Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1883-07-12
A CELEBRATED CASE,
In Which a Rising Young Lawyer
and Silver TOngusd Orator"
Takes Leading
Part.
Brilliant Array of Counsel, Dis
tinguished Jurymen, and .
WOrld-famed Judge.

But TOR the timely interference Of
one Of the shining lights Of the court.
house (who was, perhaps, the only
reliable man in attendance an accoun,
Of one of the most noted cases ever
brought before our honorableC Criminal
Court, and also one in which unsur4
passedly brilliant counsel, distin.
guished judge and professional Jury
men figured conspicuously, would for
ever have remained unwritten. We
are not at liberty to furnish the name
OF this public benefactor for the rea>
son that be is hot in a position to acs
cept the honors which would be show
cred upon him by generous and
thankful public:
One OF the most interesting cases on
record was before the Criminal Court a
few days since, in which one of the most
promising young lawyers was charged
with larceny" Judge Jimmie Hunter
represented the State, and the Hon.
| Walker Kennedy, of the Avalanche, was
the counsel for the defendant. A promi-
nent young man was promoted to Judge
on this occasion, and the twelve Jurors
were composed of lawyers, Colonel Doug
lass and Hon. P. M. Winters being prom
inent among them.
Judge jimmie Hunter opened the case
in very brilliant manner, saving that he
knew the defendant must be guilty, from
the tact that he wears too many good
clothes to come by them honestly, and /
have visited all of the tailors in the city
just to find out how the defendant got
them, and | learned that he leaves his
measure for suit of clothes and sends a
boy after them when they are, finished,
and he has fly time in them for a few
days, and then returns them, stating that
they do not fit. In the meantime he
orders another suit from another tailor
and treats him likewise. 1 don't mind
that, gentlemen; he may be guilty of a
little criminal intent, and / would be
willing &c give him the benefit of doubt
had l not seen him sneak off from a
crowd and go and take a drink by him
self. | tell you, gentlemen of the Jury.
that man who drinks by himself Is
bound to steal, and it is your duty to con-
vict him"
The Hon. Mr.. Kennedy, on behalf of
the defendant, spoke in very pathetic
manner as follows: MAY it please the
Court and gentlemen of the Jury, had nv
client been charged with any other crime
in the calender, then l would have SUBJ
mitted the case; but, gentlemen. l have
had talk with the defendant, and he has
convinced me beyond doubt that he is
not guilty, aud know that if he could
make statement that he could satisfy you
OF his innocence But His Honor decided
that he could not make a statement Il
tell you, gentlemen, that the Judge is
working himself out of job, and running
the profession of every other lawyer in the
land. he is trying to educate everyone
to defend themselves. He says that the
defendant may make statement in re-
gard to to the evidence, Just the same as
lawyer would do. If the defendant does
that the result will be that all of us law
yers will have TO turn back to the pillow
for living" And at the thought of hav-
ing to earn living in that manner he
tainted away, and had to be carried
out.
The Judge pro tenn charged the jury as
follows Gentlemen, the gentleman at
the bar is charged with larceny. | deem |
it unnecessary TO define to you what lar
ceny is, from the fact that | know every |
one Of you are thieves. and that you will |
steal every time you have chance, and
that you are just as familiar with the law |
as the court itself. In olden times they |
never had any Judges, but after time |
the shyster profession found clever sort |
of fellow among them who did not have
sense enough to make a speech and could |
not make a living and they took pity on
him and put him on q bench and called |
him Judge. That is where the word |
Bench originated. Finally the poor tax
ridden people rose up in rebellion and re-
fused to pay the Judge, saying he never
did anything and was not entitled to nav.
The nonsensical profession held consult
tation, and agreed to write a speech ON
both sides of each case and lot the Judge
read it, saying it would satisfy tho people,
and in accordance with that custom | have
10 make talk on both sides of the case
or as the learned and distinguished hypo-
critics OF the present. day call it, charge the
jury.
Larceny is the felonious taking or car
rying away the personal goods or effects of
another. There are four kinds of larceny
petty, grand, commendable and dis
larceny.
Petty larceny is the felonious taking or
carrying away the personal goods or eff
tects OF another under the value of thirty |
dollars, should il exceed that amount
1t is then grand larceny. Commendablai
larceny is 10 steal without being capgAt, I
larceny is to steal any
over one million dollars and COM
promise with the owner BY giving half of
1t back. The case before US, gentlemen, is
petty larceny, the defendant is charged |
with taking A75 from the plaintiffs. You
are to take the evidence from tina witness
stand and the law from tho mouth of the
Court. In ancient times, gentlemen, thero
were about three men TO one situation. and |
these two-thirds who had nothinr Ia do
held a consultation and agreed TO establish
laws, with the understanding that thew
were to make overy honest ayocation a
crime, and punishable by law, and the
result was that every honestly disnosad |
person had To resort to dishonesty in order
to avoid the law. The LAWYERS arc ro'
sponsible for the diishonesty In the laadto-
day. - wv '''''A "
The lawyers ara class of people who
nave tried every other avocation in life
ana having failed, have resorted to the |
practice of law as last alternative aaa, I
p accordance with the ancient custom,
the Court has to permit tAsm 10 say some
thing in order 70 dUpe their. client into
the belief that they have earned their fee.
hut gentlemen, the Court warns you 10 |
discard everything from your MUD which
the counsel have said to YOU about tbis
case You are to tgks the evidence from
the witness stand and the law FROM The
mouth Of the Court You are tho supreme
Judges, You enter upon this investigation
With the presumption that the defendant
Is NOT guilty Of any crime, and this pre-
sumption stands as a witness for him
until It IS rebutted and overturned by
therefore, incumbent on tao State before
you can convict the defendant "a astah