The Portland daily press., 1896-07-15
HE SAVED HIS CLIENT.
A Man who Committed a Murder and wSS
Indicted by the Grand Jury Escapes Be-
pened Thirty Years Ago.

"When I was reading law said the
judge, "I was tho student Of an oldtime
lawyer who was the widest old weasel
that ever hung out a sign. He was strong
with the jury, and he was a wonder for
shifts and schemes that often keep cases
from the 10 good men. I am reminded of
a confidence game he successfully worked
on the courts to the prejudice of the adj
ministration Of justice in Ohio. One of his
clients came into the office one day very
pale and shaky. He looked about him
furtively and in scared way, as a lost dog
takes sight up an alley.
I am in bad fix, said the man, and
want to put my affairs in shape in five
minutes and jump the town
''Then he told his story. He had been in
business about q year with partner who
was not the easiest man in the world, and
they had frequent clashes. We had rewrit-
ten their partnership agreement two or
three times and had patched up several
fights, SO my preceptor was not surprised
to learn they had been engaged in another
small war. This one was serious. Our
client had taken a knife and mortally cut
his business associate. The wounded man
had been taken to the hospital by two of
the clerks in the store, and they had re-
turned with the opinions Of the doctors, to
the effect that death was matter of hours.
The man might die in "a hours, and he
could by nothing short of miraculous aid
survive more than 49. The wound was in
the abdominal region. At the worst the
crime committed was murder in the second
degree and matter of commitment for
life. Under the circumstances the offense
might be regarded as granddaughter only,
and our man in that case would get but
90 years sentence Either event meant
social death and commercial ruin, where
fore the unfortunate business man prefer
red to toss his business chances up in the
air and fly. What he wished to do was to
transfer his property to my preceptor and
have the proceeds of the sale sent to him.
Jameson will live "a hours, will hep
asked the lawyer. Jameson was the name
of the man in the hospital. Morgan was
our clients name
Yes, replied Morgan, 'the physicians
said he might live two full days
lone day is long enough, said the old
man. One day will do for our purposes.
You say no one knows Of this affair but
your two clerksp'
They are the only ones. They heard
our discussion and know what my provo
cation was. They saw me stab him.
Here, Bill, said my instructor in the
law; go down to Mr.. Morgan's warehouse
and bring those two clerks here. Tell EN-
to lock up the place and come a-running.
Then he reached for Swans Treatise, a
valuable book for lawyers in Ohio, and
turned to the criminal forms
II was back with the clerks in Is min
utes, and the old man had an affidavit
drawn. 1t charged James Morgan with
assault and battery upon the person of
Samuel Jameson / took the paper over
to neighboring justice of the peace. He
was man devoid Of inquisitiveness, plain
and matter Of fact He could be relied
upon not to ask too many questions, SO
that his fees were beyond doubt One Of
the clerks went with me and made oath
to the charges. The justice at once issued
a warrant, and at my request also gave me.
a subpoena for the other clerk as wit
ness. The constable took the warrant and
accompanied the complaining witness and
myself to our office. Morgan was arrested,
the other clerk subpnnaed, and the entire
party, with my crafty preceptor, went
back to the office of the magistrate Nor
gan pleased guilty, and the clerks were
examined as to the circumstances. They
told Of the dispute and said it had termi-
mated by the prisoner striking Jameson
two blows eF
sThey told the truth, but not all of it,
The Justice, with some perfunctory advice
to Morgan to bride his temper in the fr-
ture, fined him $40 and costs. The money
was paid, and my preceptor then made the
only departure from the customary pro-
cedure. Usually when client is fined the
lawyer does not exhibit any mad desire to
see the fact spread on the record This
time the lawyer, instead of leaving, asked
the magistrate to make his docket entry of
trial and Judgment at once. The old JUS
tice demurred at first, but overcame his
indisposition to labor and spread his min
utes on his Office record. He signed them
and entered satisfaction of fine and iudg-
ment. Three, hours after Morgan had
nortally wounded Jameson he had been
tried and convicted of assault and battery.
The next day Jameson died He had
no near relatives in the city, but the hos
pital authorities sent out to make inquiry
of Morgan and the two clerks as to the
manner in which the man had been hurt.
And they also notified the police. Morgan
WIS dTTSSUeu aHQ WIS do OECo llulcUeQ DY
the grand jury, which was then in session.
The jails of Ohio were not bullying with
criminals, and the court dockets were not
months in arrears Morgan was charged
with murder. His case came up for trial
in perhaps ten days. Then my preceptor
astonished the court and the prosecuting
attorney. He interposed plea of auter-
foits acquit (previous conviction) and
proved it by the justice of the peace and
his records. There is a provision of the
constitution which prevents prosecuting
man more than once for the same offense,
and Morgan was discharged. The poor old
magistrate got a warm talk from the court,
and my old preceptor was also reproached
for sharp practice
''But that is neither good law nor prac-
tice," objected listener
''It was good enough for Ohio at that
time, and it certainly satisfied the prison
er,' returned the narrator of the story.
SIT might interest you to know he
concluded, 'tthat Morgan came to Chicago
after a short time. 1t was not cheerful for
him in Ohio. All this took place 80 years
ago, and Morgan is the head of a consider
able busiuesr bO1Sa here potu (,l,;-