,a ,,question ,,of ,,identity ,,by ,,frank ,,riley ,what is a ,man8444 ,a paradox indeed--the world's finest minds gathered to defend a punk killer4444 ,transcriber's ,note3 ,this etext was produced from ,worlds of ,if ,science ,fiction1 ,april #aieh4 ,extensive research did not uncover any evidence that the ,u4,s4 copyright on this publication was renewed4 ,every pair of eyes in the hushed courtroom watched ,jake ,emspak walk slowly toward the prospective juror4 ,around the ,earth1 and above it1 too1 from ,south ,africa and ,franz ,joseph ,land to the satellite stations adrift through the black morning1 two hundred million pairs of eyes focussed on the gaunt figure that moved so deliberately across the television screen4 ,in the glass-fronted ,,tv booth1 where the #hj-year-old ,edward ,r4 ,murrow had created something of a stir by his unexpected appearance a few moments earlier1 newsmen stopped talking to let the viewers see and hear for themselves what was happening4 ,jake halted in front of the witness stand1 both hands cupped over the gold head of the cane that had been his trademark1 in and out of court1 for most of a half century4 ,the shaggy mane of white hair1 once as black as the coal in the ,west ,virginia mining country of his birth1 stood out like an incongruous halo above the bone ridges of his face4 ,the jutting nose1 the forward hunch of his body accentuated the impression he always gave of being about to leap on a nervous witness4 ,the magnificent voice1 which could thunder1 rasp1 weep and persuade in all the registers of eloquence1 now phrased his first question with disconcerting softness3 ,what is a man8 ,the prospective juror1 a ,bronx appliance distributor with sagging jowls and perpetual tension lines around his mouth1 started visibly4 ,i--,i beg your pardon8 ,again ,jake ,emspak gently phrased his question3 ,what is a man8 ,the distributor1 who could wake up out of a sound sleep and address a sales meeting of unhappy dealers1 opened his mouth and closed it again4 ,jake waited patiently1 rocking a little on the point of his cane4 ,finally1 the distributor said3 ,i can't answer that--right off4444 ,thank you1 ,jake said mildly4 ,he turned to ,judge ,hayward and nodded his acceptance of the juror4 ,up in the ,,tv booth1 ,murrow smiled to himself and listened to his colleagues chew over the familiar questions3 ,why had ,jake ,emspak1 the million dollar mouthpiece1 taken a cheap case like this away from the ,public ,defender8 ,who would possibly pay him enough to defend a punk like ,tony ,corfino--a bungling hoodlum who had killed two bystanders in a miserable attempt to rob a bank8 ,the ,judge noted acceptance of the juror1 then brusquely recessed court until #aj ,a4,m4 ,monday4 ,the timing was excellent4 ,jake smiled with satisfaction1 and his smile was like the slash of a paring knife across the skin of a dried apple4 ,he walked with ,tony ,corfino and the bailiff as far as the prisoner's gate4 ,don't worry1 ,jake said4 ,tony's eyes were wide and bewildered1 like the eyes of a confused child--or of an old man not quite certain whether he is awake or dreaming4 ,i ain't worried1 ,tony replied4 ,as he walked1 there was the crackling sound of a bone twisting in a stiff joint4 ,from under his shaggy brows1 ,jake studied him carefully1 and was content with what he saw4 ,tony could have been very young1 or very old4 ,undoubtedly he was both1 with a lot of in-between1 ,jake thought suddenly4 ,the tangle of black1 curly hair was the hair of youth4 ,the cameo-smooth skin had the waxed perfection of an expensive doll4 ,but the mouth and lips were still puffy1 sensuous4 ,and the eyes--,jake ,emspak1 for all his knowing1 couldn't be sure about the eyes4 ,silently1 he addressed a memo to himself3 ,check on the eyes4 ,at the prisoners' gate1 ,tony faced him4 ,i ain't worried1 he repeated4 ,it's just--well1 ,i don't see why you're takin' my case--,i can't pay anythin'4444 ,the thin smile slashed again across the wrinkled harshness of ,jake's face4 ,i'll be paid1 he chuckled drily4 ,the ,district ,attorney brought up the same question when ,jake sat in his office two hours later4 ,they had been studying each other across the desk1 thinking of all the years that were gone1 the good years dying with the new quarter of the century4 ,how many times had he sat here just like this1 ,jake wondered4 ,how often had he come into this office to bargain and to deal1 to cajole and plead--and always hovering like a hawk to pounce on any bit of information that could fit his case4 ,now the ,d4,a4 was old1 too4 ,older than ,jake1 if you measured a man's life by the inverse proportion of his distance from the grave4 ,even the limitless possibilities of medical science had about reached their limit with the ,d4,a4 ,he was heavier than ,jake1 and his skin was smoother1 yet somehow it looked much older4 ,i don't get it1 he wheezed1 with the shortness of breath that the latest bronchial replacement had not substantially relieved4 ,i just can't see ,jake ,emspak taking a case without a fee6 ,why1 in the old days1 you wouldn't defend your mother without a cashier's check in advance6 ,jake accepted the taunt without blinking4 ,i'm touched by this solicitude for my fees1 he retorted4 ,tony ,corfino's guilty1 said the ,d4,a41 moving up another pawn in the never-ending chess game between them4 ,he's a punk1 and he's guilty4 ,you know that1 don't you1 ,jake8 ,do ,i8 ,you know it--and damn well6 ,i've got six witnesses who saw ,tony walk into the bank with that sawed-off shotgun6 ,i've got four more who saw him get panicky and start spraying lead6 ,and there are a dozen others who helped load him on a stretcher after his getaway car went over the curve on the ,parkway6444 ,hell1 ,jake1 this is a two-bit case4 ,why are you taking it away from the ,public ,defender8 ,now1 ,emmett1 ,jake mocked1 you know it's not ethical for me to discuss my client's case4 ,to hell with your client6 ,the ,d4,a4 breathed deeply for a moment1 then pressed ahead3 ,i don't care about that punk--,i'm talking about you1 ,jake4 ,what's this case mean to you8 ,the chuckle started again1 then died in ,jake's throat4 ,it means a lot1 ,emmett1 he answered soberly4 ,for one thing1 it's my last case4444 ,what8 ,the ,d4,a4 looked stunned4 ,jake nodded4 ,i've been around the circle enough times for any man1 ,emmett4 ,both of them absorbed this thought in silence1 and the long years walked between them4 ,the ,d4,a4's lips set1 and the steel of his jaw showed beneath the soft folds of his skin4 ,i guess it'll have to be my last case1 too1 ,jake1 he said quietly4 ,then he banged his fist on the desk4 ,but what a helluva case6 ,what a helluva two-bit case6 ,we've had some good ones1 ,jake--,i've got the scars of them all over me6 ,but why do we have to go out on something as cheap as this8 ,jake ,emspak stood up1 all six feet of him1 and he brushed back his long white hair with a gesture that was fierce and