Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1891-08-27
A Lost Case Won.

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This tale might be entitled, Chow a
Case Was Won At er 1t Was Lost" says
it illustrates how easily a man may get
into trouble and how hard it is to get
out of it, Again, it shows that if one is
at all in danger of running atoul of the
law, some, or at least one of the small
towns OF Michigan should be sedulously
avoided if he besa stranger within the
gates.
A Detroit gentleman and his wife
were at loggerheads. The wife left her
husband, went to live with lady friend
in small town not far from Detroit,
and instructed her solicitor in this city
to file bill for divorce. Soon after the
lawyer met the husband, and, being a
mighty decent sort of lawyer, he said:
"Look here. what's the use OF con-
tinuing this unseemly squabble? Why
don't you go out to see your wife and
become reconciled with her %
The husband took the advice and
started that evening for the town in
which his wife was stopping, arriving
there at 1890. He fastened with beat
ing heart toward the house at which his
estranged spouse was living. When he
was near IL, W LIS llC CNW
approaching him, and but a few yards
from him, his wife and man from De-
troit. At once he concealed himself
and the pair passed without dreaming
of his proximity.
He passed on and hurried to the
house of lady friend, whom he met
at the gate. He was wild with excite
ment, but the lady succeeded in paclty-
ing him somewhat. Then she asked
him to walk with her couple of blocks
to cool his temper.
He complied. AS they we're strolling
along he had occasion to open his
"grip'' for a handkerchief, and as he
did so the lady friend caught sight OF a
revolver He explained, in answer to
her inquiries, that his father-in-laW
had threatened to shoot him on sight
and that be had merely taken the re-
volver with him for protection,
Well, the walk ended with all Of the
disturbed gentleman's ruftled feathers
smoothed and his mind so equable that
he walked away amiably from the
friends house with the other
Detroiter. What was his surprise on
the next morning when he found him
self arrested for carrying concealed
weapons on a warrant sworn out by the
lady friend. His first move was to send
to Detroit for {. J. OFlynn. who went
gage a lawyer of the town, so as to
avoid, if possible, awakening local
prejudice. Then came the trial.
When Mr.. O'Flynn entered the court
room and found that nobody, justice in
GUIDED, wore a necktie, and that the
crowd generally had an unwashed APP
pearance, he regretted his fine clothes,
and so kept himself in the background.
He noted signs of prejudice on His
Honor's part, and so demanded jury
trial. Then he left the rest to the local
counsel Nothing was gained, however,
by having a jury. The clients doom
was sealed and he was convicted.
Foreseeing this contingency, Mr..
O'Flynn had had the defendant ar
range for bond of $500 on appeal, for
he felt certain that the justice would
not be lenient. He was right IN taking
this precaution. The justice imposed a
fine of $50 and ordered the defendant to
furnish bond of ST 900 to keep the
peace.
Now. here was the situation: The
man, being a stranger in the town, could
furnish no such bail. Consequently he
would have to go to Jail. This was what
the prosecution and the defendants
enemies wished. 1t was not so much
that they wished the man fined. They
desired to have him jailed.
At this time, the defendants case
might certainly be considered lost. This
is how it was won:
"Weappeal ~ exclaimed Mr.. O'Flynn
at once.
The Justice fixed the bond on appeal
at $500, the highest notch. The bond
and surieties were ready for him, how
ever.
"Now," His Honor said, chow about
the ST. 900 bond to keep the peace ?"
eve don't intend to give any such
bond" said Mr.. O'Flynn. "We have
appealed from the whole Judgment, not
from part Of it."
A legal wrestling match ensued, dur
ing which the audience murmured ap
plause at all the Justices remarks.
At last His Honor declared that he
would not accept the appeal bond I'M
less the bond to keep ~the peace was
given. and that the defendant would
have to go to jail.
eff you send my client to Jail under
such circumstances, said Mr.. OFlynn,
81 will have you prosecuted Tor false
imprisonment"
This staggered the justice SO that he
adjourned court to consult an eminent
iurist living in the town-a retired SUI
preme Justice. Then he returned and
very quietly acknowledged that Mr..
O'Flynn's position was the correct one,
and that the appeal bond was sufficient.
The defendant thus escaped jail. And
that is how the case was won after it
was lost
Mecca OF Death.