The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1879-03-28
A SYMPATHETIC" LAWYER
And How he 60, .,It

cred country from whose bourne no tray
eler returns" AT the time of which ]
write lie was a man of nearly seventy
tall and raw-bOned, with long
brawny arms and ponderous fists, with
which he was wont TO smite the table
oft times, no doubt, driving his argument
clear through the heads of stupid jury
men with such sledge-hammer blows as
to force averdIct in his favor. even against
the law and the evidence. The old man
could exhibit a power Of sentiment, too,
and shed tears copiously when the occa-
sion required it, This rare natural gift,
when coupled with his rich, tragic voice,
and the sight of his long, gray locks
down his back, had a wonder
full effect and not unfrequently moisten-
ed the eyes of his honor on the bench,
the jurymen in their seats, and the OPP
posing counsel at the bar.
had arrested the notorious counter
feiter, Achile Pa.tie. The evidence
against him was of character to defy a
successful defense on legal grounds, and
/ had set his name down in my note
book for a residence of fifteen years in
the Albany penitentiary. There was no
help for il. Upon the preliminary OK
animation of Pattie before the United
States commissioner a small portion on
~ of the evidence against the prisoner
was developed, and that would have
made conviction dOubly sure under or
binary circumstances. The prisoner was
to jaIl. indicted, and in time
duly arraigned for trial. His was the
first case called ON the criminal docket.
Some weeks previous to the session of
the term of court at which Pattie was to
be tried, old Judge Stewart came to my
Office TO, if possible, effect compromise
of Pattie's case. There was nothing dis
honest in an offer of this kind on the
part of a lawyer, as it was a matter of
almost every day occurrence to accept
the services of one cOunterfeiter to Oper-
ate against others of his confederates,
thus turning the guns of the enemy
uSdlhSL lilCuIStINNs WIN sSlCoN 9u'SOoo-
"Pattie," said Judge s, SIS as guilty
dog as ever lived. But he is now hum
BILE and willing to help the government
officers break up the extensive ring of
of which he is n member"
1t so happened that had accepted the
services of another member of the same
gang, and had no use for those of the
Judges client, which / refused without
giving my reasons therefor, whereupon
the old lawyer said: 81 shall advise my
client to plead guilty and trust to the
mercy of the court If he refuses to take
my advise then God help him, for I can
do nothing for him, for the evidence is
too pointed and clear against him."
l then said, "If Pattie chooses TO plead
guilty, makes a clean breast of his crime
and promises to quit counterfeiting, /
will ask Judge Woodruff to give HIM a
light sentence"
This seemed to please Judge s. I'M
mensely, and he thanked me kindly.
Pattie must have refused to be guided
by his counsel's advice, for on the day of
trial, the case being called in court, he
stood up and pleaded mot guilty
The jury to try the case were selected
with great care by the government attor-
ney and the prisoners counsel. The re-
suit was the seating in the jury box of
twelve OF about as benevolent looking
men as one wonld wish to see. The ev-
idence produced against the prisoner
was of the most conclusive character and
more than sufficient to convict. There
was some sharp cross-questioning on the
part of Judge s., but no witnesses were
produced for the defense. At the close
of the government testimony the case
was all one way and the district attorney
had almost gone to sleep on the strength
of it.
AT the proper time the towering form
of Judge Stewart doomed UP. His
face wore a grave and serious aspect.
His disheveled, grizzly hair hung about
his wrinkled brow, and with his strange
ly fascinating eyes steadfastly fixed on
the jury, he slowly stretched forth his
lengthy arm, and placing his sinewy hand
on the head of the prisoner, he said in a
solemn manner, My son, stand up! 1
want the jury to see YOU" And then in
faltering voice the old man continued,
May it please your honor, and gentle
men of the jury: have been employed
to defend this poor unfortunate man be-
fore you. have received no fee, but few
of his friends have promised to pay me a
paltry sum TO come here and speak for
him. Upon his own account have
not word to utter, except that this is
the first time he ever appeared as a
prisoner before any court; bnt for the
sake of his wife and children, whom
most sincerely pity, and whose cause
am now pleading, stand here today.
have been informed, and have no doubt
of the truth of the statement, that the
wife is most worthy woman, and Who'll
ly dependent upon the exertOns of her
husband for daily bread for herself and
children.
At this moment the old man turned
his face towards the audience, and from
the motley crowd that filled the court
room there came forth a woman poor
ly clad, and possessing a remarkably
mournful and wOe-begone face. Cling
ing to her skirts in a half frantic manner
were five squalid looking children
Here" said the old man, again stretch
ing forth his powerful arm, taking tn,
poor detected looking woman by tn,
hand and turning to the jury, "are TIT
wife and children of this poor man. Coz
help them. 1t was to save them from
starvation that he committed the crim
i of which he is accused, and he don't de
} ny it. Nor do those vampires of society
: lat the moment shaking his long bon,
fore-inger at the detectives with the tear
} streaming down his cheeks,) dare TO den.
r the fact. Yet they pursue him and TIL
, innocent woman and these prattling Chi
: dren to the very threshold of destruction
that they may glut their merciless soul
4 upon the misery they have created. Thi
e heart broken mother" said the tearfu
e attorney in trembling voice, ralsin
l. the hand of the weeping woman by hi
# side, 'prays to heaven daily for her hu
n bands forgiveness, and she at this m,