and then at RUTH,
who is sitting perfectly rigid with her eyes fixed on FALDER] I'll
consider your application. It must depend. I have to remember that
she may have come here to commit perjury on the prisoner's behalf.

FROME. Your lordship, I really----

THE JUDGE. Yes, yes--I don't suggest anything of the sort, Mr.
Frome. Leave it at that for the moment.

As he finishes speaking, the jury return, and file back into the
box.

CLERK of ASSIZE. Gentlemen, are you agreed on your verdict?

FOREMAN. We are.

CLERK of ASSIZE. Is it Guilty, or Guilty but insane?

FOREMAN. Guilty.

The JUDGE nods; then, gathering up his notes, sits looking at
FALDER, who stands motionless.

FROME. [Rising] If your lordship would allow me to address you in
mitigation of sentence. I don't know if your lordship thinks I can
add anything to what I have said to the jury on the score of the
prisoner's youth, and the great stress under which he acted.

THE JUDGE. I don't think you can, Mr. Frome.

FROME. If your lordship says so--I do most earnestly beg your
lordship to give the utmost weight to my plea. [He sits down.]

THE JUDGE. [To the CLERK] Call upon him.

THE CLERK. Prisoner at the bar, you stand convicted of felony. Have
you anything to say for yourself, why the Court should not give you
judgment according to law? [FALDER shakes his head]

THE JUDGE. William Falder, you have been given fair trial and found
guilty, in my opinion rightly found guilty, of forgery. [He pauses;
then, consulting his notes, goes on] The defence was set up that you
were not responsible for your actions at the moment of committing
this crime. There is no, doubt, I think, that this was a device to
bring out at first hand the nature of the temptation to which you
succumbed. For throughout the trial your counsel was in reality
making an appeal for mercy. The setting up of this defence of course
enabled him to put in some evidence that might weigh in that
direction. Whether he was well advised to so is another matter. He
claimed that you should be treated rather as a patient than as a
criminal. And this plea of his, which in the end amounted to a
passionate appeal, he based in effect on an indictment of the march
of Justice, which he practically accused of confirming and completing
the process of criminality. Now, in considering how far I should
allow weight to his appeal; I have a number of factors to tak