Link] legal
terms may have different meanings and only a legal expert can enlighten
commoners.
We have no clear explanation of why frivolous suits are filed
Nevertheless, there is widespread belief that frivolous litigation is out of
control. Many people cite frivolous suits as the cause of the litigation
system's most serious ills huge case backlogs, long delays and high trial
costs. Americans are simply too litigious, the critics say, and all too fond of
filing meritless suits 6
To quote former Chief Justice of the Supreme Court of India, Jagdish Singh
Khehar, "Liberal access to justice does not mean access to chaos and
indiscipline." He also said that frivolous petitions will attract a Rs 5 lakh
fine.?
Judges really don't like frivolous lawsuits and neither do defendants. In most
cases they are filed for purposes of harassing the defendant. Being sued is
extremely frustrating. Even if the case has no standing, the onus is on the
defendant to dole out time, energy and financial resources to have the case
dismissed.
A defendant in a lawsuit can turn around and sue the plaintiff for malicious
prosecution. A claim for malicious prosecution is a tort action, and damages
include the costs of having to defend against the baseless lawsuit.
Meanwhile the defendant has to go through stress and umpteen visits to the
law office leaving aside all his work and all for a suit filed by someone he
doesn't even know.

Explain justice is blind with Thomas Wolfe’s Justice is blind-10M.

The phrase "justice is blind" is a common expression that symbolizes the
concept of impartiality and fairness within the legal system. It represents the
idea that the administration of justice should be conducted objectively,
without being influenced by factors such as wealth, power, social status, or
personal bias.
The blindfolded Lady Justice, often depicted holding scales and a sword, is a
popular symbol associated with the phrase. The blindfold represents the
impartiality of justice, indicating that judgments should be made solely based
on the evidence presented and the application of the law, rather than personal
prejudices or external influences.
By being "blind," justice aims to treat all individuals equally, regardless of
their background, race, religion, or any other distinguishing characteristic. It
emphasizes that everyone should have an equal opportunity to present their
case, be heard, and receive a fair and just outcome. The principle of "justice
is blind" promotes the notion that the law should be applied objectively,
without favoritism or discrimination.
The phrase also implies that justice should be independent and free from
undue influences or pressures. Judges and legal professionals are expected to
make decisions solely based on the merits of each case and the interpretation
of the law, without being swayed by external factors that could compromise
the integrity of the legal process.
While achieving perfect impartiality and eliminating all biases is a
challenging ideal, the concept of justice being blind serves as a reminder of
the importance of fairness and objectivity in legal systems, ensuring that all
individuals are treated equally under the law.
However, Wolfe's story shows how the law can be used to deny justice to
people. justice is blind" can be interpreted as a commentary on the limitations
and complexities of the legal system. It signifies that justice, which should
ideally be impartial and objective, is not always guaranteed due to various
factors such as legal technicalities, loopholes, or the subjective interpretation
of laws by judges and juries.
Spangler is being sued by a woman whom he has never met and for
something he has not done. The law allows anyone to sue anyone else for
anything, regardless of whether there is any merit to the case. This means that
Spangler could be dragged through a long and expensive legal battle, even
though he is innocent.
The story also shows how the law can be a labyrinthine maze that is difficult
to navigate. Spangler is not a lawyer, and he does not know how to defend
himself against the lawsuit. He is at the mercy of the legal system, which is
often complex and confusing.
The story ends with Sir Kenelm reflecting on what he has learned. He says
that the law is a "strange, fantastic world of twist and weave," and that it is a
labyrinthine cave at the end of which waits the Minotaur, the Law. This
suggests that the law is a powerful and dangerous force that can be used to
exploit people and to deny them justice.
The story "Justice Is Blind" is a satire of the legal system. Wolfe shows how
the law can be used to exploit people and to deny them justice. He also shows
how the law can be a labyrinthine maze that is difficult to navigate. The story
is a reminder that the law is not always fair, and that it is important to be
aware of the risks involved in going to court.
The concept of "justice is blind" is a powerful one, but it is also an idealized
one. The law is not always fair, and it is not always applied equally to
everyone. The story "Justice Is Blind" shows how the law can be used to
deny justice to people, and it is a reminder that we need to be vigilant in
protecting our rights.
• The idea of "justice is blind" is based on the principle of equality before the
law. This means that everyone is entitled to a fair trial, regardless of their
social status, wealth, or race.
• The concept of "justice is blind" is often challenged by the reality of the
legal system. The wealthy and powerful often have an advantage in the legal
system, while the poor and marginalized are more likely to be denied justice.
• There are a number of factors that can influence the outcome of a legal case,
including the judge, the jury, and the lawyers involved. These factors can
sometimes lead to unfair results, even if the legal system is trying to be fair.
The phrase "justice is blind" is often used to refer to the ideal that the law
should be applied impartially, without regard to the wealth, power, or status
of the individual. This ideal is often represented by the image of Lady Justice,
who is depicted as a blindfolded woman holding a sword and scales. The
blindfold symbolizes the idea that justice should be blind to the identity of the
individual, and that the law should be applied equally to everyone.
The phrase "justice is blind" can be seen as a reminder that the law is not
always just. The law can be used to harm innocent people, and it is important
to be aware of this possibility. We should all strive to make sure that the law
is used fairly and justly, and that it does not become a tool for the powerful to
oppress the powerless.
Thomas wolfes justice is blind and the phrase justice is blind-
Similarities:
1. Misalignment between Law and Justice: Both the story and the general
phrase highlight the potential discrepancy between the legal system and the
concept of justice. They suggest that the application of the law does not
always guarantee a just outcome and that justice can sometimes appear
elusive or absent within the legal process.
2. Inequality and Inaccessibility: Both the story and the general phrase touch
upon the challenges and inequalities within the legal system. They depict
scenarios where individuals may face difficulties in understanding or
navigating the complexities of the law, and where access to justice can be
limited or inaccessible for some.
Differences:
3. Satirical Nature: The story by Thomas Wolfe takes a satirical approach
towards the legal system, portraying exaggerated and comical situations. In
contrast, the general phrase "justice is blind" is often used in a more serious
or philosophical context, emphasizing the impartiality and fairness of justice.
4. Focus on Frivolous Lawsuits: Wolfe's story delves into the issue of
frivolous lawsuits and their impact on individuals, highlighting the potential
harassment and frustration faced by defendants. The general phrase "justice is
blind" does not specifically address frivolous lawsuits, but rather focuses on
the concept of impartiality and fairness in the administration of justice.
5. Individual Experience vs. Systemic Principle: The story by Thomas Wolfe
presents the experiences and disillusionment of a specific character, Spangler,
within the legal system. In contrast, the general phrase "justice is blind"
speaks to a broader principle that justice should be blind to external
influences and treat all individuals equally. It emphasizes the ideal of justice
being impartial and objective, rather than focusing on individual experiences
or anecdotes.
Overall, while both the story by Thomas Wolfe and the general phrase
"justice is blind" touch upon similar themes of justice, inequality, and the
complexities of the legal system, they approach these topics from different
angles and with varying degrees of satire or seriousness. The story provides a
specific narrative and critique of the legal system, while the general phrase
encapsulates a broader principle of fairness and impartiality.
[Link] Web of Circumstances-Charles W chesnut

