Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-06-06
SHARP PRACTICE IN OHIO.
How n Man Who Killed His Partner
Got OF With a Fine of $40 and Costs

| Got OF With a Fine of SO and Costs.
| From the Chicago Times-H Herald. =
When I was reading law" said the
| judge, II was the student of an old-time
lawyer who was the widest old weasel that
ever hung out sign. He was strong with
the jury, and he was q wonder for shifts
and schemes that often keep cases from
| the twelve good men. 1 am reminded of
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 fur
| lively and in a 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 min
utes and jump the town.
Then he told his story. He had been in
! business about year with a partner who
was not the easiest man in the world, and
| lney had frequent clashes. We had re-
written their partnership agreement two
or three times and had patched up several
1ghts, so my preceptor was not surprised
TO learn they had been engaged in another
small war This one was serious. Our
client in his anger had taken a knife and
MORALLY cut his business associate The
wounded man had been taken to the hos
pltal by TWO of the clerks in the store and
tney rau returned with the opinions OF the
ooctors 10 the effect that death was a
matter of hours. The man might die in
twenty-four hours, and he could by nothing
| snort OF miraculous aid survive more than
iIoI.y-eisht. The wound was in the alb
domlnal region. AT the worst the crime
committed was murder in the second
nesfee and a matter of commitment for
NE Under the circumstances the ofrense
lhlSht be regarded as manslaughter only
ana our man in that case would gel hut a
twenty years sentence. Either event meant
social death and commercial ruin where
-. .oi tle unfortunate business man preferred
oh,
ana lily. What he wished 10 do was TO
transfer his property to my preceptor and
| HdFe the proceeds of their sale sent to him
,,, 'aI1ieson VIII live twenty-four hours,
WI ne! asked the lawyer Jameson was
Inc name of the man in The hosDJtaI. MOI
gan was our clients name
Yes replied Morgan, the physicians
sara ne might live two full DAYS
one day is long enough said the old
| man; one day will do for our purposes.
lou say no one knows of this affair but
| your TWO clerks%
| Ihey are the only ones They heard
our discussion and know what my provoca-
IoH was. 1hey saw me stab him.
| mere Bin, said my instructor in the
law. go down 10 MIR. Morgan's warehouse
anu bring those two clerks here Tell EN-
| 10 lock UP the place and come a-runnine;
Ihen he reached for Swans Treatise a
taIua9Ie DOCK for lawyers in Ohio, and
Turned to the criminal forms
II was back with the clerks in fifteen
| minutes and the old man had an affidavit
Drawn. 1t charged James Morgan with as
SauIt and battery upon the person of
1t'iuci jameson L took the paper over to
d heishbor!ns justice of the peace. He was
d man devoid Of inquiStiveness plain and
matter OF iact He could be relied upon
not 10 ask too many questions so that his
80, "re beyohd doubt One of the clerks
Went with me and made oath to the
charges. The justice at once issued a war
rant, ana at my request also gave me a
aypi'oehd lot the other clerk a witness
] n hi
coNhpatied the complaining witness and
myself 10 our Office Morgan was arrested
'he DINER clerk subpoenacd and the entire
party, with my crafty preccpror went back
20 The office of the magistrate Iorsan
pieaded guilty and the clerks were exam
iiieG as TO the circumstances. They told of
me Nispu'e, and said il had terminated bv
Ins prisoner striking Jameson two blows
Ihey told the truth. but not all of if The
Justice with some perfunctory advice to
Morgan 10 bride his temper in the furu-e
ined him SO and costs
HE money was paid, and my prcceptor
oiisn Alaue Inc only departure from the
customary procedure. Usually when a
client is fined the lawyer does not e.hihit
any mad desire to the fact spread on
tne record This time the lawyer instead
or leaving. asked the magistrate to make
MS docket entry of trial and Judgment AT
once The old justice demurred at first
Dut oVercame his indisposition TO labor and
spread MS minutes on his office record. lie
signed them and entered satisfaction of
! line and Judgment. Three hours after Nor
gan had MORALLY wounded Jameson he
nad been tired and convicted Of assault and
| bat terry
The next day Jameson died. He had
no near relatives In the city, but the hos
pital authorities sent out TO make INQUIRY
or Morgan and the two clerks as to the
manner in which the man had been hurt
Ana they also notified the police. Morgan
was arrested and was at once indicted by
me 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 a plea of azure
foits acquit' tpreviouS conviction) and prov
ed II by the justice Of the peace and his
records There is a provision in the Con-
suIution which prevents prosecuting a man
more than once for the same offense and
Morgan was discharged. The poor old mag
iStrate got a warm talk from the court
and my old pre2eptor was also reDroached
for sharp practice
But that is neither good law nor prac-
| tiCe,' objected a listener.
1T was good enough for Ohio at that
time. and 1t erainiy satisfied the pris-
oner. returned the narrator Of the story
1T might interest you to know" he con-
| cluded, that Morgan came to Chicago
after short time. 1t was not cheerful for
| him IN Ohio. All this took place thirty
| years ago, and Morgan is head OF a con-
| siderable business house here now