strong4 ,it's not a cheap case1 ,emmett6 ,it's big--bigger than any case we've ever fought out6 99 99 99 99 99 ,the reporters were waiting for ,jake outside the ,d4,a4's office4 ,is it true you're retiring1 ,jake8 ,this is my last case4 ,why are you representing ,tony ,corfino8 ,you couldn't keep me out of a case as big as this4 ,can you tell us why it's so big8 ,i can1 but ,i won't4 ,not until ,i get before the jury4 ,is robbing a bank and shooting two people so important8 ,not particularly4 ,what else did he do1 then8 ,nothing that ,i know of4 ,jake1 this isn't some kind of a joke1 is it8 ,it's the most serious case ,i've ever handled4 ,mr4 ,emspak1 it was reported that you received #ajj1jjj from your last client4 ,are you being paid for defending ,tony ,corfino8 ,i never discuss my fees4 ,would you object to a televised interview with ,tony8 ,certainly not4 ,how about tomorrow morning8 ,the reporters left1 baffled and intrigued4 ,that night1 ,jake ,emspak sat alone in his apartment high over ,central ,park ,west1 chuckling with satisfaction as he read the headlines in the first editions3 ,,famed ,,criminal ,,lawyer ,,in ,,mystery ,,case ,the other headlines were substantially the same4 ,jake grinned4 ,things were working out fine1 just fine4 ,publicity was a wonderful tool1 if a lawyer knew when to use it1 and how4 ,he showed one of the headlines to his wife1 whose picture was in a mellow gold frame on the stand beside his window chair4 ,marge had been dead since '#fg1 but he still found it a quiet comfort to share things with her4 ,she didn't have to answer1 because words weren't necessary after you'd lived and loved with a woman for forty-three years4 ,his thin smile became warmer as he turned toward her4 ,mystery case6 he chortled4 ,mystery6 ,the only mystery is why someone hasn't tried a case like this before6 ,he paused1 looked across the park at the spangle of lights1 and added softly3 ,but ,i'm glad no one did4 ,ed ,murrow called just before ,jake went to bed4 ,sorry you got into this8 ,murrow asked4 ,you know better than that1 ,ed4 ,i'm deeply grateful to you for tipping me off on this case4 ,well1 don't forget to tip me off1 too1 ,jake6 ,i'm not too old to appreciate a scoop now and then6 ,don't worry1 ,ed4444 ,next morning1 ,jake was rested and ready to meet the challenge of ,tony ,corfino's ,,tv interview4 ,he knew there was a danger ,tony might say too much1 but it was a calculated risk that had to be taken4 ,the case needed build-up1 plenty of build-up4 ,the interview took place in the open square between the towering cell-blocks of ,manhattan's new jail4 ,when ,jake and ,tony came out1 the ,,tv cameramen and reporters had already taken their places4 ,the city's crack newspapermen were seated on folding chairs in front of the cameras1 along with two men from the ,district ,attorney's office who self-consciously tried to look like members of the working press4 ,jake sat down beside ,tony and hunched forward watchfully over the gold head of his cane4 ,bert ,brown of the ,tribune1 whose pipelines into the ,d4,a4's office had brought him many an exclusive1 shot out the first question4 ,it came with a whiplash crack3 ,tony1 are you paying ,mr4 ,emspak to represent you8 ,tony looked uncertainly toward ,jake1 and when the old lawyer didn't answer1 ,tony said quietly3 ,no--,i'm not4 ,is the ,syndicate paying ,mr4 ,emspak8 ,i don't know why they should--,i never got into the ,syndicate4 ,tony's answer was expressionless1 yet his voice had a strangely subdued quality for a ,tenth ,avenue kid who had grown up fighting for crumbs from the tables of underworld kingpins4 ,cassidy of the ,times interjected3 ,do you know who is paying ,mr4 ,emspak to represent you8 ,nope4 ,now the sun broke through the morning overcast and gleamed on the polished perfection of ,tony's waxlike skin4 ,a woman reporter from the ,mirror asked in an abrupt1 mannish voice3 ,tony--what happened to your face8 ,the ,doc says it's some new kind of plastic surgery4 ,i got burned in that accident4444 ,when you were driving away from the bank8 ,bert ,brown snapped out4 ,yeah4 ,brown grinned in triumph4 ,it had been a neat double play4 ,the two investigators from the ,d4,a4's office scribbled furiously4 ,jake ,emspak continued to stare into the ,,tv cameras without blinking4 ,from the back row1 a ,daily ,news man boomed out3 ,then you admit the shootings1 ,tony8 ,jake lifted one finger from the gold head of his cane4 ,it was a small gesture1 but it silenced ,tony's answer and immediately commanded the attention of everyone present4 ,my client1 rasped ,jake1 neither denies nor admits any connection with the crimes for which he is being tried4 ,bert ,brown grinned sardonically at him4 ,do you expect to win this case1 ,mr4 ,emspak8 ,we'll win it1 ,jake answered1 in a voice so cold and certain and hard that the reporters involuntarily joined the ,,tv audience in a collective gasp4 ,jake stood up and motioned to the deputies4 ,it was time to end the interview4 ,precisely the right time4 ,the reporters left without further questions4 ,they knew from long experience when ,jake ,emspak would and would not talk4 ,by that evening1 speculation--without the ballast of facts--was soaring to dizzy heights4 ,even the communist angle came in for its share of limelight4 ,was ,tony ,corfino somehow of value to the resurgent ,red underground8 ,could ,jake ,emspak's fee be traced back to ,peiping1 new headquarters for the ,comintern8 ,but not even the most skilled commentator could adequately sustain innuendo on innuendo alone4 ,not by the grossest distortion of facts could any ,communist connection be twisted out of ,tony's record of juvenile delinquency1 pimping1 pick-pocketing1 petty thievery1 dope peddling1 armed robbery1 and--since the grain and sugar restrictions of '#gj--;bootlegging4 ,but one of the more perceptive reporters had noted ,tony's strangely quiet manner of speaking4 ,inquiries at the jail disclosed that ,tony had apparently developed an interest in reading4 ,here1 indeed1 was a fresh angle6 ,by mid-afternoon1 ,gentleman ,tony had been conceived and given birth4 ,his sordid record was reinterpreted in a picaresque light1 and he became something of a ,tenth ,avenue ,robin ,hood4 ,a nation squeezed between the twin problems of mounting population and tighter food rationing took ,gentleman ,tony to its fancy4 ,it was like a case of #bd-;hour flu4 ,in the midst of all this1 as ,jake ,emspak sat in his office ,sunday morning1 behind a mound of microfilmed court records dating back to the mid-fifties1 he received a more serious-minded interviewer4 ,the visitor was ,john ,o4 ,callihan1 well-publicized sportsman1 art connoisseur1 world traveler and ,no4 #a man in the ,syndicate4 ,his mistresses1 and a few old friends like ,jake ,emspak1 called him ,johnno4 ,greetings1 ,jake1 he said1 easing his athletic1 tastefully dressed frame into the chair in front of ,jake's desk4 ,hello1 ,johnno1 ,jake