The Tiffin tribune. (Tiffin, Ohio) 1868-1887, 1874-01-22
A CLEAR CASE.
BY JUDGE CLARK.

BY JUDGE CLARK.
How often do we hear men in Other
pursuits-keen to detect triekery in
all callings hut their own-denounce
lawyers for defending people whom
they have reason to believe guilty.
Did 1t ever occur to these critics
that it is no more the lawyers prov
ince than it is theirs to pass judgment
on accused persons ? That duty is
Iconfided to legally constituted tribu-
mails, bound to hear both sides and so
important is it deemed that none
shall be condemned unheard, that il
q prisoner is too poor to employ coun-
sci, the court must assign it to him,
and he upon whom the burthen is
laid is not at liberty to decline it.
What lawyer may thus rightly be
be compelled to do, it can scarcely
be wrong for him to do it voluntari-
| ly.
So, at any rate, l reasoned on under
taking the defense Of Walter Warren,
against whom two indictments were
pending, one for theft, the other for
attempting TO put off counterfeit bank
notes.
The proofs against him left scarce q
loophole for doubt. He had worked
his way to Mr.. Vests chief clerk, and
had completely won the confidence of
his employer. The latter having Oc-
casion to forward large sum Of mon
ey to place at some distance, select
ed young Warren to carry 1t. When
ready for his journey, the money, in
closed in an envelope directed to the
person to whom it was sent, was
handed 10 Warren, and placed by him
in an inside pocket of his coat, where,
he insisted he had found the package
safe on reaching his destination, when
he Immediately delivered it to the
proper person.
On being opened, the envelope was
found to contain the correct amount,
but made up entirely of forged bank
notes.
Mr.. West was positive that the bills
he had inclosed were genuine-ap point
on which q man of his experience
could hardly be mistaken. Besides,
they were on q different bank from
that by which the counterfeits pur-
ported to be issued. He further re-
membered that, before inclOsing the
bills, he had, in Wsrren's presence,
written the address of the gentleman
" WnOm Iney were 10 De ue1IV6Teu, Ou
an envelope in which he had intend
ed to place them, but having laid 1t
temporarily aside, he was unable to
find it afterwards, and used another.
The inference was, that Warren, hav-
ing secretly possessed himself of the
mislaid envelope, after sealing it up
with the counterfeit notes in it, had
substituted it for the genuine packet,
whose contents he had appropriated.
Mr.. Vests statement was fully cor
roborated by that of gentleman pres
ent at the time of the delivery of the
money to Warren, and who had seen
it counted.
In my conferences with the prison.
er, he strongly asserted his Innocence,
but could give no explanation of the
mysterious transformation which the
money had undergone, from good to
bad, while in his possession. He had
gone, he said, directly from Mr..
Vests office to the railway station,
whittier he had been accompanied by
the gentleman who had seen him re-
ceive the money, who had occasion
to go short distance by the same
train. Mr.. Allgood, the gentleman in
question, had, for short time occu-
pied the same seat with my client
conversing with him on Indifferent
subjects. With that exception, War
rem had the seat to himself during the
entire Journey, and he assured me he
had not at any time, suffered half an
hour to pass without ascertaining that
his charge was safe.
Mr.. Allgood was a person beyond
suspicion. True, he had lived but
few months in town, but he was a
man who carried certificate of char
aeter in his face. 1t wore an express
sion of satisfied sadness, often observs
able in those who, having no faults of
their own to be sorry for, overflow
with sorrow for the sins Of others.
He lived in small house by himself;
led q retired life was devoted to his
books ; taught in two Sunday schools;
and was q candidate for the next va
cant deaconship. Warren himself
would have scorned to hint at the pos
sibility of the contents of his pocket
having been tampered with by such a
man as Mr.. Allgood.
At last the case came on. 1t was
called late il the afternoon, finally
when u Jury had been obtained, the
court adjourned until the next morn
ing.
The county seat at which the trial
was held, being several miles from the
town at which Mr.. West and Mr..
Allgood, principal witnesses for the
prosecution, resided, they were oblig-
All IN remain over NIGHT .-
or course, 1 had no hope OF sue
cessful result. I believed my client
guilty, and that he simply lied when
he said he wasn't.
was vending my way to the court
house next morning, not more at a
loss what to do to save my client,
than puzzled what to say to save N.Y.
self from appearing like fool, when
q stranger tapped me on the shoulder.
A few word from him frightened me
up considerably. What they were
will come out presently.
The first witness was the gentle
man to whom the prisoner had de-
livered the false bills, which were pro-
duced, identified, and their spurious
character proven. 1 allowed the wit
ness to 90 on without cross-examina.
tion, as / did Mr., West, who was call
ed next.
Ny client looked respondent. He
evidently expected q better show of
defense than was making.
Allgood was then put upon the
stand for the prosecution. His evil
dence Tailed exactly with that Of Mr.
West.
For the first time I rose to cross-ex-
anime. By few commonplace ques-
tions / drew out the facts of his hay-
ing accompanied the prisoner to the
station and having, for time, shared
his seat. Ipaused, as if at loss what
to ask next then, as IL suddenly
reeollecting the circumstances
"By the way, Mr.. Allgood," 1 in
quired, "Were you aware that your
house was entered last night ?"
The witness started, as q man nat
urally might at such question.
"I-I was not aware oft" he stam-
mered.
'It is nevertheless true,n 1 answer
ed; sand a considerable sum Of money
was taken from it."
The witness looked pale and anx-
Ious.
"What is the relevance Of all this?'
asked the judge.
"I trust may be INDUCED a mo-
ment," I said, giving his Honor q
q significant look.
"Go on" be replied, evidently un-
derstanding I had some object In view.
"PermIt me to relieve your apPre-
tensions, Mr.. Allgood,n I resumed
az believe 1t Is in my power to restore
your money. You will probably be
able to indentify it."
bis hand shook as handed him a
goodly roll Of bank notes, but his eve
frightened rs he turned them over.
"I recognise them.n he said, "they
are mine"