The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1894-02-27
WHAT WON THE AcovlrrAL,
A Lawyer's Remarkable Plea Whom His
CLIENTS Case Seemed Hopeless.

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A Lawyers Remarkable Plea Whom His
Clients Case Seemed Hopeless.
A prominent lawyer Of the Lone Star
State, who recently visited New Orleans, re-
lated to q reporter the following story Of
murder trial in his Texas home:
The prisoner was on trial for his life.
The evidence had all been heard. The states
attorney had just taken his seat after most
incisive statement of the evidence, wherein
he demonstrated the utter failure of the
prisoners theory of self defense The coun-
sci for the prisoner was q stranger, too,
known only by reputation to the Judge and
bar, and that reputation was one OF great
ability, perfect integrity and a marvellous
knack of 'snatching verdicts" each time
by some new turn. This gaunt, yet grace
full, gray headed man arose, seemingly
without looking at tho jury, though each
man felt he was under the power of that
wide open eye. After bowling to the judge
and saying few almost inaudible words
Of courtesy to his honor, he turned to the
prisoner and said:
''Youmust die, John-die by hanging. It
will be for no fault of yours, by no fault Of
the judge, or of his jury, or of the good peo-
pie Of the county; neither will it be any
fault of the law. The law OF Texas Ia all
right, though you die innocent. The law,
though its machinery may sometimes ex-
pose perjury, can't always prevent the false
swearing of witnesses. Judges and juries
have not the power, though they sometimes
exercise the authority, of Almighty God.
They couldn't look down into the souls OF
those perjured witnesses and see the malice,
hate and private purpose that colored and
twisted all the facts. We can't help it
now. You must die as you have lived, like
a brave man. l don't need to tell you that.
The woman who bore you, three months
before you saw the light of heaven, carried
in her arms from one of the bloodiest
fields of the late war the bleeding, senseless
form of your father, while shot and shell
still shrieked and the groans of the dying
filled the air.
And your father, whose MANNED body
we laid to rest last week, was not matched
In all this land. These trusted you, and
their blood can betray no trust. The only
message he sent you was Tell him we be
lieve in him. We will lay you beside them.
In few days this old white head will be
laid next to you. III not be ashamed to be
buried soon beside you, John. You are Sc
like the other John, that / sec the visions
of happy boyhood while gazing into the
same true eyes-confused with these is the
pride ! have taken in my friends boy.
| While we lay these bodies in the church
yard over the mountain we'll appeal this
case, Wen try it all over again up yon
! der"
Then, In a few of the boldest and grand
est figures, he sketched his idea of a trial in
heaven, where, as he said, in that glorious
| presence the false witness is dumb and the
inerrHnt judge needs not the aid of counsel
or Of jurors" Then he pictured the eager
ness with which the mother and the calm
confidence with which the father awaited
heavens verdict, the quick rush, the en-
trancing, soul satisfying embrace of both al
the words, mot guilty" Then, taking NJ
both hands of the prisoner, he looked dowr
| in his face for II moment steadily, then
bending forward with mother like tender
ness, kissed him twice on the forehead, say
ing in whisper audible to all: I'VE cur
wait for that? So goodby, John my boy :
Bowling respectfully to the judge he tool
his seat, still holding one of the prisoner,
hands.
The district attorney, who through al
this sat with his back half turned to tn,
speaker and to the jury nervously and ex
citedly chewing his to0thpick and crossing
and recrossing his legs, began repl,
which quickly ended after good look a
the Jurors faces in stamInering reuues
to them to do their duty. The judge
chnrge was scattering. lie seemed Il
scarcely know what he said. The jury die
not hear him. Not the slightest incident
occurred to break the spell. They wen
out, returned, and In very few moment,
the verdict of mot guilty" was recorded
What was the force that worked" this re
sultP-New Orleans Picayune.