Warren sheaf. [volume] (Warren, Marshall County, Minn.) 1880-current, 1903-02-12

Justice, who knew more about leathes
than law, was surprised to find botk
sides ready, with no continuance asked
tor. The prosecuting attorney called
the witnesses for the state, had theD
sworn and then told the complaining
witness to take the stand. The victim
Of the alleged assault glared at tie
Justice and then sat down in the chair.
with her hands folded over huge NM,
brella, which she rolled to and fro on
her lap. She was large, dark aD1'
heavy, with thick lips and prominent
jaw. She was an unprepossessine
woman from almost any point of view,
but her right eye was especially dis
concerting. When fixed upon any one
in steady glare it was something aw-
fui' She pointed it at the justice and
never removed it from his face once
during the course of thetrial. It made
him nervous; he could not avoid il.
While giving her testimony in loud,
deep tone she kept that evil eye fixed
on the justice till his soul was filed
with dread
Tolbert took his cue in a moment
and after very brief cross-examina-
tlcn he dismissed her from the stand.
much to the relief of the, justice.
When Tolbert called the defendant
with great care he went over the cir
cumstances of the case, bringing out
that the complaining witness not only
had threatened to annihilate the de-
PENDANT but had struck her over the
head and face with large stick with
great. force and violence and that to
save her life she. the defendant, had
done only what was necessary under
the circumstances. ..
The prosecuting attorney in his
speech said it was a perfectly clear
case of assault and that the defendant
should be fined according to law. Toll
bert arose, However. and. addressing
| the justice with all the dignity he could
assume. explained that there was dit
ference between law and justice and
that person guilty according to the
strict letter of the former was SONG
times perfectly innocent from the lat
ter point of view. II will assure nv le-
gal friend on the other side of the,
case" he said, that while have no
thought of censure for him. because a.
prosecuting attorney he is simply do
ing his duty in trying to secure con-
vlctlon, yet the law rises above and be-
yond any fixed custom and in tender
mercies for the welfare of all the peo-
pie. tempers its findings with justice.
Your honor, who is experienced in the
shortcomings of human nature. knows
we'll when and how to interpret the
law as laid down in the statutes. IF 4
person under an evil influence be led
to commit crime can he be held ac-
countable for it? No. Is not int emit the
gist OF the crime! Ali, your honor we'll
knows that if my client was lured on ir-
resistibly to strike another person she
should not be held responsible Why,
that other woman's frightful glare
might make even your honor forget
himself. | would not have blamed the
defendant if she had used a clothes
pole or baseba II bat under the circum-
stances"
NO, nor an ax!" exclaimed the JUS
tlce. "The defendant is discharged"
Two hours laterTolbert explained to
Martin as he paid the rent that his sue
cess as a lawyer had been entirely due
to the prosecuting witness glass eye
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