rasped4 ,i'm busy4 ,i know4 ,that's why ,i came4 ,i can't talk about this case1 ,johnno4 ,i'm not asking you to4 ,johnno lit a long1 pencil-thin cigarette1 and continued reflectively3 ,jake1 ,i've given you some big cases1 paid you well--and always let you handle them clean1 in your own way4 ,right8 ,right enough4 ,this is the first time ,i've ever come for a favor1 ,jake4 ,yeah8 ,who's paying for ,tony ,corfino8 ,nobody you have to worry about1 ,johnno4 ,no other ,syndicate--or anything like that8 ,jake shook his head1 and his caller stood up4 ,thanks1 ,jake4 ,now1 will you get the hell out of here6 ,sure1 ,jake--give my love to ,marge4 ,jake lowered his head to hide the mist in his eyes4 ,johnno had sent a simple corsage of blue violets to ,marge's funeral4 ,and he sent one every year1 on the anniversary of her death4 ,jake went back to ,gould v4 ,gould1 #bdc ,app4 ,div4 #ehi1 and stayed with it until nearly six o'clock1 when he turned wearily to ,people v4 ,gibbs4 ,this looked like an interminable case1 even on microfilm4 ,his eyes were strained from staring at the viewer screen1 and his big hand was stiff from spinning the reel crank4 ,he opened his fingers1 and the knuckles cracked4 ,jake stared disgustedly at them4 ,you could take a boy out of the coal mines1 but not the coal mines out of the boy4 ,his hand was too big for such a small crank4 ,someday1 he'd have to buy an automatic viewer1 or even one of those electronic brains they demonstrated at the last ,bar ,association meeting4 ,but then1 he wouldn't need anything after this case4 ,and besides1 he didn't trust such impersonal help4 ,leibowitz had taught him a good lawyer should do his own preparation4 ,leibowitz6 ,the ,vera ,stretz case4444 ,that was forty years ago6 ,jake shook his head to chase away the memories1 and started ,people v4 ,gibbs1 patiently searching for points of law to help him prove that a punk named ,tony ,corfino4444 99 99 99 99 99 ,when court reconvened on ,monday morning1 the weekend's publicity showed its results4 ,a bailiff whispered to ,jake that people had been waiting for the doors to open since five ,a4,m4 ,thousands had gone home disappointed4 ,the fortunate who did get seats filled the courtroom with babble and shrillness as they waited impatiently for something to happen4 ,a new note of excitement sounded when ,tony ,corfino walked in beside a ,sheriff's ,deputy4 ,jake had insisted that ,tony be carefully groomed and dressed each morning before coming into court1 and the women among the spectators buzzed with appreciation4 ,promptly at ten1 ,judge ,hayward stepped out of his chambers and looked1 gimlet-eyed1 over the courtroom4 ,the hubub quieted1 then faded to stillness4 ,jake was glad to have ,judge ,hayward on this case4 ,at forty-seven1 he was the youngest ,superior ,court judge and least wedded to precedent4 ,he was impatient with legal sleight-of-hand1 painstakingly insistent on a structure of evidence4 ,any mule can kick a barn down2 it takes a good carpenter to build one1 he had once told ,jake4 ,selection of the jury proceeded at a creeping pace1 which court reporters had come to expect with both the ,d4,a4 and ,jake ,emspak in the same courtroom4 ,in their last clash1 they had meticulously examined one hundred and fifty jurors before accepting twelve4 ,but this time1 the ,district ,attorney was responsible for most of the delay4 ,not knowing why ,jake had taken the case1 the ,d4,a4 proceeded nervously and cautiously in questioning each juror3 ,what is your feeling about capital punishment8 ,would you credit the testimony of an eye witness8 ,do you believe that a criminal must be punished as decreed by law8 ,jake's questions were fewer1 and less orthodox4 ,sometimes he asked3 ,what is your attitude toward science8 ,or1 again3 ,are you a religious man8 ,but most frequently he came without preamble to what seemed to be the key to his case3 ,what is a man8 ,and while this went on in the courtroom1 ,jake continued his tireless preparations4 ,research1 subpoenas1 talking to witnesses1 taking depositions1 then more research and more subpoenas4 ,bound the case on the east1 the north1 the south and the west4 ,lincoln had said that4 ,jake's stomach rebelled1 and he took to eating a bowl of baby cereal before going to bed in an effort to still its growling and grumbling4 ,those who knew how hard he worked continued to ask3 ,where's the money coming from8 ,why is this important anyway8 ,whenever speculation started to sag1 ,jake shrewdly needled it by leaking a fact here1 a rumor there4 ,from ,los ,angeles1 the ebullient old television commentator1 ,george ,putnam1 still indefatigable in his late sixties1 reported that a noted brain surgeon had been subpoenaed to testify at the ,corfino trial4 ,in ,new ,york1 ,ed ,murrow asked the probing1 provocative question3 ,why has ,jake ,emspak personally invited one of our great religious philosophers to appear as a defense witness8 ,i suggest1 hinted ,murrow1 that you won't find the gold in this case by panning the mainstream4 ,or1 as ,plato said4444 ,the ,d4,a4 and his deputies sat up half the night studying an air-check of the ,murrow broadcast4 ,by the close of the fourth day1 selection of the jury had been completed and the trial was ready to begin4 ,that evening1 ,jake worked on his notes until ten o'clock1 and then went out for his customary walk through the memories and quiet of ,central ,park4 ,as he paused at a crosswalk to watch a satellite platform sweep like a new planet across the sky1 a long1 black car drifted silently to a stop beside him4 ,the door swung open1 and the ,district ,attorney's tired voice said1 ,get in1 ,jake4 ,jake got in1 and neither of them spoke for awhile4 ,couldn't sleep1 the ,d4,a4 said finally4 ,can't even sleep with them damn pills anymore4 ,jake didn't say anything4 ,he stared at the back of the chauffeur in front of them4 ,what could you say when an old friend was wearing out8 ,look1 ,jake1 the ,d4,a4 continued1 do you really mean this is your last case8 ,you know ,i do4 ,then1 how about a deal--,you cop a plea1 and ,tony gets off with life4444 ,why1 ,emmett8 ,i don't want to see you wind up this way1 ,jake--losing a penny-ante case like this6 ,you know how ,i feel about this case4 ,no deal1 then8 ,no deal4 ,the ,d4,a4 wheezed angrily3 ,then ,i'm going to whip you1 ,jake--and that punk's going to burn6 ,jake didn't answer1 and they drove slowly along the endless1 winding roads of ,central ,park4 ,the tires of the great car murmured over the pavement like a boat in the ripples of a lake1 and the silent motor gave them a sensation of floating through the night4 99 99 99 99 99 ,anger still fired the ,d4,a4's voice when he made his opening address to the jury4 ,his final words were brutally to the point3 ,we've all heard rumors about what the defense may or may not attempt to prove in this trial1 but let us not forget that in the law of our land there is no place for medical quacks1 