Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-01-11
HAD NO WIFE AND CHILDREN.
Yet Lawyers Effective Plea for Them Ac.
quilted the Prisoner.

John insolvency of Ohio. chief cOun-
sci in the famous star route" trials
in Washington, was one of the most
eloquent pleaders who ever practiced
at the American bar. His success in
jury trials was phenomenal and be
rarely failed to capture the jury with
his eloquence, no matter how adverse
the evidence might be.
AS a rule" he once remarked. Il be-
lieve lawyers do not watch the jury
box closely enough. I've seen many a
case talked to death after il was won.
| study my jurors from the very begin
ming of the case and believe ! can tell
pretty nearly what they are thinking
about. Whenever / find that the Jury
is with me ! quit, no matter where it
leaves my speech. I've often stopped
speaking even before | reached the
summingup point. This may be dam
serous to mans reputation as an ora
tor, but it does not impair his useful
ness as successful attorney
ON one occasion Mr.. McSweeney was
engaged as counsel for the defense in
California murder trial The case
Looked hopeless. There was not a link
missing in the chain of guilt which the
prosecution had welded To the sur
prise of everybody Mr. McSweeney sub
mitted no evidence for the defense.
Believing that the trial was won, the
states attorney made only few per-
1unctory remarks in conclusion, and
then the great Ohio pleader faced the
jury to make the concluding argument
lie began in quiet, friendly. con-
versational tone such as one might use
in discussing the weather. No refer
ence was made to the murder, even in
directly. but the boyhood of the pris-
oner was quietly and rapidly sketched
With a master hand-his school DAYS.
his embarkation in business. his love
affairs. his courtship and marriage, his
struggles to earn little home for his
wife and his loved ones.
The jurors We're deeply interested
and were following the narrative in
tently. Mr.. insolvency stepped closer.
In a manner which seemed almost
CONFIDENTIAL he drew vivid word pic
ture of a pretty country cottage, with
dooryard bright with flowers and
roses climbing over the porch. With
in he showed a faithful and loving
WIFE preparing supper--the table part
~ set. the tea kettle steaming and
singing on the stove. On the dooryard
gate three ruddy-faced youngsters
We're swinging and looking up the road
TO see who should be the first to catch
glimpse of papa" coming home to
supper.
Suddenly the speaker stopped. Draw
ing himself up to the full height of his
splendid proportions. he exclaimed in a
tone which startled the whole court
room by it's explosive vehemence.
Gentlemen,yo must send him home
to them.'
Ihe effect was electrical A roar of /
applause followed, and one old. griz- |
zled juror, brushing away tear. |
blurted out with an oath: BY -
sir, We'll do it. too.'
Mr.. insolvency instantly stoned
and sat down. The jury brought in a
verdict of acquittal without leaving
their seat.
Foremost among those who pressed
forward to congratulate the eloquent
Ohioan was the prisoner himself, who.
with tears streaming down his cheeks.
wrung his counsers hand and thanked
MN again and again. But between his
iobs he managed to say: mo other
man in the world could have done
that. Why, sir. have no wife or chill
1ren. never was even married you
knOW.'-Chicago Times Herald