The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-07-10
HE SAVED HIS CLIENT
HOW HE ouPEo a MAGISTRATE AND
CHEATED JUSTICE.

pened Thirty Years Ago.
when was reading law" said the
judge, u was the student Of an oldtime
lawyer who was the widest old weasel
that ever hung out q sign. He was strong
with the jury, and no was wonder for
shifts and schemes that often keep cases
from tho IL good men am reminded of
confidence game he successfully worked
on the courts to the prejudice of the ad-
ministration Of Justice In Ohio. One of his
clients came into tho Office one day very
pale and shaky. He looked about him
furtively and In n scared way, as O lost dog
takes sight up ON alley
1 am In q bad fix, said the man. and
L 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 a year with partner who
was not tho easiest man in tho world, and
they had frequent clashes We had rewrit.
ten their partnership agreement two or
three times and had patched up several
lights so my preceptor was not surprised
to learn they had been engaged in another
small war. This one was serious. Our
client had taken knife and MORALLY cut
ms business associate. Tho wounded man
had been taken to the hospital by two of
turned with the opinions of the doctors, to
the effect that death was q matter of hours.
Tho man might die III 2i hours, AID he
could by nothing short of miraculous aid
survive more than AZ. The wound was In
the abdominal region. At the worst the
crime committed was murder In tho second
degree and q matter of commitment for
life. Under the circumstances the offense
might be regarded as manslaughter only,
and our man in that case would get but
20 years sentence. Either event meant
SOCIAL death and commercial ruin, where
fore tho 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 tho proceeds Of the sale sent to him.
Jameson Will live "a hours, will hep
asked the lawyer. Jameson was the name
of tho man in the hospital. Morgan was
our clients name
Yes replied Morgan, the physicians
said he might live two full dnys.
Ono day Is long enough said tho old
man. One day will do for our purposes
You say no one knows of this affair but
your two clerks?'
"'They are the only ones They heard
our discussion and know what my provo
cation was. They saw mo stab him.
Here, Bill, said my instructor In the
law; go down to Mr.. NIorgan's warehouse
and bring those two clerks here Tell 'cm
to lock up the place and come a-running.'
Then he reached for Swans Treatise
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 l took the paper oyer
to ncighboring justice of the peace He
was man devoid of inquisitivcness plain
and matter of fact he could be relied
upon not to ask too many questions, SO
that his fees were beyond doubt Ono of
the clerks went with me and made oath
to the charges. Tho Justice at once issued
q warrant, and at my request also gave me
subpoena for tho other clerk as a wit
ness. The constable took the warrant and
accompanied the complaining witness and
myself to our Office. Morgan was arrested,
the, other clerk subpenacd, and the entire
party, with my crafty preceptor; went
back to the Office of the magistrate Nor
gan pleaded guilty, and the clerks were
examined as to the circumstances They
told of the dispute and said it haditermi-
mated by thu prisoner striking Jameson
two PR} low ,o,s tho trntb ~. not au,o, :.
TO Morgan to bride his temper III the fu-
ture, fined him $40 and costs. The money
was paid, and my preccptor then made the
only departure from the customary pro-
oedure. Usually when client fined the
lawyer docs not exhibit any mad desire to
see the fact spread on tho record This
time the lawyer, instead of leaving, asked
che magistrate to make his docket entry of
trial and Judgment at once. The old JUS
flnr -rNrI al 4.
indisposition TO labor and spread his min
utes on his office record. He signed them
and entered satisfaction Of fine and judg-
ment Three hours after Morgan had
mortally wounded Jameson he. Ind been
tried and convicted of assault and battery
The next day Jameson died He had
40 near relatives in the city, bat the hos
pttal 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
was arrested and was at once indicted by,
the grand jury, which was thsn In session
The jails of Ohio were not bullying with
criminals and the court doekets were not
months In arrears Morgan was charged
with murder. His case caIae up for trial
In perhaps ten days Then my preceptor:
astonishaa tho court and the prosecuting
attorney. He interposcd a plea Of auter-.
foits aoquit (preyious aonviction) and
proved Id by the justice of the peacaand
his records There Is a. provision ofs the
constitution which prcvants prosecuting q.
man mare than once for the Same oaenses.
and Nargan was disctsrssed. The roor old
magistrate got n warm tGlk from tlTeeourt.
and nay old precepto-tSyas also rearpachea
for sharp practice"
But that is ncitifeTr good law norprae-
tiSa," objected a listanar