parole panderers or all the bleeding hearts who drip sympathy for a killer like ,tony ,corfino6 ,the chair is the only thing he and others like him will ever understand6 ,the courtroom stilled to breathlessness as ,jake ,emspak stepped forward to deliver his own opening remarks4 ,he moved1 then paused1 with a great dramatist's sense of timing4 ,ghosts of a thousand courtrooms and fifty years of practice moved and paused with him4 ,impeccably dressed1 his long silver hair artfully disheveled1 he folded his blue-veined hands over the gold head of his cane and swayed for a moment in silence1 thoughtfully contemplating the jurors4 ,when he spoke1 his voice had a quality of remoteness that was peculiarly compelling3 ,i would like1 he began1 to quote from a ,supreme ,court ,justice who died before some of you were born4 ,it was ,benjamin ,cardoza who said--',law in its deepest aspects is one with the humanities and with all the things by which humanity is uplifted and inspired4 ,law is not a cadaver1 but a spirit2 not a finality1 but a process of becoming2 not a clog in the fullness of life1 but an outlet and a means thereto2 not a game but a sacrament'4444 ,he waited fully a half-minute before continuing1 and not a person in the courtroom stirred4 ,the defense1 ,jake went on quietly1 will rest its case on two major points3 ,first1 we will prove that the law has not kept pace with the progress of science and the forward march of human thought4 ,second 444 here ,jake paused again1 while he looked slowly from the jurors1 to the judge and finally to the ,district ,attorney4 ,second1 he continued1 with a ghost of a smile on his thin lips1 we will prove that ,tony ,corfino is not ,tony ,corfino6 ,jake stood for a moment in silence4 ,then1 with a slight1 almost curt nod of his head1 he turned away and walked back to his seat beside ,tony ,corfino4 ,tony stared at him wordlessly1 with a look in his eyes that ,jake had not yet fathomed4 ,the courtroom exploded into bedlam4 ,judge ,hayward gaveled peremptorily for silence1 and motioned to the ,district ,attorney to begin presentation of the ,people's case4 ,if the ,d4,a4 was puzzled by ,jake's opening remarks1 he gave no sign of it4 ,his marshalling of the evidence was grimly efficient4 ,there was a quality of the inexorable about the way he moved up his witnesses one by one4 ,it was like the maneuvering of a skilled boxer who seeks to take his opponent out1 not with one punch1 but with a carefully executed combination of punches4 ,tony ,corfino was not ,tony ,corfino8 ,the ,d4,a4 smiled sardonically as he pointed to the pale defendant and asked the witness to identify him4 ,and is this the man who entered the bank on the morning of last ,october #ag8 ,yes1 it is1 replied the nervous1 overly plump young woman4 ,were you in a position to observe him closely at all times8 ,yes4 ,where were you8 ,in--in the ,note ,window 444 right next to where he--he came up and pointed his gun4 ,thank you4 ,with elaborate courtesy1 the ,d4,a4 turned to ,jake3 ,does the distinguished defense counsel desire to cross-examine this witness8 ,jake nodded gravely1 and advanced toward the witness stand4 ,the young woman watched him apprehensively4 ,in the ,,tv booth1 the regular court reporters leaned forward with anticipation4 ,many a time had they seen ,jake ,emspak take the most positive witness and reduce him to a quivering1 stuttering symbol of uncertainty4 ,show me an eye witness1 ,jake had once observed1 and ,i'll show you a liar4 ,now1 as ,jake began1 there was a note of friendliness in his voice3 ,you say this is the man who entered the bank on the morning of last ,october #ag8 ,yes--yes1 sir4444 ,it is6 ,jake nodded understandingly4 ,suppose1 he continued1 we look at it another way for a moment3 ,is the man who entered the bank on the morning of last ,october #ag the same man who now appears as defendant in this trial8 ,the young woman bit her lip1 smearing some of the lipstick on her large front teeth4 ,she hesitated1 thinking through the question1 then nodded firmly4 ,yes--of course6 ,how do you know8 ,why--he--he looks the same6 ,exactly the same8 ,i suggest you look him over carefully before you answer4 ,the young woman stared at ,tony1 then dropped her eyes in confusion4 ,exactly the same8 ,jake pressed4 ,well 444 ,i'm 444 ,i'm not sure4444 ,jake teetered on the point of his cane1 thoughtfully contemplating the now flustered witness4 ,then1 unexpectedly1 he turned to ,judge ,hayward and said1 ,no further questions1 your ,honor4 ,the ,d4,a4 blinked in surprise4 ,it was not like ,jake to stop once he had a witness in full retreat4 ,the court reporters looked at each other disappointedly4 ,maybe the old man should retire6 ,jake continued to treat prosecution witnesses with similar restraint4 ,he would lead them up to the brink of uncertainty1 then leave them there4 ,as a result1 the ,district ,attorney was able to complete presentation of his case by the middle of the second morning4 ,the ,people rest1 he announced1 with grim satisfaction4 99 99 99 99 99 ,jake ,emspak's first defense witness was a youthful looking man of about forty who quickly identified himself as a well-known authority on fingerprints1 an expert who had many times been called to assist the police in major criminal cases4 ,is it not true1 ,jake began1 that in the tradition of modern law1 fingerprints are regarded as the most positive method of identification8 ,that is correct4 ,from a mass of data on his desk1 ,jake extracted a single sheet of photostatic copy and handed it to ,judge ,hayward4 ,i have here1 he said1 a certified copy of one ,tony ,corfino's fingerprints--taken at the time of his arrest and conviction five years ago on a charge of ,grand ,theft1 ,auto4444 ,the ,judge accepted the photostat and handed it to the clerk for entry into the record4 ,jake then retrieved it1 and gave it to his witness4 ,now1 ,sir1 he went on1 will you please take the defendant's fingerprints and compare them to this photostatic copy4 ,the jurors craned forward curiously as the fingerprint expert opened his kit and went methodically about the business of fingerprinting ,tony ,corfino4 ,when he had finished1 and returned to the witness stand with the new prints1 ,jake ,emspak demanded3 ,is there any similarity between those fingerprints and the fingerprints of one ,tony ,corfino8 ,the expert looked from one set of prints to the other1 and quickly replied3 ,there can be absolutely no doubt about it--these are not the same prints4 ,red-faced with anger1 the ,district ,attorney heaved himself to his feet and strode toward the bench4 ,objection1 your ,honor6 he stormed4 ,this is the most outrageous deception ,i have ever witnessed in a courtroom4 ,frankly1 ,i am astounded that opposing counsel would stoop to such tactics6 ,judge ,hayward's voice had the bite of steel drill as he directed3 ,will you please explain to the ,court exactly what you mean8 ,it's a matter of