Within a low clapboarded hut, with an open front, a forge was glowing. In
front a blacksmith was shoeing a horse, a sleek, well-kept animal with the
signs of good blood and breeding. A young mulatto stood by and handed the
blacksmith such tools as he needed from time to time. A group of negroes
were sitting around, some in the shadow of the shop, one in the full glare of
the sunlight. A gentleman was seated in a buggy a few yards away, in the
shade of a spreading elm. The horse had loosened a shoe, and Colonel
Thornton, who was a lover of fine horseflesh, and careful of it, had stopped at
Ben Davis's blacksmith shop, as soon as he discovered the loose shoe, to
have it fastened on.
"All right, Kunnel," the blacksmith called out. "Tom," he said, addressing the
young man, "he'p me hitch up."
Colonel Thornton alighted from the buggy, looked at the shoe, signified his
approval of the job, and stood looking on while the blacksmith and his
assistant harnessed the horse to the buggy.
"Dat 's a mighty fine whip yer got dere, Kunnel," said Ben, while the young
man was tightening the straps of the harness on the opposite side of the horse.
"I wush I had one like it. Where kin yer git dem whips?"
"My brother brought me this from New York," said the Colonel. "You can't
buy them down here."
The whip in question was a handsome one. The handle was wrapped with
interlacing threads of variegated colors, forming an elaborate pattern, the lash
being dark green. An octagonal ornament of glass was set in the end of the
handle.
"It cert'n'y is fine," said Ben; "I wish I had one like it." He looked at the whip
longingly as Colonel Thornton drove away.
"'Pears ter me Ben gittin' mighty blooded," said one of the bystanders,
"drivin' a hoss an' buggy, an' wantin' a whip like Colonel Thornton's."
"What 's de reason I can't hab a hoss an' buggy an' a whip like Kunnel
Tho'nton's, ef I pay fer 'em?" asked Ben. "We colored folks never had no
chance ter git nothin' befo' de wah, but ef eve'y nigger in dis town had a tuck
keer er his money sence de wah, like I has, an' bought as much lan' as I has,
de niggers might 'a' got half de lan' by dis time," he went on, giving a
finishing blow to a horseshoe, and throwing it on the ground to cool.
Carried away by his own eloquence, he did not notice the approach of two
white men who came up the street from behind him.
"An' ef you niggers," he continued, raking the coals together over a fresh bar
of iron, "would stop wastin' yo' money on 'scursions to put money in w'ite
folks' pockets, an' stop buildin' fine chu'ches, an' buil' houses fer yo'se'ves,
you 'd git along much faster."
"You 're talkin' sense, Ben," said one of the white men. "Yo'r people will
never be respected till they 've got property."
The conversation took another turn. The white men transacted their business
and went away. The whistle of a neighboring steam sawmill blew a raucous
blast for the hour of noon, and the loafers shuffled away in different
directions.
"You kin go ter dinner, Tom," said the blacksmith. "An' stop at de gate w'en
yer go by my house, and tell Nancy I 'll be dere in 'bout twenty minutes. I got
ter finish dis yer plough p'int fus'."
The young man walked away. One would have supposed, from the rapidity
with which he walked, that he was very hungry. A quarter of an hour later the
blacksmith dropped his hammer, pulled off his leather apron, shut the front
door of the shop, and went home to dinner. He came into the house out of the
fervent heat, and, throwing off his straw hat, wiped his brow vigorously with
a red cotton handkerchief.
"Dem collards smells good," he said, sniffing the odor that came in through
the kitchen door, as his good-looking yellow wife opened it to enter the room
where he was. "I 've got a monst'us good appetite ter-day. I feels good, too. I
paid Majah Ransom de intrus' on de mortgage dis mawnin' an' a hund'ed
dollahs besides, an' I spec's ter hab de balance ready by de fust of nex'
Jiniwary; an' den we won't owe nobody a cent. I tell yer dere ain' nothin' like
propputy ter make a pusson feel like a man. But w'at 's de matter wid yer,
Nancy? Is sump'n' skeered yer?"
The woman did seem excited and ill at ease. There was a heaving of the full
bust, a quickened breathing, that betokened suppressed excitement.
"I-I-jes' seen a rattlesnake out in de gyahden," she stammered.
The blacksmith ran to the door. "Which way? Whar wuz he?" he cried.
He heard a rustling in the bushes at one side of the garden, and the sound of a
breaking twig, and, seizing a hoe which stood by the door, he sprang toward
the point from which the sound came.
"No, no," said the woman hurriedly, "it wuz over here," and she directed her
husband's attention to the other side of the garden.
The blacksmith, with the uplifted hoe, its sharp blade gleaming in the
sunlight, peered cautiously among the collards and tomato plants, listening all
the while for the ominous rattle, but found nothing.
"I reckon he 's got away," he said, as he set the hoe up again by the door.
"Whar 's de chillen?" he asked with some anxiety. "Is dey playin' in de
woods?"
"No," answered his wife, "dey 've gone ter de spring."
The spring was on the opposite side of the garden from that on which the
snake was said to have been seen, so the blacksmith sat down and fanned
himself with a palm-leaf fan until the dinner was served.
"Yer ain't quite on time ter-day, Nancy," he said, glancing up at the clock on
the mantel, after the edge of his appetite had been taken off. "Got ter make
time ef yer wanter make money. Did n't Tom tell yer I 'd be heah in twenty
minutes?"
"No," she said; "I seen him goin' pas'; he did n' say nothin'."
"I dunno w'at 's de matter wid dat boy," mused the blacksmith over his apple
dumpling. "He 's gittin' mighty keerless heah lately; mus' hab sump'n' on 'is
min',--some gal, I reckon."
The children had come in while he was speaking,--a slender, shapely boy,
yellow like his mother, a girl several years younger, dark like her father: both
bright-looking children and neatly dressed.
"I seen cousin Tom down by de spring," said the little girl, as she lifted off
the pail of water that had been balanced on her head. "He come out er de
woods jest ez we wuz fillin' our buckets."
"Yas," insisted the blacksmith, "he 's got some gal on his min'."
II
The case of the State of North Carolina _vs_. Ben Davis was called. The
accused was led into court, and took his seat in the prisoner's dock.
"Prisoner at the bar, stand up."
The prisoner, pale and anxious, stood up. The clerk read the indictment, in
which it was charged that the defendant by force and arms had entered the
barn of one G.W. Thornton, and feloniously taken therefrom one whip, of the
value of fifteen dollars.
"Are you guilty or not guilty?" asked the judge.
"Not guilty, yo' Honah; not guilty, Jedge. I never tuck de whip."
The State's attorney opened the case. He was young and zealous. Recently
elected to the office, this was his first batch of cases, and he was anxious to
make as good a record as possible. He had no doubt of the prisoner's guilt.
There had been a great deal of petty thieving in the county, and several
gentlemen had suggested to him the necessity for greater severity in
punishing it. The jury were all white men. The prosecuting attorney stated the
case.
"We expect to show, gentlemen of the jury, the facts set out in the
indictment,--not altogether by direct proof, but by a chain of circumstantial
evidence which is stronger even than the testimony of eyewitnesses. Men
might lie, but circumstances cannot. We expect to show that the defendant is
a man of dangerous character, a surly, impudent fellow; a man whose views
of property are prejudicial to the welfare of society, and who has been heard
to assert that half the property which is owned in this county has been stolen,
and that, if justice were done, the white people ought to divide up the land
with the negroes; in other words, a negro nihilist, a communist, a secret
devotee of Tom Paine and Voltaire, a pupil of the anarchist propaganda,
which, if not checked by the stern hand of the law, will fasten its insidious
fangs on our social system, and drag it down to ruin."
"We object, may it please your Honor," said the defendant's attorney. "The
prosecutor should defer his argument until the testimony is in."
"Confine yourself to the facts, Major," said the court mildly.
The prisoner sat with half-open mouth, overwhelmed by this flood of
eloquence. He had never heard of Tom Paine or Voltaire. He had no
conception of what a nihilist or an anarchist might be, and could not have told
the difference between a propaganda and a potato.
"We expect to show, may it please the court, that the prisoner had been
employed by Colonel Thornton to shoe a horse; that the horse was taken to
the prisoner's blacksmith shop by a servant of Colonel Thornton's; that, this
servant expressing a desire to go somewhere on an errand before the horse
had been shod, the prisoner volunteered to return the horse to Colonel
Thornton's stable; that he did so, and the following morning the whip in
question was missing; that, from circumstances, suspicion naturally fell upon
the prisoner, and a search was made of his shop, where the whip was found
secreted; that the prisoner denied that the whip was there, but when
confronted with the evidence of his crime, showed by his confusion that he
was guilty beyond a peradventure."
The prisoner looked more anxious; so much eloquence could not but be
effective with the jury.
The attorney for the defendant answered briefly, denying the defendant's
guilt, dwelling upon his previous good character for honesty, and begging the
jury not to pre-judge the case, but to remember that the law is merciful, and
that the benefit of the doubt should be given to the prisoner.
The prisoner glanced nervously at the jury. There was nothing in their faces
to indicate the effect upon them of the opening statements. It seemed to the
disinterested listeners as if the defendant's attorney had little confidence in his
client's cause.
Colonel Thornton took the stand and testified to his ownership of the whip,
the place where it was kept, its value, and the fact that it had disappeared.
The whip was produced in court and identified by the witness. He also
testified to the conversation at the blacksmith shop in the course of which the
prisoner had expressed a desire to possess a similar whip. The cross-
examination was brief, and no attempt was made to shake the Colonel's
testimony.
The next witness was the constable who had gone with a warrant to search
Ben's shop. He testified to the circumstances under which the whip was
found.
"He wuz brazen as a mule at fust, an' wanted ter git mad about it. But when
we begun ter turn over that pile er truck in the cawner, he kinder begun ter
trimble; when the whip-handle stuck out, his eyes commenced ter grow big,
an' when we hauled the whip out he turned pale ez ashes, an' begun to swear
he did n' take the whip an' did n' know how it got thar."
"You may cross-examine," said the prosecuting attorney triumphantly.
The prisoner felt the weight of the testimony, and glanced furtively at the
jury, and then appealingly at his lawyer.
"You say that Ben denied that he had stolen the whip," said the prisoner's
attorney, on cross-examination. "Did it not occur to you that what you took
for brazen impudence might have been but the evidence of conscious
innocence?"
The witness grinned incredulously, revealing thereby a few blackened
