human
Your Honor, began the lawyer for the hotel man,
gpt
What have you to say, Mr. Gottlieb?
human
Confession and avoidance, your Honor, replied the attorney, with what appeared to me to be the slightest possible drawing down of his right eyelid.
gpt
Confession and avoidance. We admit the fact, but we deny the imputation of guilt. My client, Mr. Robinson, whose abilities as an actor have no doubt hitherto given your Honor much pleasure, was so careless as to forget the precise amount of his bank account and happened to draw a check for too large an amount. No one was more surprised and horrified at the discovery than he. And his intention is at once to reimburse in full the complainant, whose action in having him arrested seems most extraordinary and reprehensible.
human
Your Honor, interrupted the other lawyer,
gpt
Well, Mr. Gottlieb, remarked the judge,
human
By no means, your Honor, answered Gottlieb.
gpt
The proffering of a check with a request for money thereon is merely asking that the money be advanced on the faith that the bank will honor the demand made upon it. One who cashes a check does so at his own risk. He has a full remedy at civil law, and if the bank refuses to pay no crime has been committed. This is not a case for the penal law.
human
That seems reasonable, said the judge, turning to the other.
gpt
How do you make this out a crime? What false pretence is there in merely inviting another to cash a check?
human
Why, answered the attorney,
gpt
True--true! nodded his Honor.
human
There is something in what you say. What answer can you make to that, Brother Gottlieb?
gpt
I have a hundred good arguments, replied the lawyer in a low tone. Then he added briskly:
human
But the intent, your Honor! There can be no crime without a wrongful intent; and how can there have been any such when my client honestly believed that he had the money in the bank to meet the check?
gpt
But, cried the other,
human
What evidence have you to that effect? queried Gottlieb.
gpt
You say so, to be sure, but I, on the contrary, assert that he was perfectly honest in the matter. Now, there is absolutely nothing in this case to prove that he had any guilty knowledge to the effect that his account was too low to meet the draft in question. You have proven no scienter whatever.
human
Ah! exclaimed the judge.
gpt
That is it! You have shown no scienter!
human
Exactly! cried Gottlieb--
gpt
But how in the world could I have proved a scienter? wrathfully demanded the lawyer.
human
I can't pry open the prisoner's skull and exhibit his evil intent.
gpt
No, but you could have shown that he knew he had only a few dollars in the bank by the fact that he had previously tried to cash a similar check and that it had been returned. In any event, my own mind is clear on the subject. You have shown no scienter. The prisoner is discharged.
human
Oh, thank you, your Honor! God bless your Honor! Thank you, your Honor! I am an innocent man, your Honor!