The Colfax chronicle. [volume] (Colfax, Grant Parish, La.) 1877-1981, 1903-04-04

legal colleague and inform him OF theis
unexpected good fortune. Arriving at
Martins rooms. he related all w1tn
breathless haste.
Thoughtfully the advocate listened
and then said:
"She has no defense at all. She will
be fined and it will serve her right
"But," explained the medical side
of the firm, .she is our client, and
have promised to defend her. she
has paid a retaining fee and-and we
need the money"
snow, see here, Tolbert," said Mar
tin, "a good doctor is usually . poor
lawyer. / tell you there is no defense
for this woman. 1t is plain case OF
assault with fine and costs coming
against the defendant. Idon't care to
have anything to do with it, and if you
| insist on such nonsense you can 60 and
defend her yourself. Any one can
practice before police magistrate"
Tolbert was stunned for moment.
! How could Martin refuse this source
| of income, small as it was, with the
rent overdue?
Suddenly an idea struck him. "She
doesn't know that / am doctor" he
| thought; "the plaintiff doesn't know.
| the Justice doesn't know and probably
doesn't care. Why can't be lawyer
1 for just once?"
Nine o'clock sharp the next morn
ing found him in the justice courtready
| to do or die in the attempt to establish
his clients innocence and save the
reputation of the firm.
The case was called. The kindly old
Justice, who knew more about leather
than law, was surprised to find both
sides ready, with no continuance asked
for. The prosecuting attorney called
the witnesses for the state, had them
sworn and then told the complaining
witness to take the stand. The victim
; of the alleged assault glared at the
justice and then sat down in the chair,
: with her hands folded over huge um-
brella, which she rolled to and fro on
her lap. She was large, dark and
heavy, with thick lips and prominent
! jaw. She was an unprepossessing
J woman from almost any point of view,
but her right eye was especially dis
, concerning. When fixed upon any one
, in steady glare it was something aw'
: full. She pointed it at the justice and
never removed it from his face once
! during the course of thetrial. 1t made
( him nervous; he could not avoid it
r While giving her testimony in a loud
! deep tone she kept that evil eye fixed
. on the Justice till his soul was filled
: with dread.
Tolbert took his cue in a momen1
t and after very brief cross-examina
E ticn he dismissed her from the stand
: much to the relief of the justice.
] When Tolbert called the defendan
with great care he went over the cir
: cumstances of the case, bringing on
y that the complaining witness not onl.
: had threatened to annihilate the de
1 PENDANT but had struck her over tn
head and face with large stick witt
great force and violence and that t.
save her life she, the defendant, ha'
done only what was necessary undo
the circumstances.
The prosecuting attorney in hi
speech said it was perfectly clea
case of assault and that the defendan
should be fined according to law. Tol
, bert arose, however, and, addressing
the justice with all the dignity he coul
assume, explained that there was dit
ference between law and justice an
that a person guilty according to tn
strict letter of the former was some
times perfectly innocent from the lat
ter point of view. 81 will assure my Il
gal friend on the other side Of tn
case" he said, "that while I have n
thought of censure for him, because a
prosecuting attorney he is simply d.
d ing his duty in trying to secure col
o viction, yet the law rises above and b'
i yond any fixed custom and in tende
d mercies for the welfare of all the pet
lie pie, tempers its findings with justice
v Your honor, who is experienced in tn
u shortcomings of human nature, know
h well when and how to interpret tn
ID law as laid down in the statutes. If
l person under an evil influence be le
le to commit crime can he be held a
ID countable for it? No. Is not intent I'll
e gist of the crime! All, your honor we
knows that If my client was lured on
n. resistibly to strike another person ST
re should not be held responsible. VIII
T. that other woman's frightful glal
:" might make even your honor forg
at himself. / would not have blamed IL
J.? defendant if she had used a cloth
ae pole or baseball bat under the circur
ed stances"
r. mo, nor an ax!" exclaimed the ju
Sc tice. "The defendant is discharged
e. Two hours later Tolbert explained
Ii Martin as he paid the rent that his su
as cess as a lawyer had been entirely d.
ID. to the prosecuting witness glass eye.
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