fragments of teeth.
"I 've tuck up more 'n a hundred niggers fer stealin', Kurnel, an' I never seed
one yit that did n' 'ny it ter the las'."
"Answer my question. Might not the witness's indignation have been a
manifestation of conscious innocence? Yes or no?"
"Yes, it mought, an' the moon mought fall--but it don't."
Further cross-examination did not weaken the witness's testimony, which was
very damaging, and every one in the court room felt instinctively that a
strong defense would be required to break down the State's case.
"The State rests," said the prosecuting attorney, with a ring in his voice which
spoke of certain victory.
There was a temporary lull in the proceedings, during which a bailiff passed a
pitcher of water and a glass along the line of jury-men. The defense was then
begun.
The law in its wisdom did not permit the defendant to testify in his own
behalf. There were no witnesses to the facts, but several were called to testify
to Ben's good character. The colored witnesses made him out possessed of all
the virtues. One or two white men testified that they had never known
anything against his reputation for honesty.
The defendant rested his case, and the State called its witnesses in rebuttal.
They were entirely on the point of character. One testified that he had heard
the prisoner say that, if the negroes had their rights, they would own at least
half the property. Another testified that he had heard the defendant say that
the negroes spent too much money on churches, and that they cared a good
deal more for God than God had ever seemed to care for them.
Ben Davis listened to this testimony with half-open mouth and staring eyes.
Now and then he would lean forward and speak perhaps a word, when his
attorney would shake a warning finger at him, and he would fall back
helplessly, as if abandoning himself to fate; but for a moment only, when he
would resume his puzzled look.
The arguments followed. The prosecuting attorney briefly summed up the
evidence, and characterized it as almost a mathematical proof of the
prisoner's guilt. He reserved his eloquence for the closing argument.
The defendant's attorney had a headache, and secretly believed his client
guilty. His address sounded more like an appeal for mercy than a demand for
justice. Then the State's attorney delivered the maiden argument of his office,
the speech that made his reputation as an orator, and opened up to him a
successful political career.
The judge's charge to the jury was a plain, simple statement of the law as
applied to circumstantial evidence, and the mere statement of the law
foreshadowed the verdict.
The eyes of the prisoner were glued to the jury-box, and he looked more and
more like a hunted animal. In the rear of the crowd of blacks who filled the
back part of the room, partly concealed by the projecting angle of the
fireplace, stood Tom, the blacksmith's assistant. If the face is the mirror of the
soul, then this man's soul, taken off its guard in this moment of excitement,
was full of lust and envy and all evil passions.
The jury filed out of their box, and into the jury room behind the judge's
stand. There was a moment of relaxation in the court room. The lawyers fell
into conversation across the table. The judge beckoned to Colonel Thornton,
who stepped forward, and they conversed together a few moments. The
prisoner was all eyes and ears in this moment of waiting, and from an
involuntary gesture on the part of the judge he divined that they were
speaking of him. It is a pity he could not hear what was said.
"How do you feel about the case, Colonel?" asked the judge.
"Let him off easy," replied Colonel Thornton. "He 's the best blacksmith in
the county."
The business of the court seemed to have halted by tacit consent, in
anticipation of a quick verdict. The suspense did not last long. Scarcely ten
minutes had elapsed when there was a rap on the door, the officer opened it,
and the jury came out.
The prisoner, his soul in his eyes, sought their faces, but met no reassuring
glance; they were all looking away from him.
"Gentlemen of the jury, have you agreed upon a verdict?"
"We have," responded the foreman. The clerk of the court stepped forward
and took the fateful slip from the foreman's hand.
The clerk read the verdict: "We, the jury impaneled and sworn to try the
issues in this cause, do find the prisoner guilty as charged in the indictment."
There was a moment of breathless silence. Then a wild burst of grief from the
prisoner's wife, to which his two children, not understanding it all, but
vaguely conscious of some calamity, added their voices in two long,
discordant wails, which would have been ludicrous had they not been
heartrending.
The face of the young man in the back of the room expressed relief and badly
concealed satisfaction. The prisoner fell back upon the seat from which he
had half risen in his anxiety, and his dark face assumed an ashen hue. What
he thought could only be surmised. Perhaps, knowing his innocence, he had
not believed conviction possible; perhaps, conscious of guilt, he dreaded the
punishment, the extent of which was optional with the judge, within very
wide limits. Only one other person present knew whether or not he was
guilty, and that other had slunk furtively from the court room.
Some of the spectators wondered why there should be so much ado about
convicting a negro of stealing a buggy-whip. They had forgotten their own
interest of the moment before. They did not realize out of what trifles grow
the tragedies of life.
It was four o'clock in the afternoon, the hour for adjournment, when the
verdict was returned. The judge nodded to the bailiff.
"Oyez, oyez! this court is now adjourned until ten o'clock to-morrow
morning," cried the bailiff in a singsong voice. The judge left the bench, the
jury filed out of the box, and a buzz of conversation filled the court room.
"Brace up, Ben, brace up, my boy," said the defendant's lawyer, half
apologetically. "I did what I could for you, but you can never tell what a jury
will do. You won't be sentenced till to-morrow morning. In the meantime I 'll
speak to the judge and try to get him to be easy with you. He may let you off
with a light fine."
The negro pulled himself together, and by an effort listened.
"Thanky, Majah," was all he said. He seemed to be thinking of something far
away.
He barely spoke to his wife when she frantically threw herself on him, and
clung to his neck, as he passed through the side room on his way to jail. He
kissed his children mechanically, and did not reply to the soothing remarks
made by the jailer.
III
There was a good deal of excitement in town the next morning. Two white
men stood by the post office talking.
"Did yer hear the news?"
"No, what wuz it?"
"Ben Davis tried ter break jail las' night."
"You don't say so! What a fool! He ain't be'n sentenced yit."
"Well, now," said the other, "I 've knowed Ben a long time, an' he wuz a right
good nigger. I kinder found it hard ter b'lieve he did steal that whip. But what
's a man's feelin's ag'in' the proof?"
They spoke on awhile, using the past tense as if they were speaking of a dead
man.
"Ef I know Jedge Hart, Ben 'll wish he had slep' las' night, 'stidder tryin' ter
break out'n jail."
At ten o'clock the prisoner was brought into court. He walked with shambling
gait, bent at the shoulders, hopelessly, with downcast eyes, and took his seat
with several other prisoners who had been brought in for sentence. His wife,
accompanied by the children, waited behind him, and a number of his friends
were gathered in the court room.
The first prisoner sentenced was a young white man, convicted several days
before of manslaughter. The deed was done in the heat of passion, under
circumstances of great provocation, during a quarrel about a woman. The
prisoner was admonished of the sanctity of human life, and sentenced to one
year in the penitentiary.
The next case was that of a young clerk, eighteen or nineteen years of age,
who had committed a forgery in order to procure the means to buy lottery
tickets. He was well connected, and the case would not have been prosecuted
if the judge had not refused to allow it to be nolled, and, once brought to trial,
a conviction could not have been avoided.
"You are a young man," said the judge gravely, yet not unkindly, "and your
life is yet before you. I regret that you should have been led into evil courses
by the lust for speculation, so dangerous in its tendencies, so fruitful of crime
and misery. I am led to believe that you are sincerely penitent, and that, after
such punishment as the law cannot remit without bringing itself into
contempt, you will see the error of your ways and follow the strict path of
rectitude. Your fault has entailed distress not only upon yourself, but upon
your relatives, people of good name and good family, who suffer as keenly
from your disgrace as you yourself. Partly out of consideration for their
feelings, and partly because I feel that, under the circumstances, the law will
be satisfied by the penalty I shall inflict, I sentence you to imprisonment in
the county jail for six months, and a fine of one hundred dollars and the costs
of this action."
"The jedge talks well, don't he?" whispered one spectator to another.
"Yes, and kinder likes ter hear hisse'f talk," answered the other.
"Ben Davis, stand up," ordered the judge.
He might have said "Ben Davis, wake up," for the jailer had to touch the
prisoner on the shoulder to rouse him from his stupor. He stood up, and
something of the hunted look came again into his eyes, which shifted under
the stern glance of the judge.
"Ben Davis, you have been convicted of larceny, after a fair trial before
twelve good men of this county. Under the testimony, there can be no doubt
of your guilt. The case is an aggravated one. You are not an ignorant,
shiftless fellow, but a man of more than ordinary intelligence among your
people, and one who ought to know better. You have not even the poor
excuse of having stolen to satisfy hunger or a physical appetite. Your conduct
is wholly without excuse, and I can only regard your crime as the result of a
tendency to offenses of this nature, a tendency which is only too common
among your people; a tendency which is a menace to civilization, a menace
to society itself, for society rests upon the sacred right of property. Your
opinions, too, have been given a wrong turn; you have been heard to utter
sentiments which, if disseminated among an ignorant people, would breed
discontent, and give rise to strained relations between them and their best
friends, their old masters, who understand their real nature and their real
needs, and to whose justice and enlightened guidance they can safely trust.
Have you anything to say why sentence should not be passed upon you?"
"Nothin', suh, cep'n dat I did n' take de whip."
"The law, largely, I think, in view of the peculiar circumstances of your
unfortunate race, has vested a large discretion in courts as to the extent of the
punishment for offenses of this kind. Taking your case as a whole, I am
convinced that it is one which, for the sake of the example, deserves a severe
punishment. Nevertheless, I do not feel disposed to give you the full extent of
the law, which would be twenty years in the penitentiary,[1] but, considering
the fact that you have a family, and have heretofore borne a good reputation
in the community, I will impose upon you the light sentence of imprisonment
