Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1904-11-09
DAILY SHORT STORY
AN ATTORNEYS RUSE.


lOIcIlte wv ~ was "dN tIlllS DC
tween Clayton Merritt and Douglas
Drew. Both We're attorneys. and both
stood high in the profession. though
Drew had Il lucrative practice. while
Merritt was but slowly making his
way. FlOrence's inclinations We're to-
ward Merritt, but she WAS 4 practical
girl and realized that Drew'S estab
lishcd income was far preferable to
Merits prospects.
Merritt, however, had an advantage in
being a bright young fellow and was
very popular. TOwle was heavy and
methOdical.
one morning Judge Towle was in his
study getting ready to go to court.
Florence was in the room reading the
morning paper. Clayton Merritt was
announced and, mentioning case he
was TO try before the judge that morn
ing, asked him some question as To the
law governing it. After receiving the
desired information Clayton inciden-
tally remarked that he had but little
hope of winning his case, though he
was convinced of his clients limo
cence. To this the judge made no re
ply. and the young man left.
Now. ut that time Douglas Drew had
just been appointed the states attOr-
ney. Florence knew this and asked her
father If Merritt ana Drew would not
stand I'm this case as prosecutor and
defender The judge answered in the
affirmative. and Florence resolved to
go to court and witness the trial.
The defendant accused of embeZzle-
ment was young man whose intellect.
his mother testified, had been impaired
in childhood by Il severe case of scarlet
fever Merritt knew that he had been
merely a catSpaw of others. but they
had covered their tracks so we'll that
he had not q scrap of proof against
them. Florence Towle from the mo-
ment she cast eyes on the Borrowing
mother gave her sympathies to the side
of the defense. As the case progressed
it was plain that unless the jury could
be Influenced sympathetically in the
defendants favor lie would be con
victed. But juries have been so often
hoodwinked by pathetic appeals that
Merritt had no confidence of success in
this manner. He laid his plans differ
emily.
To prove one of those fOrmalitfes
that are of no Importance in them
selves, though required by law, Merritt
forced the prosecution to put on the
stand a clerk of the court and having
got him there proceeded TO examine
him.
Who attends to the details of bust
ness of the COURT" asked Merritt.
Il do"
consequently you decide many mat
tiers for the judges. do you not:"
Il do necessarily"
Did you net recommend TO his
honor in this case that bail he re-
fused -
81 did
And were you not present during
discussion between his honor and Judge
Il. concerning this matter of bail:"
Il was"
''Now, answer me on your oath. Did !
you not hear his honor say that there |
was no case against my CLIENT"
Every one in court who had the /
slightest knowledge of law was aston /
ished at such n question, which any /
student I'm 4 law school would know /
an attorney had no right to ask. The |
attorney jumped to his |
@S~N eAA4o ObJNNNVA- 1DhL LAlG jury ndAl !
heard the question, and. though they 1
had not heard the answer, they believ- |
ed that the judge must have made the /
remark or the attorney for the defense &
would not have thought of asking the |
witness to repeat It. The opinion of |
the learned judge was, with them. of |
far more Importance than the evidence
Merritt, seeing that they had been in
huenced, rested his case The jury re-
tired and when it returned brought in .
a verdict Of not guilty"
As Florence Towle walked out Of the
she was joined by the rivals
for her favor.
Merritt" said Drew. why did you
ask such an unheard Of question as
whether the judge had expressed an
opinion on the caseT'
And why did you obJect?" asked
Merritt.
Object? Because you had no right
TO ask such question"
Certainly I had not And had you
not objected my asking 1t would have
been of no avail You should have
waited for the answer. and it would