“My client will plead guilty to the Cardello murder,” said Guisseppi’s lawyer. “I take it your honor will agree with me that having paid the penalty of the law for his former crime, he can not again be hanged for that old offense.”
“I do agree with you,” replied the judge. “The sentence was that on a certain day at a certain hour, he be hanged by the neck until dead. This sentence was carried out. He was hanged. He was officially pronounced dead. It is not for me to say whether death was absolute. Perhaps a spark of life remained which was fanned back to full flame. Possibly his soul actually left the body and was recalled by some cryptic means we do not fully understand.
“But, whatever the truth, his return to life creates a unique situation. I know of no precedent of which the law ever has taken cognizance. So far as I know, this case is the first of its kind in history. Since the sentence pronounced upon this man has been carried out legally in every detail, it is my decision that he can not again be hanged for the crime for which he already has paid the penalty.”
“There is one other point which your honor failed to consider,” said Guisseppi’s lawyer. “It is an axiom of law that a man can not, for the same crime, be placed in jeopardy twice. A man can be placed in no greater jeopardy than when, with a hangman’s noose around his neck, he is dropped through the trap-door of a gallows. So, whether Guisseppi was actually dead or whether a faint flicker of life remained, he is forever immune from further punishment for the crime for which he was placed in this great jeopardy.”
“Your point may be well taken,” replied the judge.
“Now, your honor, we come to the Cardello murder charge. It is at the prisoner’s own desire and against my better judgment that I enter a plea of guilty and throw him upon the mercy of the court. There are perhaps some extenuating circumstances. But he is willing to take whatever punishment the court may see fit to inflict. In view of all the circumstances of this extraordinary case, I make a special plea for mercy.”
“I will answer your plea,” returned the judge, “by ordering the case stricken from the docket and the prisoner discharged from custody.”
A murmur of amazement broke the tense hush of the crowded chamber. Guisseppi’s lawyer gasped.
“Am I to understand, your honor—”
“This is not mercy but law,” the judge continued. “This man is legally dead. He is without the pale of all law. A dead man can commit no crime. No provision in the whole range of jurisprudence recognizes the possibility of a dead man’s committing a crime. No man, in the purview of the law, can return from the dead. If we assume that this man was dead, he will remain dead forever in the eyes of the law. If by a miracle he has returned to life and committed murder, there is no punishment within the scope of the statutes that can be decreed against him.
“He is the super-outlaw of all history. Forever beyond the reach of law, the statutes are powerless to deal with him or punish him in any way. If he should shoot down every member of the jury that convicted him, if he should walk into court and kill the judge before whom his case was tried, the law could do nothing to him. He could spend his days as a bandit, robbing, plundering, murdering, and the law could not touch him. Legally he is a ghost, a shadow, an apparition, with no more reality than the beings in a dream. So far as the law is concerned, he does not exist. He can no more be imprisoned, hanged, punished or restricted in his actions than a phantom that exists only in the imagination.”
“A most wonderful construction of the law,” declared Guisseppi’s attorney in happy bewilderment at the turn of events.
“It is less a construction of law as it exists than an admission there is no law applicable to a man legally dead yet actually alive, a man who under the law does not exist. This boy, physically alive but legally dead, has murdered a man with deliberate purpose and malice aforethought. There is no doubt about that. If the law recognized his existence, he should be hanged. Justice demands that he be executed. But he is in some fourth-dimensional legal state beyond the reach of justice. The law is powerless to deal with him. As the administrator of the law, my hands are tied. There is nothing left for me but to set him at liberty.”
Despite the decision of the court that under the law he had no existence, Guisseppi left the chamber smiling and happy, acutely conscious of joyous life in every fibre of his being.
* * * * *
Policeman Rafferty was filled with righteous anger when he learned that he could not collect the $1,000 reward. In answer to his indignant questions, he was told the reward was offered for the arrest of “the person or persons guilty of the murder of Cardello,” and since Guisseppi was neither a person or anything else that the law recognized as existing, he was not guilty of the crime.