for five years in the penitentiary at hard labor. And I hope that this will be a
warning to you and others who may be similarly disposed, and that after your
sentence has expired you may lead the life of a law-abiding citizen."
[Footnote 1: There are no degrees of larceny in North Carolina, and the
penalty for any offense lies in the discretion of the judge, to the limit of
twenty years.]
"O Ben! O my husband! O God!" moaned the poor wife, and tried to press
forward to her husband's side.
"Keep back, Nancy, keep back," said the jailer. "You can see him in jail."
Several people were looking at Ben's face. There was one flash of despair,
and then nothing but a stony blank, behind which he masked his real feelings,
whatever they were.
Human character is a compound of tendencies inherited and habits acquired.
In the anxiety, the fear of disgrace, spoke the nineteenth century civilization
with which Ben Davis had been more or less closely in touch during twenty
years of slavery and fifteen years of freedom. In the stolidity with which he
received this sentence for a crime which he had not committed, spoke who
knows what trait of inherited savagery? For stoicism is a savage virtue.
IV
One morning in June, five years later, a black man limped slowly along the
old Lumberton plank road; a tall man, whose bowed shoulders made him
seem shorter than he was, and a face from which it was difficult to guess his
years, for in it the wrinkles and flabbiness of age were found side by side
with firm white teeth, and eyes not sunken,--eyes bloodshot, and burning
with something, either fever or passion. Though he limped painfully with one
foot, the other hit the ground impatiently, like the good horse in a poorly
matched team. As he walked along, he was talking to himself:----
"I wonder what dey 'll do w'en I git back? I wonder how Nancy 's s'ported the
fambly all dese years? Tuck in washin', I s'ppose,--she was a monst'us good
washer an' ironer. I wonder ef de chillun 'll be too proud ter reco'nize deir
daddy come back f'um de penetenchy? I 'spec' Billy must be a big boy by dis
time. He won' b'lieve his daddy ever stole anything. I 'm gwine ter slip roun'
an' s'prise 'em."
Five minutes later a face peered cautiously into the window of what had once
been Ben Davis's cabin,--at first an eager face, its coarseness lit up with the
fire of hope; a moment later a puzzled face; then an anxious, fearful face as
the man stepped away from the window and rapped at the door.
"Is Mis' Davis home?" he asked of the woman who opened the door.
"Mis' Davis don' live here. You er mistook in de house."
"Whose house is dis?"
"It b'longs ter my husban', Mr. Smith,--Primus Smith."
"'Scuse me, but I knowed de house some years ago w'en I wuz here oncet on
a visit, an' it b'longed ter a man name' Ben Davis."
"Ben Davis--Ben Davis?--oh yes, I 'member now. Dat wuz de gen'man w'at
wuz sent ter de penitenchy fer sump'n er nuther,--sheep-stealin', I b'lieve.
Primus," she called, "w'at wuz Ben Davis, w'at useter own dis yer house, sent
ter de penitenchy fer?"
"Hoss-stealin'," came back the reply in sleepy accents, from the man seated
by the fireplace.
The traveler went on to the next house. A neat-looking yellow woman came
to the door when he rattled the gate, and stood looking suspiciously at him.
"W'at you want?" she asked.
"Please, ma'am, will you tell me whether a man name' Ben Davis useter live
in dis neighborhood?"
"Useter live in de nex' house; wuz sent ter de penitenchy fer killin' a man."
"Kin yer tell me w'at went wid Mis' Davis?"
"Umph! I 's a 'spectable 'oman, I is, en don' mix wid dem kind er people. She
wuz 'n' no better 'n her husban'. She tuk up wid a man dat useter wuk fer Ben,
an' dey 're livin' down by de ole wagon-ya'd, where no 'spectable 'oman ever
puts her foot."
"An' de chillen?"
"De gal 's dead. Wuz 'n' no better 'n she oughter be'n. She fell in de crick an'
got drown'; some folks say she wuz 'n' sober w'en it happen'. De boy tuck
atter his pappy. He wuz 'rested las' week fer shootin' a w'ite man, an' wuz
lynch' de same night. Dey wa'n't none of 'em no 'count after deir pappy went
ter de penitenchy."
"What went wid de proputty?"
"Hit wuz sol' fer de mortgage, er de taxes, er de lawyer, er sump'n,--I don'
know w'at. A w'ite man got it."
The man with the bundle went on until he came to a creek that crossed the
road. He descended the sloping bank, and, sitting on a stone in the shade of a
water-oak, took off his coarse brogans, unwound the rags that served him in
lieu of stockings, and laved in the cool water the feet that were chafed with
many a weary mile of travel.
After five years of unrequited toil, and unspeakable hardship in convict
camps,--five years of slaving by the side of human brutes, and of nightly
herding with them in vermin-haunted huts,--Ben Davis had become like
them. For a while he had received occasional letters from home, but in the
shifting life of the convict camp they had long since ceased to reach him, if
indeed they had been written. For a year or two, the consciousness of his
innocence had helped to make him resist the debasing influences that
surrounded him. The hope of shortening his sentence by good behavior, too,
had worked a similar end. But the transfer from one contractor to another,
each interested in keeping as long as possible a good worker, had speedily
dissipated any such hope. When hope took flight, its place was not long
vacant. Despair followed, and black hatred of all mankind, hatred especially
of the man to whom he attributed all his misfortunes. One who is suffering
unjustly is not apt to indulge in fine abstractions, nor to balance probabilities.
By long brooding over his wrongs, his mind became, if not unsettled, at least
warped, and he imagined that Colonel Thornton had deliberately set a trap
into which he had fallen. The Colonel, he convinced himself, had
disapproved of his prosperity, and had schemed to destroy it. He reasoned
himself into the belief that he represented in his person the accumulated
wrongs of a whole race, and Colonel Thornton the race who had oppressed
them. A burning desire for revenge sprang up in him, and he nursed it until
his sentence expired and he was set at liberty. What he had learned since
reaching home had changed his desire into a deadly purpose.
When he had again bandaged his feet and slipped them into his shoes, he
looked around him, and selected a stout sapling from among the undergrowth
that covered the bank of the stream. Taking from his pocket a huge clasp-
knife, he cut off the length of an ordinary walking stick and trimmed it. The
result was an ugly-looking bludgeon, a dangerous weapon when in the grasp
of a strong man.
With the stick in his hand, he went on down the road until he approached a
large white house standing some distance back from the street. The grounds
were filled with a profusion of shrubbery. The negro entered the gate and
secreted himself in the bushes, at a point where he could hear any one that
might approach.
It was near midday, and he had not eaten. He had walked all night, and had
not slept. The hope of meeting his loved ones had been meat and drink and
rest for him. But as he sat waiting, outraged nature asserted itself, and he fell
asleep, with his head on the rising root of a tree, and his face upturned.
And as he slept, he dreamed of his childhood; of an old black mammy taking
care of him in the daytime, and of a younger face, with soft eyes, which bent
over him sometimes at night, and a pair of arms which clasped him closely.
He dreamed of his past,--of his young wife, of his bright children. Somehow
his dreams all ran to pleasant themes for a while.
Then they changed again. He dreamed that he was in the convict camp, and,
by an easy transition, that he was in hell, consumed with hunger, burning
with thirst. Suddenly the grinning devil who stood over him with a barbed
whip faded away, and a little white angel came and handed him a drink of
water. As he raised it to his lips the glass slipped, and he struggled back to
consciousness.
"Poo' man! Poo' man sick, an' sleepy. Dolly b'ing Powers to cover poo' man
up. Poo' man mus' be hungry. Wen Dolly get him covered up, she go b'ing
poo' man some cake."
A sweet little child, as beautiful as a cherub escaped from Paradise, was
standing over him. At first he scarcely comprehended the words the baby
babbled out. But as they became clear to him, a novel feeling crept slowly
over his heart. It had been so long since he had heard anything but curses and
stern words of command, or the ribald songs of obscene merriment, that the
clear tones of this voice from heaven cooled his calloused heart as the water
of the brook had soothed his blistered feet. It was so strange, so unwonted a
thing, that he lay there with half-closed eyes while the child brought leaves
and flowers and laid them on his face and on his breast, and arranged them
with little caressing taps.
She moved away, and plucked a flower. And then she spied another farther
on, and then another, and, as she gathered them, kept increasing the distance
between herself and the man lying there, until she was several rods away.
Ben Davis watched her through eyes over which had come an unfamiliar
softness. Under the lingering spell of his dream, her golden hair, which fell in
rippling curls, seemed like a halo of purity and innocence and peace,
irradiating the atmosphere around her. It is true the thought occurred to Ben,
vaguely, that through harm to her he might inflict the greatest punishment
upon her father; but the idea came like a dark shape that faded away and
vanished into nothingness as soon as it came within the nimbus that
surrounded the child's person.
The child was moving on to pluck still another flower, when there came a
sound of hoof-beats, and Ben was aware that a horseman, visible through the
shrubbery, was coming along the curved path that led from the gate to the
house. It must be the man he was waiting for, and now was the time to wreak
his vengeance. He sprang to his feet, grasped his club, and stood for a
moment irresolute. But either the instinct of the convict, beaten, driven, and
debased, or the influence of the child, which was still strong upon him,
impelled him, after the first momentary pause, to flee as though seeking
safety.
His flight led him toward the little girl, whom he must pass in order to make
his escape, and as Colonel Thornton turned the corner of the path he saw a
desperate-looking negro, clad in filthy rags, and carrying in his hand a
murderous bludgeon, running toward the child, who, startled by the sound of
footsteps, had turned and was looking toward the approaching man with
wondering eyes. A sickening fear came over the father's heart, and drawing
the ever-ready revolver, which according to the Southern custom he carried
always upon his person, he fired with unerring aim. Ben Davis ran a few
yards farther, faltered, threw out his hands, and fell dead at the child's feet.
*******
Some time, we are told, when the cycle of years has rolled around, there is to
be another golden age, when all men will dwell together in love and
harmony, and when peace and righteousness shall prevail for a thousand
years. God speed the day, and let not the shining thread of hope become so
enmeshed in the web of circumstance that we lose sight of it; but give us here
and there, and now and then, some little foretaste of this golden age, that we
may the more patiently and hopefully await its coming!

