The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-04-12
THE CRIMINAL LAWYER.


New York Commercial Advertiser.
II often wondered whether the men in
the civil branches of our profession haven't
a shade the best of fellows said a
well-known criminal lawyer, referring to
recent court scene to which one of his col
leagues had been subjected. Take the
case of Lawyer George A. Mott the other
day, when he cleared his client of a seri-
Gus charge only to have heart-broken
mother fall on her knees and. in behalf OF
her daughter, implore the curse of God on
the defendant. There is anxiety and heart
breaking enough, no matter in what branch
Of law, but it's easier to inform clients
mother that her daughters accident suit
has fallen through than to tell woman her
son is condemned to life Imprisonment or TO
the electric chair.
do we get much of that? More than
enough. It's not always a matter of moth
ers. either-wives, sisters and sweethearts
often beseech us, and create little scenes
out Of courtroom beginning to end it's a
case Of heart-wringing.
"One OF the most difficult duties a GRIM
inal lawyer has to perform for client is
the last of ALTO tell him his application
for a pardon has fallen through. It's really
pronouncing the death sentence over him,
for a cornered man fastens to the hope of a
pardon with all his heart and soul, and
with every fibre in him. The death SEN
tence pronounced by the judge is a mere
ceremony which the convicted one has ex-
pected ever since the verdict of the jury.
The final reading of the death sentence be-
fore the doomed one is taken from his cell
is but a hollow farce, meaning nothing.
The real sentence is the one pronounced by
the only man interested in the convicted
one-hiS lawyer.
But it isn't the convicted one himself
who is hardest to manage; it is his women
folks. Day for day they come to the office
OF the man in whom all their hopes are CEN
tered. To them he becomes little god, an
infallible oracle-everything that is good
and powerful in the wide world. Even after
he has failed, no reproaches are held
of confidence that where the lawyer failed
none other could have succeeded.
The first duty of a criminal lawyer, after
having seen to the immediate wants of his
client, Is to inquire as to the women who
may need looking after. Many families of
course. have other males than the one in
trouble and they' as rule look after the
weaker ones.
II recall. one instance. in particular, years
ago, when a pardon was refused a notori-
Gus tough, who had killed a policeman.
The man was afterward hanged in the
old Tombs. There was much about the
fellow that was admirable, guilty and tough
tnOugn ne was. he was q manly cnap,
above all; one who realized from the first
that his scrape was well-nigh hopeless. but
who made up his mind to face every ordeal
bravely. Toward the end he overdid the
thing a bit trying to conquer his feelings,
but ! always regretted not being able to
save his neck. In his cell he became a
mild-mannered, well-behaved prisoner, and
generous to the point Of wanting to treat
me with the few cigars that found their
way from time to time into his dark prison.
IAN appeal for a pardon was finally
made to the Governor, but II was purely
a matter of form to leave no stone un-
turned. But during that period l had an
experience with a mother, and since then
/ always have refused to take another muir
der case. The woman was old and feeble
and poor and as honest as the day is long.
Day for day she came to my Office to thank
me, to pray the blessings of God on me
and to hear again and again about her son.
l was powerless to escape her, for / saw
how much the visits meant to her. Final
~ she came to my house nights. Her old
blue eyes filled with tears she would sit
and sit and tell me what confidence she
had in me, and that I would restore her
son to her. The poor. withered arms would
be raised to heaven begging prayers on me.
And all the time 1 knew the inevitable end.
II had to tell the woman when the news
finally came, and / felt. as I set out, as If
plan how to break the news. In fact, /
had not been able to think of one. l de-
| cided things would shape themselves. They
did. AS gazed at the bent form, withered
with the weight of years, it struck me
| there was but one way to reach her with
| the dread news, and that was to tell her
| in the way she would choose to learn ii
| If she had an idea what had come to see
| her for. l felt sudden filling at the throat.
| Not in years had said prayer nor am i
| religious man, but
LET US pray together I said, kneeling
in front Of the old lounge. and she bent
and wept like a hurt child
II never said a word about the pardon
having been refused. Had / told her out
right IL would have killed her. When she
| arose after many minutes she clasped my
hand.
"'God bless you, anyway she said: If
| you couldn't get my boy freed no living
| man could, and Gods will be done Within
a month she had joined her son.
Criminal law is my speciality, and GRIM
| inal law it must remain to the end. but
often wish had chosen the other branch.