and somewhat unjustifiable
severity; there was no ground to believe that murder was intended, yet
the defendant had committed a grave offence when, yielding to an absurd
notion, he had deemed it proper to threaten the cartwright with a
fire-arm. He would therefore propose to sentence Abonyi for homicide
through negligence to--six months' imprisonment.
Abonyi's lawyer tried to show that the revolver had not been
superfluous, since it was necessary to inspire a furious man, who was
threatening deeds of violence, with salutary terror, and thereby
restrain him from excesses. As parish-magistrate, it was Abonyi's duty
to oppose the cartwright, and when the latter scorned and rebelled
against the authorities, Abonyi had been fully justified in compelling
the cartwright to respect his orders, even by forcibly handcuffing him.
For the unfortunate accident which resulted in the loss of a human
life, Abonyi could not be held responsible, and he therefore requested
the acquittal of his client.
The prosecuting attorney replied that it was not fully proved that
Molnar had been so refractory that handcuffing was indispensable; but
he would admit that it was necessary to maintain the dignity of the
magistracy energetically, in the midst of a turbulent, insubordinate
populace.
Abonyi's lawyer answered that, instead of making any rejoinder, he had
only one thing to say: his client would engage to provide for the
unfortunate Molnar's widow by giving her a large piece of land and also
settling upon her an annual income, legally secured, of four hundred
florins.
A murmur of approval ran through the audience, suppressed by a stern
command from the judge. After a short whispered consultation, during
which the defendant was not even led out of the court-room, the judge
pronounced the sentence, that the defendant, for the homicide through
negligence of Stefan Molnar, was condemned to six months imprisonment;
any claims for compensation from those entitled to demand them were
reserved and could be brought before the civil courts. The prosecuting
attorney declared himself satisfied with the sentence, as his proposal
had been fully accepted; the lawyer for the defence exchanged whispers
a moment with the condemned man, and then also said that he would give
up the appeal to a higher tribunal; the judge closed the proceedings,
and Abonyi went out through the door by which he had entered, while the
man with the cap followed respectfully
|