Summary :
The poignant story begins by introducing us to Ben Davis, a Black
blacksmith making a shoe for his white client, Colonel Thornton's horse, in
his workshop. He is being helped by Tom, a young man of mixed ancestry
(mulatto). Work done, Ben's eyes falls on the Colonel's colorful whip and he
longingly wishes to possess one such whip. He is taunted by a bystander, one
from his own community for his desire to be like Thornton. However, Ben
Davis waves him off and very confidently
Tells him, this may not have bee n possible before the war. Moreover, he
goes on To voice his opinion about how if every Black had taken care of his
money and
bought land for himself like he had, half the land would have been in the
possession of Blacks,but unfortunately he continues, they were wasting their
Money in building churches instead of houses for themselves. Ben Davis had
attained, a relatively high degree of prosperity after the Civil War. Naturally
enough, he feels he's possessed of the secret for success in the white man's
world.
After wrapping up his work, he goes home and triumphantly tells his wife
Nancy that he will be soon paying off the mortgage for the house with
interest. With a turn of events the next day, Ben Davis is accused of stealing a
whip belonging to Colonel Thornton from his barn and the whip is
discovered hidden in Ben's workshop. In reality the theft was set up by his
assistant Tom who was himself jealous of Ben's success and who
undoubtedly felt that since he was whiter than Ben he had more rights to the
blacksmith's wife and property.
The case of State of North Carolina v. Ben Davis comes up for trial. Ben
Davis denies having stolen the whip and pleads that he is not guilty. His
defence lawyer secretly believes he is guilty and does not offer any strong
defense. None of the witnesses testify that Ben took the whip but Ben's
prejudiced defense attorney's plea is more "like an appeal for mercy than a
demand for justice." The judge and the state's attorney speak. of
circumstantial
evidence. Subsequently, the all-white jury, unanimously declares Ben guilty.
Only Tom (Ben's assistant) secretly hiding behind, knows the truth. Ben is
unjustly sentenced to five years in the penitentiary. The case takes on a
discriminatory angle as a white man is sentenced to only one year for
manslaughter and another young white gets six months for forgery. Ben
receives the sentence
showing little emotion. After serving his term, Ben comes out of jail. He
looks totally haggard as he finds his way to the house he had lived in. He
keeps wondering how his wife had managed without him all these five years
and also about his children. Ultimately, he knocks on the door to find
strangers living there who hardly know who he was. A neighbour chips in
with more information and Ben learns that his wife ran away with his
assistant, his daughter fell into the creek and got drowned, his son was
lynched for killing a white man and his house was bought by a white
[Link] he was in jail he had harbored a burning desire of revenge against
Thornton but after he hears of the destruction of his family this demonic
emotion lights up as his life's purpose. He walks towards Thornton's house in
a
plantation, with a bludgeon in hand and hides behind the bushes. Famished
and tired he falls asleep and dreams of his past and the pleasant times he
spent with his family. Äs he wakes up, he sees a sweet child above him and
speculates she must be Thornton's daughter. The aura of the little innocent
child overpowers his feeling of grudge. He hears the sound of a horseman
and he flees. He passes the little girl and Thornton's eyes falls upon this man
running towards his daughter with a bludgeon in hand. Fearing that his child
was in danger, he shoots Ben who meets his tragic end at the feet of the child.
Charles Chesnutt ends the story with hope, optimism and an idealistic plea,
that, there would a golden period in future when everyone would live with
amity and goodwill and an appeal-"Let not the shining thread of hope become
so enmeshed in the web of circumstances that we lose sight of it"

