The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1891-05-07

his acquittal yet entered his mind. To
give bail was impossible without send
ing to New York. and he was reluctant
to apply to any Of his acquaintances for
such favor. Possibly It would be use
less to do %. A bondsman would have
to own real estate in the county, he re-
membered But when the case should
come to trial there would be no difficulty
surely in establishing his identity. Mean.
time It would be well TO secure lawyer,
a. the judge had intimAted.
He did 90, but the result Of his first In
tsrview with MT. PlAyfair, who was REQ
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 q criminal, and
remarkably foolish one, for . client.
he hinted as much after be had Ques-
toned Tanning. Remember" !" he said,
"that IL Il the worst possible policy TO
conceal anything from your counsel"
Thereat Tanning AsW in . Tage-a
most uncommon thing for him to do
and came near quarreling with his best
and only friend, though he was only .
hired attorney. However, Playtair apollo
gized-for he had pocketed q very liberal
fee-and smoothed his client down BY
promising to exert himself and do the
very best he could. To do him justice,
be really intended 10 do the best he could
for himself. he bad no hope Of clear
ing bis client, but ct least he could get
considerable money out Of him. Il 20
happened that he wanted to go to New
York on some business Of his own. and
he suggested-partly to try his client's
sincerity, but also with an eye to person
al thrift-that II his expenses were paid
be would 60 himself and bring back one
or two witnesses who would testify to
Fanning's identity.
The philosophical reader will perceive
two simple but invaluable morals In
what followed. First, that when jus
tice is dependent upon legal processes
II will not do to neglect one point Of
proof, no matter how insignificant II
may seem or how overwhelming other
evidence may be. The second is that
circumstantial evidence is not worth the
trouble Of remembering, II It can, on any
hypothesis whatever, be interpreted in
more than one way. Innocent men have
been hanged on circumstantial evidence.
because the true explanation Of the cir
cumstances seemed far fetched and IN.
reasonable. And how should this not bO
50 when circumstances happened a. they
did to convict Tanning?
Yes, he would send Playfair TO New
York certainly, and would pay his en-
penses, and be indebted greatly to him
for going. 1t happened that on starting
on his travels he had closed his bank &C,
count, drawing out almost eI,OO0, and
be had nearly the whole amount with
him when he was arrested, Q fact which
told against him afterward. Money was
Of little value to him in comparison with
the establishment Of his innocence. and
he unhesitatingly counted out as much
a. Playfair asked for. seeing which the
latter instantly reproached himself for
the last time in his life for not asling
for more. he contented himself, how.
ever. with the thought that the case wap
still young, and asked for instructions a.
TO how he should proceed wnen he
reached New York. ...
Tanning reflected for Q few momenta
Then be said; Naturally | do not want
the story Of this thing to get about Il
viii be enough II you go to DR.. Sandring.
ham and TO Mr.. James Friend. Tue
doctor knows me professionally and Mr..
Friend has charge Of some business In.
terests Of mine. ! will write lettoFS 10
them and you can explain the case fully
Would It not be well TO take your
photograph alsoT" suggested Playfair.
Il never had Q photograph taken"
said Tanning.
"wecan have one taken easily enough
Gaid the other.
"What possible necessity is there for
thatT' asked Tanning ''The lettsrs win
be enough"
The photograph. therefore, which
might very probably have changed the
whole current Of affairs afterward was
not taken, and Playfair, after two or
three more interviews with his client
and after arranging with the district at.
toTney for Q trial within . months time.
started for New York.
Tanning. left to himself In . most dis
agreeable predicament, summoned all
his philosophy to his aid, and succeeded
fairly well in reconciling himself 10 the
situation. He had always prided him
self on his philosophy, and felt thrill
Of gratifed vanity in finding that Il was
serviceable stuff and not mere theory.
Il am in prison, II IL true" ho reason
ed, "but luckily It IL for no fault Of my
own. therefore no disgrace really At
taches to the fact, and the seeming dis
grace will soon be wiped away. There
Ia no one on earth who will suffer any
pain or suspense on my account, and for
this once | can congratulate myself on
the fact that am entirely alone In the
world. Meantime q month is taken out
Of my life Or Is Il really sOI I am
having q disagreeable experience. but
after all it IL an experience, and ! can
make It serve in the development Of
character II I choose"
He did so choose, and spent the time
Studying and meditating. he was al
lowed to use his own money, and lived
well at exorbitant prices, besides getting
the use Of what few books he wanted,
for the jail servants were ready to do
almost anything for him 90 long as he
paid them.
As the day Of his trial drew near,
however, he began to b very apprs-
hensive. He had only heard once iEumi
his lawyer. having received . alnelo
letter from him, written On the day Of
his arrival In New York, and Of cours0
containing no information beyond the