The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1893-11-10

VIZ
LAWYER PURDY DRAINING THE BOTTLE.
drug, it being worse than the sandbag o.
blackjack in the hands Of highwayman
"There is enough poison in these bottles,
he continued, pointing to the connections
Ito kill small army"
| Nonsense" was the reply of Lawyer
Purdy. the prisoners counsel, and l vii
| prove it" He thereupon poured the stuff
down his throat while the prisoner invol
UNFAIRLY started from his seat.
/ A smile settled upon the lawyers face
as he held the empty bottle above his head
He thought he had won his case. But il
| was only for an instant. In the next he
turned CHASTITY pale, his legs trembled, and
| he fell into chair in drowsy swoon.
The jury brought in a verdict of guilty
/ without leaving their seats.
| 1t was evidently case where the crimi
| nal deceived his counsel.
Why Criminals Do Not Confess.
But having set out on career of folly
| the criminal is not to be expected to ex.
| hibit great degree Of wisdom in extricat-
| ing himself from the consequences of his
| acts. And one of the chief follies which he
community for his misdeeds is to conceal
the real facts Of his case from the counsel
whom he selects to defend him. This selec-
ton is not difficult, because in every COM
munity the ablest criminal counsel are well
known and are especially we'll known to
law breakers. But when a person charged
with crime has put himself in relations
with a lawyer he usually hampers the
abilities of his counsel at the outset by de-
claring his innocence, even if, as matter
of fact, he is guilty ''as charged in the in
dictment."
That the criminal does not as a rule
state the exact facts of his case to counsel
proceeds from these causes, among others:
He is not intelligent enough to see that it
is for his interest to tell the truth and the
whole truth. 80
He is suspicious of the entire and abso-
lutte integrity of even the most famous
counsel. s. Ges, s q e
He is afraid that if ne makes full con-
fession to his lawyer. the latter will, if not
voluntarily, perhaps by an unguarded ex-
preston, let the precious secret slip.
He fears that the zeal Of his counsel will
be quenched or his facilities obscared if he
knows that his client is guilty and just
how the criminal act was accomplished.
The natural desire of every man to stand
as high as possible in the estimation Of
those with whom he comes in contact op-
crates also in inducing the criminal to de-
ceive his counsel. Separated from the
world by stone walls-seeing, with the ex-
ception of his counsel, only keepers who de-
spise him and prisoners who regard him as
one Gagged felon always regards another-he
involuntarily longs for the respect of the SUI
perior person who occasionally visits him
in the discharge of professional duty and
with whom he is permitted to converse in
a separate room at a table. rs one citizen
with another free from the restraint of an
iron barred door.
Owing to these and other unwholesome
inducements, a criminal awaiting trial usi-
ally lies to his lawyer.
1t is fatal mistake, one of those blund-
ers that are worse than crimes. Jonathan
Wild, the great thief taker and thief teach
er, was wont to inculcate to his pupils in
larceny the policy of uniformly adhering
to truth wherever truth was practicable.
His argument was that truth required but
little effort of memory: that it WAS always
consistent with fact; required 10 invention
and was therefore easy to the feeblest in
tellect, and that, finally, lie was so precious
and valuable thing that it should never be
wasted, never brought into use unless alb
solutely necessary.
Facts and Theories.
The most ingeniousiy constructed false
narrative has larger or smaller spot of
rottenness and decay on its surface
Rank corruption mining all within
lntects unseen.
And the rude assaults of the cross exami-
nation by the public prosecutor soon con-
vert the whole ulcerous tissue into a mass
of debris fit only to be shoveled out OF the
courtroom. 1t requires great talent. far
beyond the modicum at the command of
the average criminal. to frame fictitious
condition OF events that shall consist with
the obvious and undisputed facts that are
connected with any crime whatever
Every crime is fact, and every fact that
has ever occurred in the history Of the
world is more or less directly connected
with infinitely numerous contemporary
facts, many of which are capable of beng
used as evidence. To suppress real facts
and invent others Is, therefore, like taking
away parts Of some delicate and intricate
machine and substituting Others. Only the
most skillful of artiticers could reasonably
attempt such task. and even he would be
apt TO come short of his designs.
The most experienced advocates say that
no false theory OF innocence OF a crime can
be supported If the attendant facts hap
pen 10 be numerously testified 10 by wit
nesses for the people, therefore. the accused
person, If guilty. should state TO his ceun-
sci the exact facts OF the crime. in order
that they may be toned down, qualified OF
explained away. Aside from the reasons-
bic nature Of this theory, tbs prisoner is
placed toward the court and jury in more
favorable attitude. since his defense does
not combat the entire truth. but only tends
TO she'd a different light upon it from ;ha,
CT the prosecution
There have been during the past two
years swo memorable murder trials in the
city Of New York, both carried On by the
people wholly on circumstaniiai evidence,
both for crimes Of similar character, and
both resulting in conviction On oIssInilar
schemes OF detanse-in one case the defend
ant testifvias in his own benah. in tie
ptLer case declining the witness cha.T-sud
the public nave believed that IN each Case
material facts were withheld frcEn counsel.
thus 6isaualnying them from dwelling
upon or explaining away incrininsting css-
EIustances sisATly proved Nothing IS SO
dangerous TO a defense IS an apparation Of
hostile fac. which an advocate dare nct
aerr and IN fact cannot On connetezf evil