Analysis

This story is all about color prejudices, injustice by the white race against the
black and the complexities of issues of mixed race.
The Web of Circumstance portrays the Black Ben Davis who does not
receive a fair trial in a Southern court of justice, during the Reconstruction
era.
Post-civil war in 1850s, the color lines had been drawn. Many Northerners
believed that Black people should be free to pursue their dreams while most
Southerners believed that blacks should continue to work as slaves. The
Reconstruction Era lasted from the end of the Civil War in 1865 to 1877. Its
main focus was on bringing the southern states back into full political
participation in the Union, guaranteeing rights to former slaves and defining
new relationships between African Americans and the whites.
What did freedom mean to people who had endured and survived 250 years
of enslavement in America? What did the future hold for nearly four million
African Americans in 1865? Freedom meant many things to many people.
But to most former slaves, it meant that families would stay together.
Freedom meant that women would no longer be sexually exploited. Freedom
meant learning to read and write. Freedom meant organizing churches and
moving around without having to obtain permission. Freedom meant that
labour would produce income for the laborer and not the master. Freedom
meant working without the whip.
Freedom meant land to own, cultivate, and live on. Freedom meant a trial
before a jury if charged with a crime. Freedom meant voting. Freedom meant
citizenship and having the same rights as white people.*
-Ben Davis also yearned for all this.
5. Unlike other Blacks, he was a sensible man setting a good example for
members of his community by working hard, being thrifty; buying land and
taking advantages of the opportunities available to Blacks after the civil
war,unlike some blacks who were fleeting away money on excursions and
idling away with their time with no goal at hand.
Colonel Thornton represented the white race who believed that they were
superior and therefore should wield power and influence over the blacks. The
ornamental whip he possessed symbolised white domination.
After Ben is arrested and the trial begins, the state attorney makes all effort to
prove his eloquence and skill,by his verbosity by equating simpleton Ben to
Tom Paine,Voltaire and calling him an anarchist who had to be checked by
the ‘stern hand of the law’.All for a 15 dollar worth whip allegedly stolen by
Ben.
The facts as stated by the politically ambitious State's Attomey are all
twisted, as artless Ben just looks on, since he fails to understand what was
going on. The State Attorney was only "anxious to make as good a record as
possible. He had no doubt of the prisoner's guilt". The Defense lawyer does
not seem to rebut and straighten the facts right, but he secretly believes his
client is guilty. He fails in his duty to ensure his client is treated fairly by the
criminal justice system. All that he pleads is for mercy. When Ben leans
forward to say something, his lawyer warns him, thus silencing his voice, the
voice of a Black man.
Each official of the white power structure-the attorneys, the jury member, the
sheriff, the judge faces a moral choice in this account To look objectively at
the situation or to allow the popular misconception that all blacks are thieves
to dominate their thinking.
The judge is said to have a word with Colonel Thornton aside while poor Ben
is made to feel like a dangerous criminal. Ben seems to be trapped in a Web
of Circumstances.
Even the readers apart from the spectators in court are left wondering why
was there a storm in a teacup for nothing - a whip worth 15 dollars, allegedly
stolen by the accused? The fact of the matter is that the court had no interest
in discovering the identity of the real culprit. Moreover "the whip symbolized
something more than just a piece of leather for flogging the animal - it stood
for power. The slave owners used it to punish the slaves. The whip per se
allegedly stolen by Ben appears? non-entity but it only signified authority and
supremacy.
Why was the jury all white ? We seem to question. But if we look into the
history of that time, although free, the prejudice persisted. In cases of legal
disputes, blacks could testify in court, but only against other African
Americans, and they had to have their case tried before all. white juries.
According to some Black Codes, African Americans could not serve on juries
at all.
Before Ben's sentence, two white men were sentenced too, one for
manslaughter and another for forgery. The irony was that the former was
sentenced to one year at the penitentiary and the latter for just six months.
Connections and color seemed to have raised their ugly head.
The Judge seems to interpose good advice to those convicted in his
judgement but when it comes to Ben, reflecting Southern aristocratic
attitudes, the judge is fearful that Ben's opinions would "breed discontent,
and give rise to strained relations between them and their best friends, their
old masters, who understand their real nature and their real needs", and so he
punishes Ben as a warning to Blacks that they should not be too progressive
in their ideas and shows their proper place in society. He also calls the
larceny of a simple whip, as a case that was aggravated.
The judge further calls Ben's race as unfortunate which reeks of arrogance.
He spells severe punishment for Ben - five years in the penitentiary and calls
it a light sentence. Ben is convicted by the ideology which he once believed
would protect his own efforts to prosper in a transformed Southern economy.
His return after spending five years in the penitentiary with hope in his eyes
to settle down peacefully with his wife and children, gets shattered when he
discovers that his wife is living with his assistant Tom. daughter drowned,
and son lynched by a mob for shooting a white man.
An honest, hardworking and ambitious Black man's life is smashed to
smithereens all due to an all-white criminal justice system.
Revenge, the demonic quality surges in Ben's heart as he reaches Thornton's
plantation but when he sees the little angelic face of Thornton's daughter, the
divine quality erases the demon in him and he flees, as Thornton approaches
to protect his daughter. Ben as seen as a Black clad in filthy rags and carrying
a dangerous weapon, is indiscriminately shot. Our heart goes out to Ben who
meets his end falling at the feet of the angelic child imploring the Lord now
on, to
'Lead him on' to peace and happiness that he very rightly deserved and never
found in this world.
Ben being shot at, by the white Thornton is a very hardened stroke and it's
obvious that domination by forces beyond his control due to the web of
circumstances is conclusive.
1) Chesnutt ends the story on a very idealistic note since he as a Black writer
hasn't lost any hope. The wheel of fortune is sure to come up and he foresees
a golden age when "mankind will dwell together in love and harmony".
2) Chesnutt's final words as he wraps up metaphorically saying we are so
caught in a web like situation by our circumstances which it is
difficult to escape and we seem to lose sight of the rainbow at the end,
beckoning us to a golden age.
. Such stories of injustice reminds us of the Eighteenth century Anglo- Irish
novelist Oliver Goldsmith who had rather sarcastically said, "Laws grind the
poor, and rich men rule the law." This was in complete anathema to the Latin
maxim "Fiat Justitia ruat coelum' which means Let justice be done, though
the heavens fall.

Theme-
The theme of this story can be interpreted as the destructive consequences of
jealousy, prejudice, and the pursuit of revenge. It explores the complexities of
race relations and the harsh realities faced by African Americans in a
discriminatory society. The story highlights the aspirations of the protagonist,
Ben Davis, to achieve success and prosperity in the white man's world.
However, his desires and accomplishments are undermined by jealousy and
betrayal from within his own community. The unjust trial and sentencing
further illustrate the systemic biases and prejudices that perpetuate inequality.
Racism and Discrimination: The story portrays the racial tensions and
discrimination prevalent in society during the post-Civil War era. Ben Davis,
as a Black man, faces challenges and limitations imposed by the white-
dominated society. The unjust trial, where circumstantial evidence and
prejudice influence the outcome, highlights the systemic racism that denies
justice and equality to African Americans.
Jealousy and Betrayal: The character of Tom, Ben's assistant, represents the
destructive power of jealousy. Despite their shared ancestry, Tom feels
resentful towards Ben's success and desires his possessions, including his
wife. This jealousy leads Tom to set up Ben by stealing the whip and framing
him for the theft. The betrayal by someone from his own community adds
another layer of complexity to the story, highlighting how division and envy
can harm individuals and communities.
Pursuit of Success and Prosperity: Ben Davis represents the aspirations of
many African Americans during that time who sought economic
independence and upward mobility. He takes pride in his achievements,
emphasizing the importance of financial responsibility and property
ownership. However, the story also suggests that individual success alone
may not protect against the deep-rooted prejudices and injustices of the
society.
Revenge and its Consequences: Ben's burning desire for revenge against
Colonel Thornton for his perceived injustices intensifies after the tragic loss
of his family. This desire consumes him and distorts his priorities, leading
him to approach Thornton's house with violent intentions. However, the
encounter with Thornton's innocent daughter challenges Ben's grudge and
momentarily reawakens his humanity. Ultimately, the pursuit of revenge not
only fails to bring justice but also leads to Ben's own tragic demise.
Hope and Optimism: Despite the tragic events depicted in the story, Charles
Chesnutt concludes with a plea for hope, amity, and goodwill. The author
suggests that there is a need to preserve hope even in challenging
circumstances and to resist becoming consumed by anger, revenge, and the
negative consequences of discrimination. This theme offers a vision of a
better future where people can live together harmoniously, free from the
shackles of prejudice and animosity.
The Illusion of Success: The story examines the illusion of success within a
racially biased society. Ben Davis, despite his relative prosperity, is still
subject to discrimination and injustice. His success as a blacksmith and
property owner does not shield him from the prejudices and limitations
imposed by the white-dominated world. This highlights the harsh reality that
individual achievements may not dismantle systemic racism or guarantee true
equality.
The Destructive Cycle of Violence: The theme of revenge explores the
destructive cycle of violence and its far-reaching consequences. Ben's
burning desire for revenge stems from the immense pain and loss he has
experienced. However, this desire for vengeance only perpetuates the cycle
of violence and results in more tragedy. The story serves as a cautionary tale,
warning against the destructive nature of revenge and advocating for finding
alternative paths to justice and healing.
The Fragility of Relationships: The story depicts the fragile nature of
relationships and the ease with which they can be destroyed. Ben Davis's
family, once united, is torn apart by betrayal, tragedy, and the ravages of
racism. The loss of his wife, daughter, and son underscores the devastating
impact of societal prejudice on family bonds and the deep wounds inflicted
by discrimination.
The Power of Innocence and Empathy: The encounter between Ben Davis
and Colonel Thornton's daughter highlights the power of innocence and
empathy to transcend racial divides. The child's presence awakens a glimmer
of compassion within Ben, momentarily challenging his desire for revenge.
This suggests that genuine human connections and understanding have the
potential to bridge divides and foster reconciliation, even in the face of deep-
rooted prejudice.
the story delves into the themes of racial discrimination, shattered dreams,
revenge, and the power of hope and empathy. It explores the destructive
consequences of racism, jealousy, and revenge, while also holding onto the
possibility of a more harmonious future where individuals can rise above
prejudice and find common ground.

