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Forsythe-Barker

Tavin Forsythe-Barker

Ms. Moser

Period 1

23 April 2017

Alternate Mock Trial Argumentative Essay

Our legal system, here in the United States, is acclaimed by many to be one of the most

fair and just in the world, but it was not always like this. In the acclaimed book To Kill A

Mockingbird by Harper Lee, there is a famous court trial case in which an African American

man is convicted of rapping the child of a white man. Atticus, the father of Scout who is the

main character, plays the role of the defense attorney defending Tom Robinson, the African

American accused of the crime, against the state. After a tense trial and a long deliberation by the

jury, Tom Robinson is declared guilty and is incarcerated in a county prison to await his fate.

However, it was only because of the era of time that this trail took place in, why Tom Robinson

was convicted as guilty. There are several reasons why Tom Robinson was not guilty. The first

is that there is reasonable doubt that Tom Robinson did not rape Mayella Ewell because of his

mangled left arm which would hinder him in the supposed struggle that ensued. The second is

that no doctor was consulted after the supposed raping of Mayella Ewell, so there was no

professional opinion of who or what could have caused Mayellas injuries. The third is that there

is reason to believe that Mr. Bob Ewell, the father of Mayella Ewell who is the supposed victim

of Tom, beat his daughter for attempting to seduce Tom Robinson.

The first reason, mentioned above, why Tom Robinson did not rape Mayella Ewell is

because of his mangled left arm which would make it difficult for him to hold Mayella down, as
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she described. In the witness stand, Mayella Ewell testified that, ...fore I knew it he was on

me, Just run up behind me, he did. He got me round the neck, cussin me an saying dirt-I

foughtnhollered, but he had me round the neck. He hit me agin an agin- (Lee 180). Mayella

Ewell claims that Tom Robinson held her down with one hand around her neck while the other

hand was used to hit her repeatedly. A valid claim in a standard rape case, but not in this case.

Once Tom Robinson himself is called to the witness stand it is clear to all that he could not have

possibly done what Mayella testified he did. Tom Robinsons powerful shoulders rippled under

his thin shirt. He rose to his feet and stood with his right hand on the back of his chair. He looked

oddly off balance, but it was not from the way he was standing. His left arm was fully twelve

inches shorter than his fight, and hung dead at his side. It ended in a small shriveled hand, and

from as far away as the balcony I could see that is was no use to him. (Lee 185-186). With this

mangled arm and hand, how could Tom Robinson have possibly done what Mayella Ewell

testified he did. The answer is: he couldnt have. This revelation by itself should establish

enough reasonable doubt to acquit Tom Robinson. However, there is more evidence to suggest

that Tom did not rape Mayella.

The Second reason why Tom Robinson is innocent of raping Mayella Ewell is that no

doctor was consulted after the supposed raping of Mayella Ewell. Therefore, there was no

professional opinion of who or what could have caused Mayellas injuries. In the trial, Atticus

asks several of the witnesses if any of them fetched a doctor to check of Mayellas condition,

none of them did. First, Atticus questions Heck Tate, the town sheriff, and asks if he fetched a

doctor to examine Ms. Mayella. Did you call a doctor, Sheriff? Did anybody call a doctor?

asked Atticus. No sir, said Mr. Tate. Didnt call a doctor? No sir, repeated Mr. Tate.
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Why not?...Well I can tell you why I didnt. It wasnt necessary, Mr. Finch. She was mighty

banged up. Something sho happened it was obvious. (Lee 167). Despite Mr. Tate assertion of

why he didnt seek the consultation of a doctor, his actions were illogical. If a doctor had

examined Mayella Ewell, he could have assessed Mayellas condition, both her external and

potential internal injuries and alleviated a lot of unnecessary suspicion. However, a doctor was

not consulted, leaving a lot of doubt in any testimony given by the witnesses because no

professional medical opinion was provided. This was further affirmed when Mr. Bob Ewell,

Mayellas father, is also questioned by Atticus, Mr. Ewell, Atticus began, Folks were doing a

lot of running that night. Lets see, you say you ran to the house, you ran to the window, you ran

inside, you ran to Mayella, you ran for Mr. Tate. Did you, during all this running, run for a

doctor? Wadnt no need to. I seen what happened. But theres one thing I dont understand,

said Atticus. Werent you concerned with Mayellas condition?...What?...Didnt you think

she should have had a doctor immediately? The witness said he never thought of it, he had

never called a doctor to any of hisn in his life, and if he had it would have cost him five dollars.

(Lee 175) This dialogue clearly shows that Mr. Ewell did not think to consult a doctor as well, it

even subtly implies that Mr. Ewell cared more about his reputation than his daughter.