Moreover, it was hinted to him that in capturing Guisseppi, he had arrested nobody. In the end, Policeman Rafferty had to laugh in spite of himself.
“The money’s mine, all right,” he said philosophically. “Only I don’t get it.”
_V._
Rosina Stefano sat alone in the little parlor of her home in one of the quaint side-streets of the Italian quarters, picturesque with its jumble of weather-stained frame dwellings and exotic little shops.
It was a chill, dreary night outside. A piping wind made fantastic noises about eaves and gables, and shook the windows as with ghostly hands. A lamp, burning under a blue shade, filled the chamber with eerie shadows. A coal fire was dying to embers in the open grate. There was a knock at the door.
“_Entre!_”
Guisseppi threw open the door and stood upon the threshold smiling.
“Rosina!”
The girl rose from her chair and stared fixedly at him out of frightened eyes. With a quick gesture, as if for protection against some supernatural menace, she made the sign of the cross.
“I have come back to you, Rosina.” Guisseppi took a step toward her and threw open his arms.
Rosina shrank back.
“Do you not still love me?”
Her lips framed a “No” for answer in a terror-stricken whisper.
“Come, my little sweetheart, embrace me.”
“No, no, Guisseppi!” Her voice was a tremulous cry. “You are dead!”
“Dead? Certainly I am not dead. I am alive and well, and I love you just as I always loved you.”
“You are only a ghost.”
“Don’t be foolish, little one. Do I look like a ghost? Me? Come into my arms and see how strong they are. Lay your head on my breast and feel the beating of my heart. And every beat of my heart is for you.”
Rosina stood motionless. There flashed through her mind old grewsome stories of vampires that lured their victims into their power with love traps and sucked their blood. Momentary horror froze her blood.
“O Guisseppi,” she exclaimed, “why have you risen from the dead? Why do you come back to haunt me?”
“Poor girl, do not talk like that. I tell you I am alive—tingling to my finger tips with life and love for you. If I were dead, I should still love you. Death could not kill my love for you. Have you forgotten everything? I thought you loved me. You have often told me so. I believed you would always love me, be true to me forever. Now I find you changed and cold.”
“I did love you, Guisseppi. To the depths of my being I loved you.” Her words came in a passionate torrent in her liquid native tongue. “You were my earth and heaven, my life, my soul’s salvation. All day my thoughts were of you. I dreamed of you at night. There was nothing I would not have done for you. There was nothing I would not have given you. I could have lived for you always. I could have died for you. Did I not come to see you every day in jail? Did I not bring you constantly dishes I had cooked myself with utmost care? Was not I close beside you in the court room every day of the long trial?
“I did everything to soothe and comfort you through all those terrible days. Was it nothing that I remained constant when you were locked in a cell condemned to death? I was true to the very trap-door of the hangman. What greater proof could a woman give of her love than to remain true to a man sentenced as a felon to the eternal disgrace of the gallows?”
She paused for a moment, erect, motionless, her face aflame, seemingly transfigured like the wonder woman of a vision.
“Ah, yes,” she went on; “then there was no one like my Guisseppi; no eyes so bright, no lips so tender, no face so dear. You were my god. Can I ever forget the songs you used to sing to me in the happy days before ‘Devil’ Cardello crossed your life. Your voice was divine. Every note thrilled me. I loved it. To me it was the music of the stars. Nothing in all the world was so beautiful as your voice. But now your voice has changed. There is no longer any music in it. As you speak to me, it seems a voice from the sepulchre.”
Guisseppi raised an arresting hand. He threw back his head. He smiled again.
“My voice has changed? Listen, _cara mia_.”
Slowly he began to sing an old Italian serenade. The ballad told of a knight of old who had bade a lily-white maid farewell and gone off to the wars and who, wounded and left for dead on the battlefield, was nursed back to life and returned to find his lady unchanged in her devotion against rivals and temptations.