Daily Yellowstone journal., 1891-04-26

the OtnefS lAuBheu Anen nc ootus AOo
are accused, John COrkins, Of burgiau-
ously entering Hayes g. Mead's jewelry
store and stealing $4,000 in money from
their safe"
Farming would nave demonstrated fur
Their, but seeing that it was useless he
wisely forbore and submitted to being
searched and locked up for the night.
at is w~retchedly unpleasant, he said TO
himself, but no doubt it will be all
cleared up in the morning. IL cannot be
that any police justice viii hold me on
the charge Of burglary" And he smoked
q cigar which he had been allowed 70 re-
tain, and tried with rather poor success
to sleep.
But in the morning ne found that it
was altogether possible for such a thing
to happen. The magistrate before whom
he was brought for examination was q
stern though not unkindly man, who
seemed disposed to do exact justice, and
who listened at~tentively to what Fan
ming had TO ay, but the testimony Of
the police was so positive that he had
really no discretion in the matter.
If you are really a New York ply
sician," be said TO the prisoner, you
will have no trouble in establishing your
identity. In the mean time ! shall held
you for trial in $4,000 bail. Have you
any COUNSEL
On learning that the prisoner had not
considered it necessary to secure q Law
yer, the Judge SMILED somewhat gumly
and told him that no obstacle would be
put in the way Of his doing It, and then
Planning wa led away to his ell he
was confused, almost stunned, by the
gravity Of his situation, and when the
keeper spoke. not unhndly, to him he
only answered: Il must think it Over. |
do not know what to do"
The more he thought the more serious
the case seemed, although no doubt Of
his acquittal yet entered his mind. To
give bail was impossible without send
ing 70 New York. and he wa reluctant
TO apply to any Of his acquaintance for
such a favor. Possibly it would be use
less 70 do so. A bOndsmAn would have
TO own real estate in the county. he re-
membered. But when the ~ should
come 70 trial there would be no difficulty
surely in establishing his identity. Mean
time it would be well TO secure a lawyer,
as the judge had intimated-
He did so. but the result Of his first in
terview with Mr.. PlAyfair, who wa rec
commended TO him, wAs that that gentle
man, having talked with the police be
fore he saw Tanning, decided in his own
mind that he had a criminal, and a
remarkably foolish one, for a client.
He limited as much after he had ques-
toned Tanning. Remember" he said,
that it is the worst possible policy TO
conceal anything from your counsel"
Thereat Tanning few in a rage-a
most uncomm thing for him 20 do
and Cane near quarreling with his best
and only friend, though he was only a
hired attorney. However, Playfair apollo
gized-for he had pOcketed a very liberal
fee-and sinoothed his client down by
promising 10 exert himself and ID the
very best hc could. To do him Justice.
he really Intended 20 dothe best he could
for himself. He had no hope Of clear.
ing his client. hut 40 least be could get
considerable money out of him. IL sd
happened that he wanted 90 go ~ New
York ON some business Of hi- own and
he suggested-partly 20 try his client.
sincerity. but also with an eve 90 person.
al thrft-that if his expenses were paid
he would 20 himself and bring back one
or two witnesses who would testify q
flaming identity.
The philosophical reader viii perceive
two simple uut invaluable morals II
what followed First. that when JUS
tice Is dependent upon legal processe,
q. --MMH A.aH-H .. lin "a
proof. uo matter hOw Insignificant II
may seem OF how overwhelming Other
u evidence may Doe. The second is thai
circumsflutial evidence is not worth tn,
trouble OF remembering, if II can on any
hypothesis whatever, be interpreted II
more than one way. Innocent men hav'
been hanged on circumstantial evidence
because the true explanation Of the cir
cumstances seemed far fetched and un
reasonable. And how should this not b
so when circumstances happened a thel
did 10 convict Tanning:
Yes, he would send Playfair 10 New
York certainly, and would pay his ex
penses. and be indebted greatly 10 hin
for going. It happened that on starting
on his travels he had closed his bank &C
count, drawing out almost $1,000, an'
he had nearly the whole amount wit
him when he was arrested. "A fact whcl
told against him afterward. Money wa
Z of little value TO him in comparison witt
; the establishment Of his innocence. an'
he unhesitatingly counted out as mucl
|: as Playfair asked for, seeing which tn
latter instantly reproached himself 70
fba last tima in his life for not aekinl
] for more. He c~ontented himself, how
D ever, with the thought that the case wa
still young, and asked for instructions a
3 to how he should proceed when h
q reached New York.