[Link] sketch of Ben Davis-5M.

Ben Davis is a central character in the story, and his journey serves as a lens
through which various themes are explored. Here is a character sketch of Ben
Davis:
Ben Davis: Ben Davis is a Black blacksmith living in a racially
discriminatory society. He is depicted as a determined and hardworking
individual who aspires to succeed in the white man's world. Despite facing
systemic racism and limitations, he manages to attain a relatively high degree
of prosperity after the Civil War.
He is depicted as a sensible and ambitious man who sets a good example for
his community by working hard and being thrifty.
Unlike some other Black individuals who squander their money and time,
Ben is focused on taking advantage of the opportunities available to Blacks
after the Civil War.
He believes in the potential of financial independence, property ownership,
and education as means of progress for himself and the Black community.
Ambitious and Proud: Ben is ambitious and takes pride in his
accomplishments. He sees his financial success, property ownership, and
ability to pay off his mortgage as symbols of his triumph in a society that has
historically oppressed and marginalized Black individuals. He believes that
financial independence and property ownership are crucial for the
advancement of the Black community.
Confident and Defiant: Ben is confident in expressing his opinions and
desires, even in the face of criticism and taunting from others within his own
community. When confronted by a bystander who taunts him for desiring the
Colonel's whip, Ben confidently asserts that such desires were not possible
before the war. He firmly believes in the potential for Black individuals to
succeed if they take care of their money and invest in property instead of
wasting it on churches.
Desire for Freedom and Equality:
Ben yearns for the freedoms and rights that were denied to Black people
during slavery, including the ability to keep families together, end sexual
exploitation, and learn to read and write.
He understands that freedom means more than just physical emancipation; it
encompasses economic independence, the ability to move freely, and fair
treatment under the law.
Pragmatic and Forward-Thinking: Ben possesses a pragmatic and forward-
thinking mindset. He recognizes the importance of economic independence
and land ownership for the progress of African Americans. Unlike some of
his peers who waste their resources, Ben emphasizes the value of investing in
property and securing a stable future for himself and his family.
Betrayed and Tragic Fate: Ben's life takes a tragic turn when he is falsely
accused of stealing Colonel Thornton's whip. The betrayal comes from his
own assistant, Tom, who is jealous of Ben's success and desires his wife and
property. Ben's unjust conviction and subsequent imprisonment lead to the
destruction of his family. His wife runs away with Tom, his daughter drowns,
and his son is lynched. Ben's home is bought by a white man, leaving him
with nothing upon his release from prison.
Endurance and Resilience: Despite the unjust treatment he receives, Ben
exhibits remarkable endurance and resilience. He serves a prison sentence of
five years but holds onto the hope of rebuilding his life and reuniting with his
family.
Representation of Historical Injustices: Ben Davis serves as a representative
of the systemic injustices faced by African Americans during the
Reconstruction era. His wrongful conviction, biased trial, and harsh
sentencing highlight the racial prejudices and inequities embedded in the
criminal justice system of that time. Through Ben's experiences, the story
sheds light on the broader struggles and challenges faced by African
Americans seeking justice and equality.
Desire for Revenge: Ben's tragic experiences fuel a burning desire for
revenge against Colonel Thornton. He becomes consumed by thoughts of
vengeance, seeing it as his life's purpose after losing everything. However,
his encounter with Thornton's daughter challenges his grudge, showcasing
the conflict between his desire for revenge and his capacity for empathy.
Complex Emotions and Moral Dilemmas: Ben's character grapples with
complex emotions and moral dilemmas. On one hand, he experiences a
burning desire for revenge against those who have caused him immense pain
and loss. On the other hand, he displays compassion and humanity when
confronted with Thornton's innocent daughter, realizing that violence is not
the answer.
Symbol of Hope: Ben symbolizes the hope and resilience of African
Americans during a time of racial discrimination and adversity. Despite
facing numerous setbacks and injustices, he maintains a glimmer of hope for
a better future and a more just society.
Ben Davis is a character who embodies the aspirations, resilience, and
struggles of African Americans during the Reconstruction era. He is a
determined, self-confident individual who faces unjust circumstances and
tragic losses but also exhibits moments of compassion and humanity. Ben's
character serves as a poignant reflection of the historical realities and
challenges faced by African Americans in their pursuit of freedom and
equality

Character sketch of colonel Thornton

1. Symbol of White Dominance: Colonel Thornton represents the white
ruling class during the Reconstruction era. He embodies the social and
economic power that white plantation owners held over African Americans in
the South. His ownership of a plantation and his authoritative presence
symbolize the dominance of the white population.
2. Material Wealth and Privilege: Colonel Thornton is portrayed as a wealthy
and privileged individual. He owns valuable possessions, such as a colorful
whip, which Ben Davis admires. His material wealth and lifestyle contrast
with the struggles and aspirations of African Americans like Ben,
highlighting the stark disparities between the two racial groups.
3. Prejudiced Attitudes: Colonel Thornton harbors prejudiced attitudes
towards African Americans. His interactions with Ben and his community
members reveal a sense of superiority and entitlement based on race. He
represents the prevailing racist mindset of many white individuals during that
era.
4. Catalyst for Conflict: The accusation of theft against Ben Davis is
instigated by Colonel Thornton. Although the actual theft is orchestrated by
Tom, Ben's assistant, it is Colonel Thornton's whip that is allegedly stolen.
His actions set in motion a series of events that lead to Ben's unjust trial,
conviction, and subsequent tragedy.
5. Protective Father Figure: Colonel Thornton demonstrates his paternal
instincts and protectiveness towards his daughter when he shoots Ben Davis,
mistaking him for a threat. This aspect of his character humanises him to
some extent, showing that he is capable of love and concern for his family.
6. Representative of the Racial Divide: Colonel Thornton's character
represents the racial divide and the power dynamics between white plantation
owners and African Americans. His presence in the story highlights the
systemic racism and injustice prevalent in the society of that time.
It is important to note that Colonel Thornton's character is depicted from the
perspective of the story's narrative, which seeks to shed light on the racial
tensions and inequalities of the Reconstruction era.
5. The case for Defence- Graham Greene

Henry Graham Greene, was an English writer, playwright and journalist. The
world Greene's characters inhabit, is a fallen one, and the tone of his works
emphasizes the presence of evil as a palpable force. His novels display a
consistent preoccupation with sin and moral failure acted out in seedy locales
characterized by danger, violence, and physical decay. Greene's chief concern
is the moral and spiritual struggles within individuals, but the larger political
and social settings of his novels give such conflicts an enhanced resonance.

Summary :
the narrator is Graham Greene who writes this story in the garb of a crime
reporter. The case is called "The Peckham Murder Case although it takes
place in Northwood street. An old lady called Mrs Parker is murdered in the
reichborhood. Apparently, she is battered to death at 2 AM on February 14th.
Mrs. Salmon who heard some noise that morning got up, looked out of the
window and saw a well-built man (Adams) standing on the steps of Mrs.
Parker's house with a hammer. She also saw him throwing the hammer in the
bushes. But before he moved on, he looked up at her window. So, she was
able to have a clear sight of Adams. She immediately called the Police.
The case came for trial.
Four witnesses were called by the Crown and their statements recorded. Mr.
Dougall & Mr. Wheeler, both neighbours, had seen Adams. So, had another
witness. Mrs. Salmon was the fourth witness who related her account of the
sequence of events that occurred on the night of the crime.
The Crown explained that the defence counsel proposed to plead the case of
mistaken identity since Adams had an alibi. But after hearing the witnesses of
the Crown the defence might have to retract this possibility. The narrator
states, that at this stage the reader would have decided that the case was
almost over and only the judgement of death penalty was left to be declared.
It was now the turn for the defence counsel to cross examine the witnesses.
The policeman who found the body and the surgeon who examined it
testified first. Mrs. Salmon was called next
The narrator states that she was an ideal witness with an expression of
honesty and kindness, The ours tor the crown asked her to relate her story.
Mrs. Salmon stuck to her words she looked straight into the eye of the
accused and testified that she had indeed seen the very same man in the dock
on the day of the crime and that she was not mistaken.
It was the defence councel’s turn to cross question. He asked Mrs. Salmon it
her eyesight was good to which she said that it was so good that she never
had to wear spectacles. He questioned her again if it was the man in the dock
she had seen on the day of the murder. She said it was a face one could not
easily forget.
He then asked her to look around in the court and examine the people present.
He called out to a man called Adams to stand. This man was also we built
and was a mirror image of the accused standing in the dock. Mrs. Salmon
was totally confused.
The story takes a twist here as this man is introduced as the identical twin
brother of the accused Adams in the dock. Since none of the witnesses
present were able to identify the real murderer, the case was dismissed for
want of evidence. Moreover, this twin had his alibi too. The crime reporter
who reported this case followed Mrs. Salmon out of the court and since there
was a huge crowd to see the twins, both got stuck in the crowd. While they
were getting out of the front entrance of the court, a very strange incident
happened One of the twins got pushed onto the road and he came under a
bus. His skull was smashed just as Mrs. Parker's had been. The narrator ends
the story by asking two questions. The first one is if it was Divine Justice. No
one knew which brother was crushed under the bus - the innocent one or the
murderer. The second question is to the readers if you were Mrs. Salmon
could you then sleep at night?

