Warren sheaf. [volume] (Warren, Marshall County, Minn.) 1880-current, 1903-02-19

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
woman from almost any point of view,
but her right eye was especially dis
concerning. When fixed upon, any one
in a steady glare it was something aw-
tul. She pointed it at the justice and
never removed it from his face once
during the course of the trial. It made
MIN nervous; he could not avoid it.
Whlle giving her testimony in loud,
deep tone she kept that evil eye fixed
on the justice till his soul was filed
with dread. ~
Iolbert took his cue in a moment
and after very brief cross-examina-
t1cn he dismissed her from the stand.
much to the relief of the Justice. s,
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
mad threatened to annihilate the de-
fendant but had struck her over the
mead 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 ASA ult and that the defendant
should be fined according to law. Toll
bert arose, however, and. addressing
the justice with a II the dignity he could
assume, explained thai there was diff
ference between law and justice and
that person guilty according to the
strict letter of the former was some
times perfectly innocent from the lat
ter point Of view. 81 will assure my le-
gal friend on the other side of the
eeSN' liz SG1u, rCl1d while Il nave no
thought of censure for him, because as
prosecuting attorney he is simply do
ing his duty in trying to secure con-
viction, yet the law rises above and be-
You'd 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 a
person under an evil influence be led
to commit a crime can be be held ac-
counta bic for it? No Is not intent 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. I would not have blamed the
defendant if she had used a clothes
pole or baseball batunder the circum-
stances"
~"''No, nor an ax!" exclaimed the JUS
t1ce. "The defendant is discharged"
Two hours later Tolbert explained to
Martin as he paid the rent that his sue
cess as lawyer had been entirely due
to the prosecuting witness glass eye
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