The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-02-17
QUICK WITTED PATSY
HOW He SAVED THE DAY FOR HIM
SELF AND HIS LAWYER.

SELF ANU HIS LHWYEK.
Thoughtlessly Signed an Affidavit with a
Name He swore Was Not His Own--Dut
He Won tho Judge and His Point by Els
Explanation.
My first case came at Florence, Ala,
few months after / was licensed,
writes Attorney B. M. Jackson. The
sheriff there, Captain W, 7, White,
now dead, gallant Confederate soldier
and one of natures noblemen, met me
Oh the street and told mo there was
man confined in the county Jail who
wished to sec me.
was then ~ years old, but would
readily have passed for II. The clients
name was Patrick Donovan, but he was
commonly called Patsy Donovan. Go
ing to the Jail, found a man from so
to 30 years old, an intelligent, nice
looking, devil may care Irishman.
When I entered, no greeted me with
"Good evening, miss" Pretending not
to have heard him address me as 'miss'
and assuming much dignity, told him
1 was the lawyer whom the sheriff had
promised to send him. For answer he
exclaimed, "Well, I'll DO ID" and
burst out laughing-laughing uproar-
iously. / was irritated to degree by
this reception. II beg pardon, judge.
it's a go. You do look pretty young,
but Tom (tho sheriff) says you are
daisy. Got me out Of here, and my
folks, who'vo got plenty, will pay you
well for your trouble"
He told me his story. He was skill
ed mechanic from Keokuk, Ia, and had
been employed by the government in
constructing lock on the NJ aEel Shoals
canal near Florence. He hao shot the
physician in charge of those works.
This physician was brother of the
United States engineer in control Of the
canal construction, and 1t was evident
that the prosecution would be bitter,
sparing no pains Or expense to secure q
conviction, entailing long penitentiary
sentence. Tho doctor and my client
wero both men Of reckless courage and
oyerbearing temper, beth sometimes
looked on the wine when it 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 Che same day my
client won't to tho Doctors office and
sleeping room, about mile distant and
i'll u secluded place, and, knocking Oh
the door, was hidden by the doctor to
como in. Entering, he found the doctor
putting OH a shirt, and thus for the
moment disabled, and. remarking, "You
had the drop on mo this morning, but
I've got it on you now" fired, striking
the doctor in tho neck and infiicting
dangerous but not fatal wound.
Tho case soon came on for trial.
While the defendant version of the
occurrence @g be had given it to me was
very diff .y.y from the ono in the fore.
going yet iG was so improbable in itself
and so inconsistent with tho attendant
circumstances that it looked as if sen-
tence of ten years was inevitable if the
case was then tried. To gain post
ponoment TN objection was intarposed
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 continu-
ance. The state fought this aggressive
ly, thus giving warning OF what was to
come, and it, too, failed.
In sheer desperation then whispered
to my client "Your real name is Pat
rick, not Patsy, isn't it?" The indiot.
ment named him Patsy Donovan. Then,
moving TO quash the indictment for tile
misncmer, 1 wrote out tho defendants
affidavit in support. The affidavit stated
that tho defendant name was Patrick
and that he WAS commonly known and
called by this name and not by the
name Of Patsy Donovan. He took the
affidavit and read, Or seemed to read, it
carefully and, going to the clerk desk,
swore to it and signed it PATSY Done
van" This, of course, was the way he
usually signed his name, but he never
reflected that to sign it Patsy this time
was to afford the strongest evidence Of
tho falsity Of the affidavit.
Arguing the case without looking at
the affidavit, didn't see how he had
signed it, but the state attorney had
noticed the signature and in his reply
called the courts attention to it. This
| disclosure raised storm Of laughter
and jecring i'll the courtroom. was
COMPOUNDED and at the end of my re-
sources. Not so was Patsy. Realizing
bis peril, that tho slip was his own and
that no alone could retrieve it, he spoke
cut, not whit abashcd: II signed it
Patsy out of pure respect for your honor.
It's not for me to give the lie to your
honor's court papers. Your honor's
court paper says I'm Patsy, and III sign
it Patsy until your honor gives me leave
to write my own true name.
| The court sustained the motion from
pure admiration for Patsy. We now
had time to look about us. A few
months later the case was tried, the
jury failing to agree. The bail bond,
which had been fixed at high figure,
was then reduced to Il reasonable sum.
Ho gave tie bond, saying he had "lost
by noso," hut ho never returned to
stand another trial. although his bonds
men were promptly reimbursed, and the
writer was generously remembered, re-
ceivng, as | now remember, $500.
have often been curious to know what
became Of the game, rollicking, imper-
turbable Patsy. Memphis Commercial
Appeal.
| The Essentials.
"Do yon want shirt that opens in
the front or one that opens in the back?''
| asked the counter jumDer