Sunday morning globe., 1901-09-22

-EWTORl
The incident referred to in the last
chapter as almost demoralizing the de
tense did in fact result in my cOnvic
tion NV leading counsel, Hon. Geo
i. Converse. had to withdraw from the
case on the advice Of his physician, the
latter asserting that he would not be
responsible for the great pleader's life
if he addressed the jury In four-hours
summing up For a few days previous
to the close Of the trial, Mr.. Converse
had been complaining Of not feeling
well. The heat was excessive and the
atmosphere of the courtroom, which
was daily packed to its full capacity
had not only told on Mr. Converse, but
on the Judge. jury counsel and wit
nesses. When Mr. Converse informed
me that he could not address the jury
L passionately exclaimed: They have
finally scared you out They feel that
their case is weak and dread your sum
ming up or closing speech for me.
have heard that they we're sending
emissaries to your friends with threats
we'll, / can die or 90 to the peniten
Ilary IN lulS CAUSE Mllhvub 9lAu-AAiN "iiN
without remorse.
He listened to me patiently and, plac
ing his hand on my shoulder, replied
"If YOU are convicted / shall regard
YOU as a martyr | know you well and
NV heart bleeds for you. You never
ought to have suffered a days impris
onment. and my family control me in
this matter | am a sick man and un
able TO do your case the justice 1t de
serves with the jury
He left the Jail where the conversa
tion took place, and Immediately went
to a secluded summer resort. He lived
for over five years after this event
and there are thousands in Columbus
who believe that had he made the clos
ing address | would never have been
convicted Opinion is divided TO TINS
day as TO whether the pressure OF q
sinister public opinion or the doctor s
orders we're responsible for his aban
donment of my case at this crucial pc
riod. He was noted as the greatest
pleader at the bar and the most i'm
pressive and successful with a jury Of
any attorney at the bar The state
dreaded his final and closing appeal
which he was selected to deliver by
his co-counsel. and the State moved
heaven and earth to remove him from
tbe arena. The state realized that my
remaining counsel were not to be
dreaded. as neither one Of them had
more than the average ability in this
direction.
To can the climax, the least talented
90 tba fout remaining counsel vOlun-
teered to speak eight hours, his own
four and the four hours assigned to
Mr. Converse.
Tbis gentleman, Hon. Gilbert II.
Rarger. was essentially a politician,
who drifted into Columbus from the
little town of COschocton. He never
had an important law case in his life,
but being personal friends he made
personal appeal to me to be permitted
to take part in the case, free Of charge,
and AS means of bringing him into
notice at the Columbus bar and before
the general public. AS previously
stated. his free OF charge turned
out extensively enough, and he was
not two weeks in the case before he
touched" me for two or three hundred
dollars for expenses as a beginner.
Mr. Barger "talked" for eight hours
and am free to confess that II was
on the Jury his client would have been
convicted Of the highest grade Of muir
der. never sat under and listened to
such a dreary, dwelling and irrelevant
address. with not one flash, one inspt-
rational word Of eloquence or appeal
and but little reference to the case in
hand. Judge, jury, spectators and
prisoner heaved a sigh Of relief when
he closed. At this writing, and over
a decade of years softening the lnhic'
tion. I would even now accept as choice
of two evils another year In the peni-
tentiary rather than have to again un-
dergo the dreadful ordeal of that in
comparably. imbecile address. To con
clude with this pretended friend and
talentless advocate / was hardly land
ed in the penitentary until he visited
me in company with that Judge Earn
bardt who sold out to Moses f. Neil in
the Capital newspaper seizure. The
object of his visit was to induce me not
to appeal my case to the Supreme
Court, Said this tool Of Judge David
II. Pugh and the prosecution. Colonel
YOU will only have to serve a couple
of years at furthest. Now, II you ap-
peal the case you will make Pugh vim
dictive whereas If you accept the sit
uation / will guarantee that he Will
sign a petition for your pardon and
we will have you out inside Of two
years"
Judge Earnhardt, whom everybody
In Columbus knew to be a kind Of
valet to Judge Pugh, added his en-
treaties and had the bad taste to "blar-
ney" me on my address, why sentence
should not be pronounced. ! listened
to these two heartless and unprincipled
advocates, and looking them in the
eyes replied: while there exists
lighting chance to vindicate my name
shall seek Il, even in the Supreme
Court OF the United States Leav-
ing out the intOlerable mental suf-
feringa that even an hour Of this
degrading Imprisonment inficts my
honor is dearer to me than life or