record1 the ,d4,a4 snapped1 that the defendant was seriously injured in the accident that resulted in his capture4 ,massive burns were part of his injuries4444 ,bone and skin grafts were necessary to repair the damage to his hands--as well as to other parts of his body4 ,naturally1 his fingerprints would be different6 ,the ,defense ,counsel knows that6 ,jake smiled1 and replied mildly3 ,of course the ,defense ,counsel knows that1 and will certainly make the full extent of the defendant's injuries a part of the trial record4 ,however1 ,i have called this particular witness to show that ,tony ,corfino cannot be identified as ,tony ,corfino by what is still regarded as the most infallible method of criminal identification4 ,your ,honor1 retorted the ,d4,a41 ,this so-called testimony is totally irrelevant and immaterial4 ,i request that it be stricken from the record6 ,it is most relevant to our case1 ,jake shot back4 ,furthermore1 the ,defense will prove that ,tony ,corfino cannot be identified as ,tony ,corfino by any known method of criminal identification6 ,judge ,hayward's eyes narrowed speculatively4 ,he thought the matter over for a moment before stating1 with unconcealed interest3 ,this may well be a legal situation without precedent4 ,the ,court will withhold ruling on the objection for the time being4 ,the next defense witness was a specialist on agglutination of the blood4 ,agglutination1 he explained1 adjusting his glasses pedantically1 is a biological reaction consisting of the mutual adhesion of the red corpuscles4 ,it is also a method of establishing individualization of blood4 ,i see1 said ,jake4 ,now1 tell us--how has this method been used to establish identification in a criminal case8 ,it is sometimes used where the victim's blood leaves stains on the murderer's clothing--as well as the victim's own clothing4 ,if both blood stains produce the same biological reaction1 the murderer is either guilty--or has a great deal of explaining to do6 ,jake meticulously selected another exhibit from the material on his desk4 ,will you identify this1 please8 ,it is a piece of cotton stained with the blood of this--this defendant4 ,when was it stained8 ,in the test ,i made last week4 ,did you compare it with the stains on garments worn by a certain ,tony ,corfino at the time of his accident8 ,i did4 ,what did you find8 ,the two samples were entirely different8 ,could we assume1 then1 that the blood of a man known as ,tony ,corfino does not flow through the veins of this defendant1 who also bears the name of ,tony ,corfino8 ,the witness rubbed his hand thoughtfully over the high1 polished dome of his forehead4 ,you could put it that way1 he conceded4 ,with the skill of a symphony conductor calling upon the diverse instruments under his baton1 ,jake ,emspak continued to bring forward a bewildering variety of witnesses to prove that in the identifiable details of his physiology1 ,tony ,corfino indeed was not ,tony ,corfino4 ,the ,d4,a4 watched in furious silence4 ,once1 when ,jake passed near him1 he muttered3 ,this is contemptible6 ,imperturbably1 ,jake turned back to the witness stand1 where a radiographer from ,scripps ,institute was taking the oath4 ,patiently1 he led the witness through a description of how the radiographies of the nasal accessory sinuses and mastoid processes could be used to establish the identity of an individual4 ,jake then produced medical records from a juvenile correctional institution in eastern ,pennsylvania1 where ,tony ,corfino had sojourned during his seventeenth year4 ,comparison with recent hospital records showed a striking difference between the two radiographies4 ,the opthalmologic method of ,capdevielle was next explored by ,jake to show that the eyes of ,tony ,corfino were not the eyes of ,tony ,corfino4 ,the technique of ,tamassia and ,ameuille was employed to prove the same point about ,tony's veins4 ,the umbilicial method of ,bert and ,vianny intrigued the courtroom and ,,tv audience with structural dissimilarities of ,tony's navel4 ,by means of projection on a large screen1 ,jake demonstrated to the jurors and ,judge ,hayward that ,tony ,corfino1 defendant1 had an entirely different electrocardiagram from the ,tony ,corfino whose crushed body had been pulled1 more dead than alive1 from the wreckage of a burning automobile4 ,late that afternoon1 ,ed ,murrow commented to his news audience in the cadence that had been his trademark for more than forty years3 ,we know not yet where this trial is taking us1 though ,jake ,emspak is beginning to show the direction4 ,perhaps1 we1 too1 could ask ourselves the question3 ,what is a man8 ,less philosophically1 a space-weary young captain1 sending in his nightly report from the satellite station1 ,vanguard ,,vi1 queried3 ,if this ,tony ,corfino isn't ,tony ,corfino1 who or what in the hell is he8 99 99 99 99 99 ,part of the answer to this question was on display the next morning when the jury filed into ,judge ,hayward's courtroom4 ,before them1 and angled toward the ,,tv cameras1 was a chart nearly eight feet tall4 ,it showed1 in outline1 the figure of a man4 ,the figure was covered with small black dots1 each bearing a white number4 ,in all1 there was seventy-two dots4 ,as soon as court was in session1 ,jake called a short1 squarely-built man of about fifty to the stand4 ,there was a bulldog set to his jaw and mouth4 ,he identified himself as ,dr4 ,theodore ,clendenning1 ,chief of ,staff at ,city ,hospital4 ,dr4 ,clendenning1 said ,jake1 ,i assume you are familiar with the medical and surgical care received by the defendant at your hospital8 ,quite familiar1 the doctor retorted1 impatiently4 ,then1 may ,i direct your attention to this chart4 ,it indicates areas in which artificial parts were used to replace the damaged or destroyed natural parts of a certain ,tony ,corfino's body4 ,will you name them1 please1 as ,i point them out with my cane4 ,tapping the chart like a school-teacher signalling for the attention of his pupils1 ,jake ,emspak started at the outline of the head4 ,vitallium skull plate1 snapped ,dr4 ,clendenning4 ,jake's cane touched the nose4 ,vitallium nose plate4 ,swiftly1 the tip of the cane moved around the outline of the body1 pausing only long enough for the doctor to name each part3 ,plastic tear duct 444 vitallium jaw bone and implanted dentures 444 paraffin and plastic sponge to fill chest after removal of lung 444 plastic esophagus 444 tantalum breast plate 444 tantalum mesh to patch chest wall 444 vitallium shoulder socket rim and shoulder joint bone 444 vitallium elbow joint1 radius bone1 ulna bone1 wrist bone1 finger joint 444 spinal fusion plate 444 vitallium blood vessel tubes4 ,jake put down his cane1 and turned conversationally toward the doctor4 ,dr4 ,clendenning1 is it true that this ,tony ,corfino's reproductive organs were destroyed in the accident8 ,virtually so4 ,and is it not also true that the defendant in this case is now capable of