Analysis-
Greene's The Case for the Defence is a typical crime story - The Peckham
Murder trial, with a twist. The theme of the story talks about Divine Justice
versus Legal Justice or Earthly Justice.
The theme is enhanced by motifs such as fear, uncertainty, confusion and
capital punishment. (Capital Punishment in England was abolished only in
1965).
It revolves around one of the classic principles of Penal Laws and the
Law of Evidence.
The characters featured in the story are Adams, (the alleged murderer), his
twin brother, the witnesses (Mrs. Salmon, Mr. Mac-Dougall and Mr.
Wheeler), the defence counselor, the narrator, the judge, the reporters and the
crowd.
Four witnesses viz-a-viz Henry Mac-Dougall & Mr. Wheeler, both in the
neichbourhood the policeman who had found the body and the surgeon who
examined testified.
However, the main witness was Mrs. Salmon, a lady of fifty-six with fine
evesight who testified to have seen the accused walk out of the apartment of
Mrs. Parker with a hammer which he dropped into the bushes by the front
gate. She was the one who had later called the police.
The counsel for the defence rose to cross examine Mrs. Salmon & after a few
questions, the identical twin brother of Adam's is presented & made to stand.
Mrs. Salmon is asked whether it was this twin who was she saw or the one in
the dock.
thereafter, she is stupefied & flustered. She wasn't sure as to whom she saw
on the night of the murder.
This identical twin of to accused created a reasonable doubt as to who the
real person was & who had committed the murder?
Both the brothers had an alibi.
The penal Law states that before an individual is awarded with punishment,
the crime must be proved beyond a reasonable doubt & if there exists a single
doubt, the accused will be given the benefit of double thus has to be
acquitted.
The quote Benjamin Franklin's maxim that stands appropriate here, " It is
better that 100 guilty persons should escape than that one innocent person
person should suffer"
The Law of Evidence plays a very important role in the effective functioning
of the judicial system.
The accused was acquitted due to the lack of evidence and no one knew who
had committed the murder.
In the end as the brothers came out of the courtroom, one of the twin brothers
was crushed by a vehicle as he got pushed on to the road. It is not known as
to who pushed him.
Who was killed was a big question which remains unanswered till the very
end. Was it the brother who murdered Mrs. Parker or his twin brother?
The narration does not conform to the traditional story pattern of a crime
story because it is not chronological like a traditional crime story which
begins with the discovery of a crime and leads up to an investigation by a
detective. In this story, we do not have any detectives.
The theme of this story is justice. Some people believe that there exists
Divine Justice that operates in the world and if justice on earth fails, the
divine power takes control and renders justice.
Had Adams been convicted, he would have been given capital punishment.
The story also targets the judicial system of the UK in the 1930s, the time
when capital punishment was still used as a way to punish crimes.
Ultimately, we are made to believe that everyone gets what they deserve:
Witnesses like Mrs. Salmon to be appreciated for courageously and firmly
testifying against the defendant, whom she saw walking out of Mrs. Parker's
apartment on the night of the murder. At the end, we are left wondering if she
felt at peace for doing her duty as a good neighbour and a good citizen or felt
threatened by the imminent danger since no one knew which twin had
committed the murder.

Theme-
The theme of the case for defence by Graham Greene is the idea of earthly
justice versus divine justice. Earthly justice is the system of laws and
punishments that is created by humans. Divine justice, on the other hand, is
the system of rewards and punishments that is created by God.
In the story, Mr. Adams is accused of murder. The evidence against him
seems overwhelming, but he insists that he is innocent. His lawyer, Mr.
Rumbold, sets out to prove his innocence.
Mr. Rumbold's defense is based on the idea that earthly justice is flawed. He
argues that the human mind is fallible, and that witnesses can be mistaken.
He also points out that the law is often more concerned with punishment than
with justice.
In the end, Mr. Rumbold is able to convince the jury that Mr. Adams is
innocent. However, he does not succeed in proving that Mr. Adams is guilty.
The story ends with Mr. Adams being released from prison, but the reader is
left to wonder whether he is truly innocent or not.
Greene's story raises important questions about the nature of justice. Can we
ever be sure that someone is guilty, even if all the evidence points to their
guilt? Is it possible for earthly justice to be truly just, or is it always flawed?
These are questions that Greene leaves the reader to ponder.
The story also explores the theme of doubt. The reporter who is covering the
trial is initially convinced that Mr. Adams is guilty. However, as he learns
more about the case, he begins to doubt. He is also troubled by the fact that
Mr. Adams looks identical to his twin brother. This raises the question of
whether it is possible to truly know someone, even if you have seen them
with your own eyes.
The case for the defence is a complex and thought-provoking story that
explores the limits of earthly justice. Greene's story is a reminder that we
should never be too quick to judge, and that we should always be open to the
possibility that we are wrong.
[Link] the story The case for Defence by Graham green, how does the suspense
continue even at the end of the story? -10 m
The suspense in The Case for the Defence by Graham Greene continues even
at the end of the story because the reader is left wondering whether Mr.
Adams is truly innocent. The evidence against him seems overwhelming, but
he insists that he is innocent. His lawyer, Mr. Rumbold, sets out to prove his
innocence, but he does not succeed in proving that Mr. Adams is guilty. In
the end, Mr. Adams is acquitted, but the reader is left with the feeling that he
may have gotten away with murder.
There are a few reasons why the suspense continues even at the end of the
story. First, the story is told from the perspective of a reporter who is
covering the trial. The reporter is initially convinced that Mr. Adams is
guilty, but as he learns more about the case, he begins to doubt. He is also
troubled by the fact that Mr. Adams looks identical to his twin brother. This
raises the question of whether it is possible to truly know someone, even if
you have seen them with your own eyes.
Second, the story is full of ambiguity. The evidence against Mr. Adams is
circumstantial, and there are several witnesses who are not sure if they saw
him commit the murder. This makes it difficult for the reader to decide
whether Mr. Adams is guilty or innocent.
Third, the story ends with a question. The last line of the story is, "But if you
were Mrs. Salmon, could you sleep at night?" This question leaves the reader
wondering whether Mr. Adams is truly innocent, or if he is guilty and got
away with murder.
The suspense in The Case for the Defence is created by the author's use of
ambiguity, doubt, and unanswered questions. This suspense keeps the reader
engaged and thinking about the story long after they have finished reading it.
Also The use of symbols: The story uses several symbols to create suspense.
For example, the twin brothers represent the duality of human nature, the
courtroom represents the struggle between good and evil, and the verdict
represents the reader's own judgment of Mr. Adams. These symbols help to
create a sense of mystery and intrigue, which keeps the reader guessing until
the very end.
The author's style: The author's style also contributes to the suspense. The
story is told in a matter-of-fact way, which gives the impression that anything
could happen. The author also uses a lot of foreshadowing, which hints at
events that will happen later in the story. This creates a sense of anticipation
and keeps the reader on the edge of their seat.
The reader's own involvement: The reader is also involved in the suspense
because they are forced to make their own judgment about Mr. Adams's guilt
or innocence. The author does not provide any clear answers, so the reader
must decide for themselves whether they believe Mr. Adams is guilty or
innocent. This involvement makes the story more suspenseful and engaging.
The suspense in The Case for the Defence is created by a combination of
factors, including the author's style, the use of symbols, and the reader's own
involvement. These factors work together to create a story that is both
thought-provoking and suspenseful.