Williston graphic. (Williston, Williams County, N.D.) 1895-1919, 1903-03-19

4 :
unexpected good fortune. Arriving at
Martins rooms, he related all with
/ 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"
1 "But," explained the medical side
of the firm, "she is our client, and
have promised to defend her. She
has paid retaining fee and-and we
need the money"
"Now, see here, Tolbert," said Mar
tin, "a good doctor is usually poor
lawyer. I tell you there is no defense
for this woman. 1t is plain case of
assault with fine and costs coming
against the defendant. don'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 a police magistrate"
Tolbert was stunned for a 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 I am DOCTOR" he
thought; "the plaintiff doesn't know,
| the justice doesn't know and probably
doesn't care. Why can't be lawyer
| for just once?"
! Nine o'clock sharp the next morn
ing found him in the justice court ready
to do or die in the attempt to establish
his clients innocence and save the
reputation of the firm.
p 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 a huge UNI
brella, which she rolled to and fro on
her lap. She was large, dark and
heavy, with thick lips and a 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 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.
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 moment
and after very brief cross-examina-
ticn 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
speecB said it was 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 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. II will assure my le-
gal friend on the other side Of the
case" he said, "that while have no
thought of censure for him, because as
prosecuting attorney he is simply do
ing his duty in trying to secure a 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
person under an evil influence be led
to commit crime can he be held ac-
countable fori it? No. Is not intent the
gist of the crime! All, your hop',r 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 clothes
pole or baseball bat under the circum-
| stances"
mo, nor an ax!" exclaimed the jus.
tice. "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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