454
The Green Bag
stand, which might have made much differ ence, for a mere unsworn statement is not evidence, whereas, if the prisoner is sworn as a witness, what he says becomes part of the record. What his Lordship meant by the question was to distinguish between a mere statement, in the nature of a plea for mercy, or evidence going to the merits of guilt or innocence; but this was not explained to the prisoner, who was simply asked from which location he desired to speak, which would not convey to a man without counsel any intimation of the difference between an unsworn statement and testimony under oath. It was quite apparent that the prisoner and the presiding judge did not fully understand each other at this point of the trial. However, in this particular case it made no difference, as it was inevitable the man should be sentenced as he richly deserved,— and it was all over before luncheon. A long statement which the prisoner had prepared was then read by the clerk of the court, who stumbled over the manuscript, and the effect of the revolutionary diatribe was quite lost, although enough of it was audible to be exceedingly offensive to a British court and audience who heard their country charged with the exploiting of India and themurderof innumerable Indian subjects. The Lord Chief Justice then charged the jury in a most sensible manner, avoiding all reference to the sensational and political aspects of the assassination, saying that, in the eye of the English law, there is no such thing as justification for murder, and that the prisoner had atrociously killed his friend and benefactor wholly without cause. The jury put their heads together for about one minute, when the foreman rose and delivered the verdict of "Guilty." There are no degrees of murder in England, but in cases where a weak intellect or extreme extenuating circumstances render hanging too severe a penalty the Home Secretary exercises a power of commutation.
Dhinagri was then ordered to stand up and was asked whether he had anything to say why sentence should not be passed upon him. With a venomous snarl he replied (as well as could be understood) : "You can do what you like with me. You white people are allpowerful now, but, remember, we shall have our time in the future." Then followed absolute silence for two minutes—a silence in which the breathing of persons near was audible. The purpose of a piece of black cloth lying on the desk of the Lord Chief Justice then became apparent, for it was the "Black Cap." One naturally thinks, from its name, that this is a kind of headgear having some relation to the shape of a man's head. On the contrary, it is a plain piece of limp black cloth, about one foot square, which the judge merely places on the top of his wig, where it rests quite casually, perhaps at a rakish angle, the four corners hanging down and the whole producing a somewhat ludicrous effect. Neither judge, jury nor audience rose for the sentence of death—as is the practice in America—but all remained seated, while the Lord Chief Justice pronounced the sentence that Dhinagri should be hanged by the neck until he is dead and be buried at the place of execution. At this stage the chaplain ap peared at the elbow of the Lord Chief Justice and invoked mercy upon the soul of the prisoner. Thereupon Dhinagri brought the back of his hand to his forehead with the Indian gesture of "salaam," saying, with decided imperti nence of manner, "Thank you, my Lord; I am proud to have the honor of giving so humble a life to my country." Then Dhinagri and his three guards disap peared downward from the dock, much as rabbits scurry into a burrow, and in two minutes the Lord Chief Justice and his escort, as well as the small audience, had withdrawn, leaving the courtroom empty except for one or two newspaper reporters who were com pleting their notes.
