Ashtabula telegraph. (Ashtabula, Ohio) 1874-1880, 1879-10-10
ACCIDENTALLY INNOCENT.

No lawyer likes going into court with
thoroughly bad case-yet how can he
help it sometimes?
I should have more patience with the
| question, "Do you ever think it right to
! defend a man whom you believe to be
! guilty were it less frequently put by
| people who spend six days of the week
seeking to get the upper hand of their
ueighbors, and the seventh in trying to
circumvent their Maker. To the honest
inquirer I commend the answer DIR.
Johnson once gave to Boswell, 'Sir, the
lawyer is not the judge"
Was it my place, when George Gill
bert's little sOrrOw-worn wife, with tears
glistening in her eyes, to beseech me to
do what I could for her imprisoned hus-
band, virtuously to turn my back, and
leave her tired, struggling heart to break
or not as it might? l was neither a
priest nor q Levite to find a ready excuse
for passing by on the other side? Yet
what could do2 George Gilbert had
been sent on collecting tour, and had
gambled away money received for his
employers. It was plain case of embez-
element, and the penalty was a tenn of
years in the States Prison.
'I am sure he never meant to be dis
honest" pleaded the loyal little woman; !;
she was tempted by a crafty and de-
signing man, but, instead of running
aWav. as others would have done. he
came back and confessed his fault, offer
ing to let his whole salary 90 toward
making up the lost money till every
cent should be paid. Mr.. Meek, the
junior partner, was willing to be merci-
ful, but Mr.. Mangle, the head of the
house, who returned just then after
years absence, insisted that the law
should take its course"
gave her what poor consolation
could, for lawyers, like doctors, must
keep their patients courage up at times.
"In the first place I'll see Mangle
& Meek" l said. "Mr. Mangle NAV be
brought to hear reason, after all-if he
can only be made to see his interest in il"
The pale, respondent face cheered up
little. My words seemed to have in
spired Il sort of underlined hope which
was far from feeling myself
Mr.. Mangle received me with stony
politeness.
"Young man" his manner said, "don't
waste time in appeals to sentiment; YOU
J
took the hint, and came at once to
business, repeated Gilberts offer, and
put 1t as strongly as possible that more
was to be gained by leniency than harsh
ness-all Of which Mr.. Mangle listened
to with a conscientious scowl.
"I cannot be party to compounding
felony" he answered, with a solemn
intonation.
"Nor have I asked you," replied, not
a little nettled. 81 have merely men
toned plan of paying back your own,
leaving it to your generosity to press OF
not to press the prosecution"
"Oh, it's all the same" was the con,
temptuous rejoinder-"anybody but a
lawyer. with his head full of quips and
bubbles, could see that. Besides, there's
something rather cool in the proposal to
retain your friend in our employ, under
pretence of working out the money he
has stolen, with tb ; opportunity of tilch-
ing twice as much money in the mean
time"
I felt my temper rising, and not caring
to imperil my clients interests by an
outright quarrel, I took q hasty leave.
Had been in the prisoners place on
the morning fixed for the trial, 1 could
hardly have assembled the courthouse
steps with more reluctance than l did.
And when l entered the courtroom, and
found Gilbert and his wife already
there, and noted the hopeful look with
which the latter greeted my coming, my
heart sickened at the thought of the bit
ter disappointment coming.
"The People versus GilbeFtp called
out the Judge, after disposing Of some
formal matters.
A jury was Immediately impanneled,
and the case opened by the district
attorney.
Mr.. Meek was the first witness. The
nervous. hesitating manner in which he
gave his evidence would have greatly
damaged its effect. had it not evidently
arisen from a disposition to do the pris-
oner as little hurt as possible. But no
softening could break the terrible force
of the facts he was compelled to relate.
In his partners absence he had en-
p-oyed George Gilbert as clerk; had
found him competent and trustworthy;
had sent him on trip to make coIlec-
tions; on his re urn he had acknowl-
edged that after receiving a considerable
sum, he was induced by a respectable
looking gentleman, with whom he had
casually fallen in, to join in a social
game of cards; at first they played for
amusement, then for money, and, after
losing all his own, in the hope of retriev-
ing his loss, with the fatal infstuation
which attends the first infection of that
dreadful vice whose end is swift de-
struction, he had hazarded and lost the
last dollar of the money he held in trust
for his semployers.
Mr.. Meek's voice faltered as he closed
lls narrative. He was going on to vol
unteer something about the prisoners
previous good character, when a disap-
proving glance from Mr.. MangIe brought
him to halt.
Just then the prisoner CHANGED to turn
his head, and, catching a glimpse of the
senior partner, who had just entered
and was standing among the crowd, he
started quickly, then whispered hur-
riedly, i'll my ear.
Turn aside your face" whispercu
back. And the case for the prosecution
being closed
''Have you any witnesses for the de-
fence % inquired the Judge.
'T will call Hezekiah MangIe," l
replied.
A buzz of surprise greeted the an.
nomcement, in the midst of which Mr.
Mangle stepped forward and was sworn.
"You have been absent for the last
year, Mr.. Mangle" began.
Il have"
Travelling in different parts ?'
Eyes, sir"
"The prisoner was employed by your
Arlner in your absence, and was
arrested about the time of your return P
Such was the c.lse."
"IIave you ever seen him"
Not to my knowledge"
"Or met him in your travelsP'
IF he will turn his face this way, ] |
can tell better"
At my bidding Gilbert turned and
faced the witness.