“When a man says he’s gonna get you, looks like he means it.”
“He meant it when he said it,” said Atticus. “Jem, see if you can stand in Bob Ewell’s shoes a minute. I destroyed his last shred of credibility at that trial, if he had any to begin with. The man had to have some kind of comeback, his kind always does. So if spitting in my face and threatening me saved Mayella Ewell one extra beating, that’s something I’ll gladly take. He had to take it out on somebody and I’d rather it be me than that houseful of children out there. You understand?”
Jem nodded.
Aunt Alexandra entered the room as Atticus was saying, “We don’t have anything to fear from Bob Ewell, he got it all out of his system that morning.”
“I wouldn’t be so sure of that, Atticus,” she said. “His kind’d do anything to pay off a grudge. You know how those people are.”
“What on earth could Ewell do to me, sister?”
“Something furtive,” Aunt Alexandra said. “You may count on that.”
“Nobody has much chance to be furtive in Maycomb,” Atticus answered.
After that, we were not afraid. Summer was melting away, and we made the most of it. Atticus assured us that nothing would happen to Tom Robinson until the higher court reviewed his case, and that Tom had a good chance of going free, or at least of having a new trial. He was at Enfield Prison Farm, seventy miles away in Chester County. I asked Atticus if Tom’s wife and children were allowed to visit him, but Atticus said no.
“If he loses his appeal,” I asked one evening, “what’ll happen to him?”
“He’ll go to the chair,” said Atticus, “unless the Governor commutes his sentence. Not time to worry yet, Scout. We’ve got a good chance.”
Jem was sprawled on the sofa reading Popular Mechanics. He looked up. “It ain’t right. He didn’t kill anybody even if he was guilty. He didn’t take anybody’s life.”
“You know rape’s a capital offense in Alabama,” said Atticus.
“Yessir, but the jury didn’t have to give him death—if they wanted to they could’ve gave him twenty years.”
“Given,” said Atticus. “Tom Robinson’s a colored man, Jem. No jury in this part of the world’s going to say, ‘We think you’re guilty, but not very,’ on a charge like that. It was either a straight acquittal or nothing.”
Jem was shaking his head. “I know it’s not right, but I can’t figure out what’s wrong—maybe rape shouldn’t be a capital offense…”
Atticus dropped his newspaper beside his chair. He said he didn’t have any quarrel with the rape statute, none what ever, but he did have deep misgivings when the state asked for and the jury gave a death penalty on purely circumstantial evidence. He glanced at me, saw I was listening, and made it easier. “—I mean, before a man is sentenced to death for murder, say, there should be one or two eye-witnesses. Some one should be able to say, ‘Yes, I was there and saw him pull the trigger.’”
“But lots of folks have been hung—hanged—on circumstantial evidence,” said Jem.
“I know, and lots of ‘em probably deserved it, too—but in the absence of eye-witnesses there’s always a doubt, some times only the shadow of a doubt. The law says ’reasonable doubt,‘ but I think a defendant’s entitled to the shadow of a doubt. There’s always the possibility, no matter how improbable, that he’s innocent.”
“Then it all goes back to the jury, then. We oughta do away with juries.” Jem was adamant.
Atticus tried hard not to smile but couldn’t help it. “You’re rather hard on us, son. I think maybe there might be a better way. Change the law. Change it so that only judges have the power of fixing the penalty in capital cases.”
“Then go up to Montgomery and change the law.”
“You’d be surprised how hard that’d be. I won’t live to see the law changed, and if you live to see it you’ll be an old man.”
This was not good enough for Jem. “No sir, they oughta do away with juries. He wasn’t guilty in the first place and they said he was.”
“If you had been on that jury, son, and eleven other boys like you, Tom would be a free man,” said Atticus. “So far nothing in your life has interfered with your reasoning process. Those are twelve reasonable men in everyday life, Tom’s jury, but you saw something come between them and reason. You saw the same thing that night in front of the jail. When that crew went away, they didn’t go as reasonable men, they went because we were there. There’s something in our world that makes men lose their heads—they couldn’t be fair if they tried. In our courts, when it’s a white man’s word against a black man’s, the white man always wins. They’re ugly, but those are the facts of life.”