River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1903-02-19

Legal colleague and inform him Of their
| 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 viii
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 retaining fee and--and we
need the money"
! NOW, see here, Tolbert," said Mar
| tin, "a good doctor is usually a poor
| lawyer L tell you there is no defense
| for this woman. 1t is a plain case of
! assault with a 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 go and
| defend her yourself. Any one can
practice before 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 / am DOCTOR" he
! thought; 1.-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.
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 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 a steady glare il. was something aw-
| full. She pointed it at the justice and
never removed it from his face once
during the course Of the trial. 1t made
! him nervous; he could not avoid it.
While giving her testimony in loud,
ha ~
on the justice till his soul was filled
with dread.
Tolbert took his cue in a moment
and after a 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
speech said it was a perfectly clear
case Of assault and that the defendant
should be fined according 10 law. Toll
bert arose, however, and, addressing
the justice with all the dignity he could
assume, explained that there was n 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 Ie-
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 con-
VictiOn, 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
| well 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 he be held ac-
! countable for it? No. Is notintent the
gist Of the crime! All, your honor we'll
| knows that if my client was lured on IT.
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. 1 would got have blamed the
| defendant if she had used a clothes
pole or baseball bat under the circum-
stances"
''No, 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 a lawyer had been entirely ade
to the prosecuting witness glass eys.-
Chicago Daily News.
end in gloves that are provided witt