The third reason why Tom Robinson did not rape Mayella Ewell is that there is reason to

believe that Mr. Bob Ewell, the father of Mayella Ewell who is the supposed victim of Tom, beat

his daughter for attempting to seduce Tom Robinson. This was alluded to in the quote above

when Bob Ewell confirms he did not send for a doctor after the alleged raping of Mayella Ewell,

hinting that he cared more for his own reputation than the well being of his daughter. Further

evidence was brought up to suggest this when Atticus, the main characters father and defense
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attorney, asks Mr. Ewell to write his name on a piece of paper. Mr. Ewell complies with the

request and it is revealed that he is left handed. Scout, Atticuss young daughter who attends the

trail, correctly interprets her father's intentions in this unusual request of a witness, ...Atticus

was trying to show, it seemed to me, that Mr. Ewell could have beaten up Mayella. That much I

could follow. If her right eye was blacked and she was beaten mostly on the right side of her

face, it would tend to show that a left-handed person did it. Jem Finch [Scouts brother] and

Sherlock Holmes would agree. But Tom Robinson could easily be left-handed, too. (Lee 178).

However, as already established, Tom Robinsons left hand is severely mangled from an injury

in his childhood, it is not possible from him to have held Mayella done and punched her with his

left hand. He cant even hold his left hand on a bible, Thomas Robinson reached around, ran his

fingers under his left arm and lifter it. He guided his arm to the Bible and his rubber-like left

hand sought contact with the black binding. As he raised his right hand, the useless one slipped

off the Bible and hit the clerks table. (Lee 190) It is clear here that Tom Robinson could not

have beat Mayella the way she and her father testified. When asked what had happened, Tom

Robinson gave his own summary, She reached up an kissed me side of th face. She says she

never kissed a grown man before an she might as well kiss a nigger. She says what her papa do

to her dont count. She says, Kiss me back, nigger. I say, Miss Mayella lemme outta here an

tried to run but she got her back to the door an Ida had to push her. I didnt wanta harm her,

Mr. Finch, an I say lemme pass, but just when I say it Mr. Ewell yonder hollered through th

window. What did he say?...Tom Robinson shut his eyes tight. He says you goddamn

whore, Ill kill ya.... Tom, did you rape Mayella Ewell? I did not, suh. Did you harm her in
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any way? I did not, suh. This testimony serves to reenforce the reasonable doubt that has

already been established by blatantly false testimonies by Mayella and her father.

Despite the overwhelming evidence to the contrary, others may believe that Tom

Robinson is guilty of the crime he was wrongly accused of. Several may point out the fact that

Tom Robinson had been convicted of a crime before and therefore be motivated to do so again,

just as Mr. Gilmer, the prosecuting attorney pointed out, It was now Mr. Gilmers turn to ask

Tom questions. You were given thirty days once for disorderly conduct, Robinson? asked Mr.

Gilmer. Yes, suh. Whatd the nigger look like when you got through with him? He beat me,

Mr. Gilmer. Yes, but you were convicted, werent you? Atticus spoke up and sounded tired.

It was a misdemeanor and its in the record, Judge. 66 Witnessll answer, though said Judge

Taylor just as wearily. Yes, suh, I got thirty days. Mr. Gilmer was letting the jury know that a

man who was convicted of disorderly conduct could easily have taken advantage of Mayella

Ewell. (Lee 196) While this is a logical assumption, when put into the context of this case it is

little against the reasonable doubt already established by the defense and the witnesss own

testimonies. Atticus sums up this doubt in his closing remarks, Gentlemen, he was saying, I

shall be brief, but I would like to use my remaining time with you to remind you that this case is

not a difficult one, it requires no minute sifting of complicated facts, but it does require you to be

sure beyond all reasonable doubt as to the guilt of the defendant. To begin with, this

case should never have come to trial. This case is as simple as black and white. The state has not

produced one iota of medical evidence to the effect that the crime Tom Robinson is charged with

ever took place. It has relied instead upon the testimony of two witnesses whose evidence has not
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only been called into serious question on cross-examination, but has been flatly contradicted by

the defendant. The defendant is not guilty, but somebody in this courtroom is. (Lee 203)

In conclusion, Tom Robinson is innocent of raping Mayella Ewell as reasonable doubt

was established against the accusation. First, there is reasonable doubt that Tom Robinson did

not rape Mayella Ewell because of his mangled left arm which would hinder him in the supposed

struggle that ensued. Second, no doctor was consulted after the supposed raping of Mayella

Ewell, so there was no professional opinion of who or what could have caused Mayellas

injuries. Third, there is reason to believe that Mr. Bob Ewell, the father of Mayella Ewell who is

the supposed victim of Tom, beat his daughter for attempting to seduce Tom Robinson. In

addition to all these reasons that establish reasonable doubt, Atticus gives a stirring speech for

his closing statements, in which he says, ...there is one way in this country in which all men are

created equal there is one human institution that makes a pauper the equal of a Rockefeller,

the stupid man the equal of an Einstein, and the ignorant man the equal of any college president.

That institution, gentlemen, is a court. It can be the Supreme Court of the United States or the

humblest J.P. court in the land, or this honorable court which you serve. Our courts have their

faults, as does any human institution, but in this country our courts are the great levelers, and in

our courts all men are created equal. (Lee 205). If only that were so, despite his innocence,

Tom Robinson is declared guilty by the jury and given the death penalty.

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