The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1898-04-29

Thoughticssiy signed an Anidsyit with .
Name lie swore Wa Not His ~ Hut
lie Won the Judge and His Point by His
Explanation.
My first case came at Florence. Ala,
a few months after | was licensed,
writes Attorney Ii. NJ. jackson. The
sheriff there, Captain w. 1. White,
now dead, "A gallant Confederate soldier
and one Of natures noblemen. met me
on the street and told me there was q
man confined in the county Jail who
wished to see me.
| was then 81 years old, but would
readily have passed for IL. The clients
name vas Patrick Donovan, but he was
commonly called Patsy Donovan. Go
ing to the Jail, l found a man from 80
10 80 years old, an intelligent. nice
looking, devil may care lrishman.
When l entered. he greeted me with
"Good evening, miss. Pretending not
10 have heard him address me las ''miss'
and assuming much dignity, l told him
| was the lawyer whom the sheriff had
promised to send him. For answer he
exclaimed, "Well. I'll be ID" and
burst out MISUNDERSTANDING uproar-
iously. l was irritated TO a degree by
this reception. Il beg pardon, judge,
it's a go. You do look pretty young.
but Tom (the sheriff. says you are "A
daisy. Get me out Of here, and my
folks, who've got plenty, will pay you
we'll for your trouble"
II, ALI ,,A he c&Drx- JJa mas a chill
ed mechanic from Keokuk, Ia, and had
been employed by the government In
constructing a lock ON the Mussel Shoals
canal, near Florence. He had shot the
physician in charge Of those works.
This physician was a brother of the
United states engineer in control If the
canal construction, and it was evident
that the prosecution would be bitter.
sparing no pains or expense to secure a
conviction, entailing a long penitentiary
sentence. The doctor and my client
were both men Of reckless courage and
overbearing temper, both sometimes
looked on the wine when il was red,
and both, / inferred, were striving for
the favor of the same woman. A clash
between them soon came. They had a
savage quarrel at their boarding house
at dinner. The doctor being armed and
my client unarmed, the latter had to
submit TO unlimited abuse and would
have been shot but for the interference
of several men who were present. Soon
after nightfall of the same day my
client went TO the doctors Office and
sleeping room, about a mile distant and
!, in a secluded place, and, knocking on
the door, was hidden by the doctor to
come in. Entering, he found the doctor
putting on a shirt, and thus for the
moment disabled, and, remarking, lyon
had the drop on me this morning, but
I've got it on you now, " fired, striking
the doctor in the neck and inflicting u
dangerous but not fatal wound.
The case soon came on for trial.
While the defendants version of the
occurrence as he had given it to me was
, very different from the in the fore.
! going, yet it was SO improbable in itself
and so inconsistent with the attendant
circumstances that it looked as if a SEN
tence Of ten years was inevitable If the
I case was then tried. To gain a post
ponement an objection was interposed
to the competency Of the court on the
ground that he was related by affinity
to the prosecutor. This failed. Next an
earnest effort was made for a continu'
ance. The state fought this aggressive
ly, thus giving warning of what was tc
come, and it, too, failed.
In sheer desperation l then whispered
to my client, "Your real name is Pat
rick, not Patsy, isn't it?' The indict'
ment named him Patsy Donovan. Then,
moving to quash the indictment for the
misnomer, / wrote out the DEFENDANT
affidavit in support. The affidavit stated
that the defendants name was Patrick
and that he was commonly known ant
called by this name and not by thu
name Of Patsy Donovan. He took thu
affidavit and read, or seemed to read, /
carefully and, going to the clerks desk
!. swore to it and signed it PATSY Done
> van" This, of course, was the way b.
;. usually signed his name, but he neve
reflected that to sign it Patsy this tim
was to afford tho strongest evidence O
the falsity Of the affidavit.
Arguing the case without looking a
the affidavit, / didn't see how he ha'
signed it, but the state attorney ha'
noticed the signature and in his repl.
called tho court attention to it. Thi
=. disclosure raised q storm of laughte
and jeering in the courtroom. l wa
COMPOUNDED and at the END Of my re
sources. Not so was Patsy. Realizin
his peril, that the slip was his own an
- that he alone could retrieve it, he spok
ont, not a whit abashed; II signed
Patsy out of pure respect for your honor
It's not for me to give the lie to you
honor's court papers. Your honor
court paper says I'm Patsy, and I'll sig
it Patsy until your honor gives me leav
to write my W true name"
The court sustained the motion froi
pure admiration for Patsy. We no.
had time to look about US. A fe'
= months later the case was tried, I'll
jury failing to agree. The bail bono
which had been fixed at a high figure