Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1896-06-04

II is their duty to do their utmost to
save their clients. 1t makes no differ
ence what man may be charged with;
1t is the duty of his lawyer to prevent
his conviction, il possible. 1t is pro-
fession, and the first principle to be in
culcated in young lawyer is to have
him put himself in the place of his cli-
emit and do the best things possible for
him. In the next place, u criminal law
yer must assume, if possible, that his
client is innocent.
"Many an innocent man has been con-
victed on circumstantial evidence. The
law books show that many an innocent
man has been hanged, because of cir
cumstances indicating his guilt. When
I was practicing law made it my firm
resolve to save the life of every man who
committed himself to my keeping. /
always assumed that my client was in
nocent, unless he confidentially con-
fessed to me. In such cases did my
best for him anyway, because l felt it to
be bounden duty to do SO. ......
"But to return to my last case. Twas
practicing law in Nevada and had quite
a reputation as a criminal lawyer. The
rougher element felt that, they were
safe in placing their interests in my
keeping. They had confidence in me.
Consequently when a. man named
O'Brien had been killed on a mining
claim by man named Ellis, and Ellis
was arrested, he sent friend to retain
bill Stewart to defend him. accept
ed the case without making inquiries as
to the details and particulars. Just be-
fore the trial looked into the case, and
it certainly did seem almost hopeless
for Ellis. 1 could find no plea on which
to defend him. The community were
prejudiced against him, and some of
my best friends said that ought not to
defend him. But that made no differ
ence to me. I had accepted the retainer
fee, and it was my duty to save the life
of the prisoner, if possible. He sent for
me again and again, but / refused to go
to the Jail to see him. merely sent
word that would be on hand and de-
fend him. He was obliged to be salts
fled with my message. / believed that
he was guilty, and did not want to talk
with him. l was sure that he would
confuse me.
ITO understand my plans you must
understand that only one year before
that time young Irishman had been
convicted of murder on circumstantial
evidence. His attorney was now the
presiding judge. The priReipal wit
ness against my man Ellis had been the
principal witness against poor Barney,
whom everybody believed to have been
innocently hanged for crime which he
did not commit. My plan of defense
was simple. / intended to prejudice
the judge and jury against the witness.
If could do that i could save my client
Otherwise he must hang. There was an
other witness who was afflicted with the
habit of suffering. When excited he
could not utter word. / had no wit
nesses for the defense, and concluded
to clear my man with the witness for
the, prosecution. There had been row
oil the mountain side, and the evidence
showed that Ellis had murdered OBrien
without provocation, save that the dead
man had claimed prior right to the
mine which Ellis had taken possession
OF, and which he declared his intention
to defend. ODrien had gone into the
mountain to assert his claim, and Ellis
had killed him in the presence of two
witnesses. -gl ..H...l.. "a. ~
s"The time came for trial, and was
there. Ellis wanted totalk with me in
the court room, but / sent word to him
TO keep his mouth shut until after the
trial was over. He sat in the dock and
looked mt me most wistfully; but +
knew that he had confidence in me as
a criminal lawyer, who had never lost
a case. / allowed the prosecution to
make out a case with its witnesses, and
WHEN it came to my turn called the
principal witness onto the stand, and
said: 80
~ "..l on, swore away the life of''poor
Barney last year, Veal know that you
Ewore away the, life of that poor boyf
You seem 10 make a, busness in testify
ing In such cases You evidently like
TO place yourself in aposition where you
can, swear away human lives. Every
body knows that poor Barney was limo.
cent; and yet he was hanged altogether
on your testimony. don't know what
you have against Ellis here; but, OF
course. you have a grudge OF some
Kind