New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1898-11-16
HE FOOLED THE JURY
A LAWYERS CLEVER TRICK THAT.
-. SAVED HIS CLIENT.

The Rascal on Trial Was Guilty and
Proved So Beyond n Doubt, but the
| shrewd Lawyer Found a Way TO
! Win His Case, "J'.'.. -
When Colorado was organized as a
territory, there was little English used
outside of Denver and the mining
camps. The rest Of the thinly scattered
country was as Spanish as any part of
our latest America. Not Castilians. Of
,ourse-more likely a general mixture
II Aztec and Apache and a lot of other
strains of blood, but certainly Spanish
IN name and in speech 1.-The govern
nent recognized that it had difficult
task before it in bringing these sgreas-
5rs' to understand the very beginning of
the obligations and the duties of their
American citizenship. One of the most
trusted agents in this campaign of edu
cation was Judge Hallett, who was put
in charge Of the judicial system of the
new territory. From that time to this
he has been at the head Of the federal
judiciary in the great and prosperous
state OF Colorado. Despite this ferceness
Of rebuke and countless oddities of tenn
per no judge has ever been SO respected
as he along the great divide.
! When he first went on circuit, the bar
left Denver with him and travelled in a
body both for sociability and for safety.
Then there was no railroad, the only
means of reaching any place from any
other being along a slightly marked
trail barely passable for horses. By slow
! stages the bench and the bar reached
Trinidad under the cold shadows of the
Sangre de Cristo range. These Spanish
names were an incessant annoyance to
Judge Hallett, who acclaimed against
each one in turn and announced his
purpose of .memorializing the secretary
Of the interior to have them all made
American. Of a piece with this was his
attitude toward the prevailing Spanish
speech of the country. He objected to
it. Among the first rules of his court
was that which provided that all it's
transactions should be in English, and
chat if litigants objected to the work of
the sworn interpreter that was their
own lookout. It might encourage them
to learn to talk "American, as they
ought
In Trinidad Colonel Taylor of the
bar was retained for the defense in
case where no defense was possible.
The place was full of witnesses who
had seen the deed done, whatever it
may have been, for that is unimportant
The prosecuting attorney put on wit
ness after witness to prove the facts
He made perfect case, and he demand
ed that full punishment be inflicted. It
was a difficult situation for Colonel
Taylor. His client was guilty beyond
doubt Cross examination Of the wit
nesses could only make that fact more
distinct, and for that reason he did
nothing SO foolish. The case was alto
gether Spanish. Criminal, witnesses,
audience-there were not six words Of
English in the whole outfit. The inter-
prefer had been called on for every word
which had gone back and forth through
out the trial. Colonel Taylor arose to
make his plea. He surveyed the cluster
of dark faces which filled the shed in
which the court was sitting
"Caballeros, he began-"c aballeros
del jurado'-
There was loud whacking of the
gavel by Judge Hallett as soon as he
caught the sound of the language which
he dsspised so heartily. =.
"Mr. Taylor, Mr.. Taylor" he shout
ed, "as member of the bar of this
court you must be aware that all its
transactions must be conducted in the
English language, the language of this
country. If I thought that you were
using Spanish maliciously, l should
punish you soundly for such contempt
of this court. You will address this
court of the United States in United
States and in no other speech, language
or dialect
II bow to your honor's ruling" con-
tinued Colonel Taylor and resumed his
plea, but in English and with the as
sistance of the interpreter. He told the
greaser jury how the sight of their
proud Castilian lineaments had caused
him to forget rule of the court and to
address them in the sonorous speech Of
Spain, from which their proud FORE
fathers came. He obeyed the judge, but
he felt the restraint of having to make
his pleading through the assistance Of
the interpreter. 1t was a simple matter
which he could set right in few SEN
fences of their own language, but he
feared that in English he could not do
SO we'll; yet he hoped that they would
not see fellow citizen punished solely
for the reason that his advocate was not
allowed to address Spanish jury in
their own tongue. Harping on this
theme, he avoided any discussion of the
evidence which bore so heavily on his
client, and in his peroration he paid
glowing tribute to the language Of Don
Quixote and Queen Isabella. This done,
he fled from the spot and was not seen
until court had arisen for the day.
When they next met, the prosecuting
attorney wanted to know why he had
not been on hand to receive congratula-
tions on the acquittal of his client.
''They set him free without stain