becoming a parent8 ,dr4 ,clendenning glanced at his watch and sighed4 ,what you are referring to1 he answered1 has been rather elementary surgery for the past ten years4 ,but the children of ,tony ,corfino would not then be the children of ,tony ,corfino8 ,dr4 ,clendenning looked toward ,judge ,hayward with a pained expression4 ,receiving no sign of any kind from the ,judge1 he turned back to ,jake ,emspak4 ,i have given you the medical data1 he said angrily4 ,you can draw your own conclusions4 ,jake nodded1 and replied with emphasis3 ,i am sure this ,court and the ,jury will do just that4 ,he studied the chart for a moment1 then tapped the outline figure in the area of the eyes4 ,tell us1 ,dr4 ,clendenning1 what did your staff do about ,tony ,corfino's eyes8 ,i understand the flames had reached them4 ,cornea transplants were necessary4 ,and where did you obtain the corneas8 ,mr4 ,emspak--,i'm sure you know that most people nowadays will their eyes to the ,cornea ,bank6 ,can you tell us anything about the corneas that were transplanted in ,tony ,corfino's eyes8 ,from what type a person did they come8 ,i'd rather not answer that8 ,jake turned to the ,judge4 ,your ,honor1 unless there is a legal reason why the good doctor should not answer1 ,i ask the ,court to direct that he do so4 ,judge ,hayward hesitated1 then directed the witness to answer4 ,they came from the eyes of a priest1 growled the doctor4 ,jake ,emspak raised his cane to the chart once again1 then apparently changed his mind and lowered it4 ,dr4 ,clendenning1 he asked quietly1 am ,i correct in believing that the construction of parts for the human body is now an important industry8 ,that's right1 the doctor said grudgingly4 ,it's grown tremendously in the past twenty years--from a #afj-million-a-year business in #aieg to nearly a billion today4444 ,one further question1 if you please1 ,doctor1 said ,jake4 ,what is your definition of a man8 ,the doctor thought for a moment1 and smiled coldly4 ,i'm afraid it would not assist your case1 he replied4 ,we are only looking for some basic truths4 ,dr4 ,clendenning bunched his square shoulders and leaned forward aggressively4 ,i can think of no better definition1 he snapped1 than one given by a distinguished physician in the earlier years of this century4 ,he defined the human body as an animal organism1 differing in only a few respects from other animal organisms1 and fitted for the performance of two main functions3 ,the conversion of food and air into energy and tissue2 and the reproduction of other individuals of its species6 ,so coldly1 with such an air of finality did he speak1 that his words brought an audible gasp from two women in the jury box4 ,jake ,emspak remained impassive4 ,and this is all you see in a man8 he prodded gently4 ,the doctor's jaw set stubbornly4 ,as a philosopher1 he retorted1 ,i may engage in some speculation in the company of ,plato1 ,schopenhauer or the ,archbishop of ,canterbury1 but my speculations would themselves be based upon speculations and not upon any scientific data resembling observed facts6 ,then1 from your point of view1 the defendant in this courtroom is not the ,tony ,corfino--the same man--whose broken body was brought into your hospital eight months ago8 ,obviously not4 ,thank you1 ,doctor4 ,jake walked slowly from the witness stand to the jury box1 and then back to the bench4 ,perhaps1 he said softly1 a ten-minute recess would be in order4444 ,judge ,hayward drew a long breath1 exhaled and nodded4 ,with the sound of his gavel1 tension ran out of the courtroom like water from a punctured barrel4 99 99 99 99 99 ,when court reconvened1 ,jake began bringing to the witness stand a parade of educators1 religious leaders and philosophers who kept the courtroom alternately fascinated and bewildered for the next two days4 ,they came from ,london1 ,rome1 ,johannesburg1 ,philadelphia1 ,tokyo and ,chicago4 ,they came from every oasis of learning where men could still find profit in thought1 without relating the profit to the cash register or the thought of technology4 ,they spoke in words and symbols that sometimes soared beyond space itself1 and left the world's ,,tv audience groping for stability in earthbound cliches4 ,the paradox was incredible3 ,all this thinking1 all this culture--all of everything brought into a courtroom to defend a bush-league hoodlum4 ,reporters ceased to ask who was paying for this display2 they simply marveled at the pyrotechnics4 ,through it all1 ,jake ,emspak moved deftly1 surely1 extracting from each witness the pure essence of relevant thought3 ,man is a creature destined to live in two worlds4 ,he is surrounded first by the realities of this world--and he is called to live with eternal realities that transcend this world4444 ,the human person is a body1 and therefore subject to the laws of matter1 to spatiality1 temporality and opacity4 ,as such1 he is a meeting place for passing forces1 a crossroads of contacts and reactions4 ,but the human person is also a spirit1 that is to say a reality that transcends apparent reality4 ,there is within him the wakened or nascent ability to comprehend space and surpass time4444 ,the human self is an object1 of a sort--and1 as such1 can be described as the empiricists have described us4 ,but the human self is also1 and more essentially1 a subject1 which never appears to the view of others or even to the most determined introspection4 ,the self as object is finite1 but the self as subject touches the infinite2 it is the meeting place of time and eternity1 of man and ,god4444 ,for all its advances1 the #bjth century is still a child of the #aith1 when the impact of the developing sciences of physics and biology produced a change in the concept of nature and ,man's place in it4 ,from ,malthus and ,darwin1 ,spencer and ,feuerbach1 ,vogt1 ,buchner1 ,czolbe and ,haeckel evolved a reductive naturalism in which the spiritual quality of man is ruled out and he becomes a unique emergent of a blind natural process--a creature who must make of nature what he can4444 ,the next five million years of evolution will be in the human brain1 where ,man must ultimately be defined4 ,until ,man appeared1 evolution strove only to produce an organ1 the brain1 in a body capable of protecting it1 and carrying out its will4 ,the ancestors of ,man were irresponsible actors playing parts in a play they did not understand4 ,man continues to play his part but wants to understand the play4444 ,man is a blending of the rational and intuitive processes4 ,ethical conclusions reached by logical thinking were attained several thousand years ago by the religions1 which proves that man's rational processes are strangely slower than his intuitive processes4444 ,jurors shifted impatiently in their seats1 yet their attention would inexorably be drawn back to the witness stand4 ,courtroom spectators1 who had come to be titillated by the sensational1 stayed to grope with concepts