A Ten Minute Play
By John R. Green
Copyright © by John R. Green
Shown with his blessing
The Honorable Mortimer Peppendecker, Judge of the Court, age 50
Henrietta Archway, Prosecuting Attorney, age 38
Spenser Applegate, Defense Attorney, age 42
Barry Fingers, Convicted Man, age 25
Archie Farmingdale, Court Bailiff, age 35
A portion of a courtroom near the Judge's bench
9:00 a.m. - June 6, 1995
SETTING: Prosecuting and defense attorneys and convicted man awaiting the appearance of the court judge. Bailiff stands prepared to announce arrival of the judge. His chair is to the floor right of judge's bench. Opposite him for a short space is chair of prosecuting attorney. Across the aisle to her left is seated defense attorney and convicted man. The court is in session for the sentencing of the latter.
ARCHIE All rise! (Judge Peppendecker enters courtroom and seats himself. All others seat themselves.)
MORTIMER We are gathered here to determine the terms of Barry Finger's sentence. Has his attorney any remarks pertaining to this matter?
SPENSER (arising) That I have, your honor. Due to mitigating circumstances, I plead leniency for my client.
MORTIMER (astounded) No mitigating circumstance was dealt with in his trial.
SPENSER In as much as Mr. Fingers pleaded guilty at his trial, I believe the mitigating circumstance is applicable only to his sentencing, your honor.
MORTIMER Proceed with your explanation of mitigating circumstance.
SPENSER Thank you, your honor. Mr. Fingers is convinced that the Devil caused him to commit the criminal action.
MORTIMER (chuckling as Henrietta laughs deriseively) I thought that ploy died years ago, and now you attempt to resurrect it?
SPENSER I am presenting this defense in all sincerity and truth, your honor. I firmly believe that the Devil did influence the action of Mr. Fingers. (points to Barry Fingers)
MORTIMER What have you to say to all of this, Miss Archway?
HENRIETTA (arising, shaking her head) Preposterous! Rediculous! Utter nonsense! Barry Fingers made himself do this callous crime! The Devil had nothing to do with it.
SPENSER Do you believe the Devil can make people do evil things?
HENRIETTA Of course, I do. But he doesn't activate himself with ordinary persons - He goes for the big game.
MORTIMER Who might this big game be?
HENRIETTA Oh, it could have been Adolf Hitler, Benito Mussolini, Joseph Stalin, Judas Iscariot, to name a few.
MORTIMER Then who was responsible for the evils of those men? Was Hitler responsible for his crimes against humanity, or was the Devil? Was Judas Iscariot responsible for his betrayal of Jesus, or was the Devil?
HENRIETTA Both they and the Devil were responsible?
SPENSER (loudly) But the men were forced to do evil; they had no choice! How could they be held responsible? (triumphantly) This is what happened to Barry Fingers. The Devil made him do it, your honor.
MORTIMER Were I to agree with you, counselor, and refrain from sentencing your client, every young offender appearing before this court might insist that the Devill was responsible for his crime.
HENRIETTA And it would be exceedingly difficult for me to prosecute.
SPENSER (pleading) But Barry Fingers here truly believes that the Devil made him steal the money!
MORTIMER I am having difficulty with this Devil making approach. I believe that the Devil tempts people to sin, but I can't think of any instance in which he forced them to do evil.
HENRIETTA Barry Fingers might have been tempted by the Devil, but he didn't have to yield to temptation.
SPENSER If the Devil's power to tempt is so great that it took Jesus forty days to shake him off, how could Barry Fingers possibly resist his temptation? Mind you, I am not indicating that my client wasn't made by the Devil to rob the lady as I ask this question.
MORTIMER Doesn't the Devil only tempt us to do that which we find attractive?
HENRIETTA (triumphantly) Absolutely! The defendent found that money attractive. Otherwise, the Devil could not have tempted him.
MORTIMER (to Archie Farmingdale) It might be good to bring you in to this momentous discourse. I understand that you doubt the existence of the Devil.
ARCHIE (chuckling) To put it mildly! If I believed in Satan I would believe that there are two powers that govern the universe: one good, and one evil. I contend that God is the sole ruler of the world.
MORTIMER But how do you account for the great evil we see in human society?
ARCHIE If you want to ring in Holy Scriptures, St. Paul said that the evil he did was the result of sin within himself.
SPENSER (frustrated) Why do we choose evil over good unless we are tempted to do so?
ARCHIE We tempt ourselves but only when we recognize that we are choosing between good and evil.
SPENSER (waving his arms in exasperation) But don't we all so recognize?
ARCHIE Heaven's no! Adolf Hitler observed that whatever he chose was good.
HENRIETTA It seems to me that Eve needed a power beyond herself to tempt her to eat the 'apple'.
ARCHIE (shaking his head in laughter) Eve had her heart set on the 'apple' from day one in Eden! And Barry Fingers wanted that money for gambling so badly that he robbed that poor elderly lady who had befriended him. He didn't take the time to tempt himself.
MORTIMER (to Archie) Have you tempted yourself?
ARCHIE (arising, chuckling) You well know that when as a boy I stole that watermelon, it wasn't a matter of temptation. I was determined to have that watermelon. Each boy who was initiated into The 'Royal Order of Taste Buds' had to steal a watermelon on a Saturday night for the Order's brothers to feast upon. I needed no tempting; nothing was going to stop me from becoming a 'Taste Buder'!
MORTIMER (to Barry) Well, young man, what have you to say to what the bailiff has been saying?
BARRY (arising, agitated ) I didn't want to deprive dear Mrs. Phillips of her money; I couldn't help myself. And right there in the Bible it says that the Devil tempted Jesus, your honor.
ARCHIE Jesus was trying to decide whether he was going to be a popular Messiah or a Messiah as willed by his Heavenly Father, and he found the idea of being a popular Messiah very attractive, very appealing. But with divine help he chose to be a Godly serving Messiah. The mentioning of Satan was merely symbolic. We make difficult choices from time to time, but do we bring Satan in to the picture? Of course, we don't.
SPENSER (frantically as Barry quivers in agony) Your honor, my client is becoming highly disturbed, terrorized! He fears the Devil will appear to assert himself!
HENRIETTA (angrily) Your honor, this is simply outrageous, this damnable charade! The defendant, Barry Fingers, is resposible for his evil action; and he alone is responsible!
ARCHIE Absolutely! If there be a Devil let him now come and reveal himself!
SPENSER (heatedly) The prosecuting attorney's and bailiff's remarks border on blasphemy!
MORTIMER (suddenly pounding his gavel) Refrain from associating yourself with evil, young man. You are free to go!
HENRIETTA (amazed) I can't believe this! Why, your honor, for God's sake why?
ARCHIE (dumbfounded) If I wasn't present in the courtroom, I wouldn't believe what I have just heard! Yes, why, for all the world to know, why did you render this decision?
MORTIMER (shrugging) Maybe the Devil made me do it!
(Henrietta and Archie stare incredulously at Mortimer as he leaves the courtroom, while Spenser embraces a trembling Barry.)
CURTAIN