Northern Ohio journal. [volume] (Painesville, Ohio) 1872-1896, 1873-07-05
TRUTH IN .COGRT.

| III Is ~unuOuDteulE III tile StflfttS Oi
those complications and circumlocutiOns
of law which are intended for the pro-
lection of wrongly impugned innocence
/ from the artful devices of malice to al
low guilt. also, certain technical facili-
ties of escape; and how the lawyers
| habit of turning them particularly to the
| advantage of crime NAV render them
proportionately adverse to the ingeIiu-
ously honest victim of mere nnfOrtnn-
ate appearance is cnriously illustrated
by case recently tried at Saltwater, in
| Minnesota.
| A poor, simple minded old man
named Hugh Fitzpatrick, relates the
Messenger, of that place, was found in
possession of 4 pocket-book containing
$40, the property of another citizen, and
arraigned for the theft thereof. Not de-
nying that he had displayed the property
| to all his friends and acquaintanees, nor
claiming that it was his own, yet stren-
uously asserting that he had not stolen
it, the prisoner had counsel assigned him
by the Court in the person of a compe-
tent attorney, who, i'll view of the strong
circumstantial evidence for the prosecu-
ton, directed him to merit light sem
tence by pleading guilty. If insisting
| he would probably get five years in
seled, he might, in consideration of his
age and previous good character, secure
the mercy of the Court.
"Would that plea mean that took the
money, your Honor;', he asked in SUR
prised appeal to the Court.
eyes," responded the Judge.
''Then, prison or no prison." exclaim-
ed the old man, "I'll not tell a lie about
it, but plead that 1 never took the
money!
After that, of course, it was only left
for the Court to enter a plea of "not
guilty." and remand the accused for
trial.
Counsel went back with Fitzpatrick
to his cell, and there made one more eff
fort to induce him to humOr the law.
Since, innocent though he might be, the
circumstantial evidence was so strongly
| against him, and his means of combat
ing it were so inadequate, would he not
change his plea as mere matter of form
even explaining to the Court just why
| he did so-and thus enable the Judge to
deal gently with his case?
sfI tell you," responded the stubborn
| client, ''that l will not tell lie in any
manner, shape or form Pm not guilty,
and that's my plea. come what may"
Thereupon the lawyer, believing now
that his man told the truth, set about
devising plausible theory for explain
| ing away the grave appearances against
him.
81 believe" said he, Frightening up.
F'that | understand the matter at last.
You usually have little money of your
own, and carry your own pocket-book
in your trousers pocket, do you not?"
| The prisoner nodded assent.
| "Very well. then, it's quite possible
| haf finan WI, tI,ol OFF
trousers at night, or changed them OH
| Sunday, some enemy, or person wishing
to play trick on you, slipped the stolen
pocket-book into the pocket where you
| found it-taking it at first for your
own. Now, don't you think so your
| self?"
Fitzpatrick shook his head in a vehe-
ment denial.
"How could any one do that?'' he
CALCULATED, "when l have slept i'm my
pants for the last month, and don't
change them on Sunday, because they're
the only pair / have. No, lawyer, Pm
not going to pretend to you or the Court
that | believe any such foolishness as
that!''
In short, the nOnplussed counsel could
do nothing at all with this miracle of
obstinate and exact veracity; and, upon
going into Court with him again for the
trial, concluded simply to relate his ex-
perience, as above. to Judge and jury,
and allow the moral suggestion of it to
weigh something in the prisoners fa-
vor. 1t did weigh, something, too. says
the local journal, in the minds of all
, who heard it told, and witnessed the
frank, brave bearing of the indomitabiy
truthful old man. But there was the
/ plain evidence that he had exhibited the
! pocket-book, and did not profess to eX-
plain how it had come into his pocket
and so inexorably refused to avail him.
self of legal techniealities, or allow his
, counsel to deduce theory for his ex
eulpation, the jury had no choice in Law
but to convict him. The Judge, evi
: IDENTIFY puzzled and disturbed at thu
strange legal and moral contradiction
, of the case, imposed the lightest sentenc'
at his option-one years Imprisonment
t and Fitzpatrick was led away will
4 that kind of firm and patient look on hi
! face which must surely be justified SOM
> day by the establishment of his limo
|