they could not understand4 ,the ,,tv audience1 spoon-fed for so many decades1 tried doggedly to chew and digest adult foodstuffs4 ,sets were turned off in anger or despair--and then turned back on again4 ,what is a man8 ,the pivotal nature of this question became steadily more evident4 ,if ,tony ,corfino was not ,tony ,corfino1 was he then not more of the real personality1 the human entity1 than the original ,tony had ever been4 ,in restoring the damaged areas of the brain1 a surgeon testified under ,jake's skillful prodding1 we thought it wise to perform a lobotomy at the same time1 thereby relieving anti-social tensions and pressures4 7,the body is at once a means of expression for the soul1 and a veil2 it reveals and it hides44447 ,during the convalescent period1 a consulting specialist informed the courtroom1 we recommended treatment with sodium dilantin and electroshock therapy1 thereby producing a change in this patient's electroencephalograph4 7,the body presents all the problems of matter3 ,it is a limitation1 a weight1 a force4 ,it seems almost a miracle when it is overcome1 penetrated and ordered by thought and spirit44447 ,subsequently1 the psychiatrist stated1 this patient underwent extensive therapy1 aided frequently by hypnosis and sodium pentathol4 ,his respiratory1 vascular and circulatory systems began to show increasing stability4 7,released from its warped framework1 brought into balance with instincts inherited from our animal ancestors1 the body becomes1 in a way1 an image of the soul1 a sign conveying something of our personal mystery44447 ,and then ,jake called the hospital ,administrator to the stand4 ,speaking with great deliberation1 so that each word registered1 ,jake asked3 ,is this type of medical care ordinarily given to a prisoner-patient8 ,the type of care depends upon the case1 ,mr4 ,emspak4 ,in a case such as this1 ,i would regard the treatment as routine4 ,you see1 in the past decade our approach to any patient has become one of total therapy4444 ,and in the case of a prisoner1 what do you do when the therapy is completed8 ,the ,administrator looked surprised4 ,why1 we return him to jail--in accordance with the law4 ,jake ,emspak stood in silence1 contemplatively staring down at the blue veins on the back of his hands4 ,at length1 he announced3 ,your ,honor1 the ,defense will conclude tomorrow morning1 after one more witness--a man who goes by the name of ,tony ,corfino4444 99 99 99 99 99 ,the sweat on the pale1 polished skin of ,tony's forehead stood out like drops of summer rain2 they seemed to have fallen there rather than seeped out through the pores4 ,a polygraph lie detector had been set up under ,jake's direction and wheeled close to the witness stand4 ,a technician opened the front of ,tony's shirt and made fast the pneumograph tube with the aid of a beaded chain4 ,next1 a blood-pressure cuff1 of the type used by physicians1 was fasted around ,tony's right arm4 ,a set of electrodes was attached to the palmar and dorsal surfaces of the hand of the other arm4 ,the recorder showing the graph lines had been specially constructed so as to be visible throughout the courtroom1 and to the television cameras4 ,the technician had already been on the stand to explain the simplified and easily read graph lines of the modern polygraph3 ,a shallow breathing line denoting suppression2 a heavy breath line denoting relief2 the respiratory block1 fast pulse and slow pulse lines2 the rise in blood pressure tracing4444 ,it was all there on the screen--the emotional picture of a man testifying at his own trial for murder4 ,objection1 your ,honor6 shouted the ,d4,a4 for the tenth time that morning4 ,this procedure is definitely irregular and immaterial6 ,defense ,counsel has been making a mockery of the ,court for days1 but now he has stepped completely out of line6 ,jake clucked soothingly4 ,what1 he inquired1 is irregular or immaterial about a defendant voluntarily taking a lie detector test8 ,i believe that ,i have heard the ,district ,attorney challenge clients of mine to do so on several occasions6 ,now1 we are merely permitting the ,court and the ,jury to view the test in progress4444 ,once again1 the ,judge withheld his ruling1 and the ,d4,a4 sagged dejectedly in his chair4 ,the strain of the last few days--sitting in the courtroom and listening to witnesses he knew not how or why to cross-examine--had taken its toll4 ,his eyes were bloodshot1 and fits of wheezing seized him spasmodically1 but the set of his jaw was still unyielding4 ,jake grieved for him4 ,tony ,corfino's reactions1 as he sat in the witness chair watching the final preparations1 would be difficult to catalogue4 ,he looked both aloof and nervously concerned4 ,his curly black hair was damp from the way he constantly brushed the sweat back off his forehead2 his puffy lips seemed in constant need of moistening4 ,but his hands were folded quietly in his lap4 ,he seemed to ,jake like a man lost to the past1 adrift in the present and unrelated to the future4 ,will you give us your name1 please8 ,jake asked casually4 ,tony ,corfino4 ,where were you born8 ,i ain't--,i'm not sure4444 ,on the ,west ,side1 ,i suppose4444 ,on the recorder over ,tony's head1 the graph lines rippled in smooth patterns4 ,suddenly changing his manner1 ,jake rasped3 ,have you ever committed a crime8 ,tony frowned in bewilderment4 ,i know that ,i have1 but sometimes4444 ,well1 ,i kinda wonder4444 ,do you remember what happened last ,october #ag8 ,you mean the bank 444 the shootin'8 ,that's right4 ,i've read so much--heard so much talk--that ,i ain't sure just what ,i remember4444 ,tony's eyes--or the eyes of the dead priest through which ,tony had vision--reflected his torment4 ,jake moved around so that ,tony would be facing the jury when he answered the next question4 ,tony1 directed ,jake1 think about this question before you answer it3 ,are you the man who tried to rob that bank--then got excited and killed two people8 ,jake knew this question was the one element of gamble in his entire case4 ,the way it was answered could be a summation or refutation of all the evidence and testimony he had so painstakingly assembled4 ,the jury sensed this1 too4 ,so did ,judge ,hayward4 ,his keen eyes flickered alertly from the defendant's face to the lines on the polygraph recorder4 ,now ,tony's hands were no longer folded quietly in his lap4 ,they were locked together1 and the new veins in his wrists stood out under the new skin4 ,his lips worked silently as he groped for words4 ,and then the words burst into an anguished outcry3 ,no6 ,i couldn't6444 ,the polygraph lines leaped into jagged peaks4 ,blood pressure1 respiratory block1 pulse and breathing--all climbed and dropped wildly1 recording their damning message for the world to see4 ,the ,d4,a4's lips twisted in a mirthless smile of triumph4 ,up in the ,,tv booth1 reporters sputtered1 split infinitives and shattered syntax in frantic efforts to