"May it please your honour," he slowly began, "I wish to establish to the court before I say anything in behalf of my client, the important fact that he offered to make full restitution of the property taken, that he did this voluntarily before he was even suspected of the crime, and that his offer was refused."
"Without question, your honour," was the instant answer.
The old Recorder lifted his gray eyebrows in surprise, and settled back into his seat with a low grunt.
"I make the fair inference therefore in the beginning," Stuart went on evenly, "that the prosecutor in the case, who appears in this court to-day with an array of distinguished lawyers, whose presence is unnecessary to serve the ends of justice, is here actuated solely by a desire for personal vengeance."
Stuart paused and Bivens moved uneasily in his seat.
"I speak to-day, your honour, in behalf of the man who crouches by my side overwhelmed with shame and grief and conscious dishonour because he took a paltry package of jewellery from a man who has never added one penny to the wealth of the world and yet has somehow gotten possession of one hundred million dollars from those who could not defend themselves from his strength and cunning. This man stands before you now with no shame in his soul, no tears on his cheeks, and with brazen effrontery demands vengeance on a weaker brother.
"Two men are on trial, not one. The majesty of the law has already been vindicated in the tear-stained plea that has been entered. Between these two men the court must decide.
"I am not here to defend the crime of theft. The law of property has long been omnipotent. But I dare to plead with your honour to-day for the beginning of a new, nobler, higher law of humanity--the law that shall place man above his chattel. I shall not ask for the mercy of a light sentence. I am going to appeal to this court for something bigger, more divine. I am going to ask for justice under the higher law of man, whose divine code is yet unwritten, but whose day is surely dawning."
The judge leaned forward with one hand on his cheek, listening intently to the young lawyer's quivering words. Bivens's face had grown livid with excitement, and he sat staring helplessly at the speaker.