describe and interpret what had happened4 ,jake ,emspak stood and waited1 a sear and wrinkled leaf hanging motionless in the wind4 7,if the self is merely a node in a complex casual series1 if self is solely energized and motivated by the sovereign need of survival and security1 then the idea of a bridge between ,man and the infinite is a pious illusion44447 ,tony ,corfino stared down at his twisted hands1 and slowly they unlocked4 ,he looked up at ,jake1 and the doubt and fear and bewilderment were gone at last from his eyes4 ,that ain't so1 he said quietly4 ,i did it 444 ,i know ,i did it 444 an' ,i know it was wrong 444 ,i deserve the chair6 7,thus ,man escapes himself in freedom1 and is therefore never a fully predictable or manipulatable object--only a window through which we peer with blind eyes into the reaches of the universe44447 99 99 99 99 99 ,the ,district ,attorney's summary to the jury was a model of legal craftsmanship4 ,boldly disregarding the broader issues raised by ,jake1 he hewed firmly to the line of criminal responsibility and punishment4 ,point by point he reviewed the facts of the crime4 ,witness by witness he retraced the eye-witness testimony4 ,he produced photographs of ,tony's body being loaded from the wreckage of the car into the ambulance1 and from the ambulance into the prison ward of ,city ,hospital4 ,he proved beyond any reasonable doubt that ,tony had never been out of custody from the moment of his apprehension4 ,even the defendant admits to his responsibility for the crime1 the ,d4,a4 continued coldly4 ,only in his concluding remarks did the ,district ,attorney make reference to the defense presented by ,jake ,emspak4 ,i wonder1 he asked1 smiling for the first time1 if any of you tried--as ,i did--to carry through to its ultimate conclusion the line of reasoning presented with such detail and admitted virtuosity by the defendant's counsel8 ,if the fabricating of replacement parts for the human body has already become a billion dollar industry1 if psychiatry continues to achieve new miracles1 how many people in this world could now--or in the near future--seek to escape their responsibilities by taking refuge in the argument that they were no longer themselves8 ,at what point would we draw the line8 ,if fifty-percent of a man's body has been replaced is he neither himself nor a new person8 ,if fifty-one has been replaced1 is he no longer the husband of his wife or the father of his children8 ,can he then walk blithely away from his responsibilities1 proclaiming ',i am a new man'8 ,a titter went through the courtroom4 ,judge ,hayward gavelled immediately for silence1 but the ,d4,a4 winked at the ,,tv cameras4 ,his point had been well made4 ,when ,jake ,emspak stepped up to the jury box to deliver his own final plea1 he promptly picked up the challenge4 ,i have known the ,district ,attorney too well1 for too many years1 he said1 to believe that he has considered only the superficial aspects of this case4 ,if you should find the defendant guilty1 ,i am sure he would be the last to oppose consideration of all the matters ,i have raised in the determination of a just sentence4 ,and ,i grant you that if a verdict of guilty is reached1 the letter of the law will be fulfilled1 and an eye for an eye can be paid4 ,likewise1 if the verdict is not guilty1 the letter of the law most unquestionably will be violated--but its spirit will be vindicated6 ,i am asking you to take a bold step1 across a new frontier4444 ,yes1 down through the ages1 law has become a living1 meaningful instrument of human dignity because--at each crossroad of decision--men and women were not afraid to depart from precedent6 ,oldtimers in the court had never before heard ,jake ,emspak summarize a case in such dispassionate1 objective tones4 ,usually1 his voice and argument ranged the gamut of emotional and semantic appeals1 plucking at each member of the jury like the strings of a harp4 ,today1 he seemed to be making an effort to hold himself in check4 ,this is the trial of a living man for the crime of a man who no longer exists1 ,jake continued quietly4 ,science destroyed that man--completely and with absolute finality6 ,in his place is a man with a new body1 new thoughts1 new blood and new reproductive capacity4 ,the fact that this new man can be brought to trial violates justice in its deepest and truest meaning6 ,it points inescapably to the fact that the law must be revised to bring it up to date with present reality4444 ,jake paused and was silent for so long that he appeared to have forgotten his surroundings4 ,when he finally continued1 his voice was so soft that the jurors unconsciously leaned forward to catch his words3 ,there is still another dimension to this case--one that transcends science 444 and the law4 ,it is one ,i approached with great uncertainty1 because it leads down a path ,i am walking for the first time4444 ,some of the testimony brought out in this trial may not have been new to all of you1 though it was new to me4 ,perhaps you have all formed your own conclusions with regard to the relationship between the spirit or soul of ,man1 and his outer shell 444 the house in which man lives4 ,but if this house becomes a prison for the real man1 and science releases him to live in a new dwelling1 then did the man ever actually exist until his release8 ,and if the man who lives now did not exist at the time of the crime for which he is tried1 can he then be judged guilty8 ,ladies and gentlemen of the jury--we await your answer4 99 99 99 99 99 ,twilight faded1 and across ,central ,park the skyline of the city changed from steel and concrete to a gossamer web of light and shadow4 ,jake ,emspak sat in peace by his window1 the fingers of his right hand resting gently on the gold frame of his wife's picture4 ,he touched a button on the arm of his chair1 and in a moment ,ed ,murrow's features came into focus on the wall-screen4 ,the jury in the ,corfino case is now locked up for the night1 ,murrow began1 his #hj-year-old voice more vibrantly alive than ever4 ,tomorrow we may--and very likely will--have a verdict4 ,but whatever the verdict1 this case has served an epochal purpose--to our time as well as to the law4 ,we have paused for an instant in our frantic drive for technological advancement to ponder the essential meaning of man--and the worth of the human entity4 ,it may take years to evaluate and appreciate all of the complex testimony ,jake ,emspak put into the trial record1 for each of us will see in it only what we want to see or are capable of seeing4444 ,but we may be assured that in the generations to come this case will be footnoted throughout the opening worlds of space by serious students of the law1 the sciences and the humanities4 ,for tonight1 it should suffice to say3 ,thank you1 ,jake ,emspak--,well done6 ,jake touched the button again1 and the screen went dark4 ,between old friends1 there was much that words left unsaid4