Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1904-12-28
A PUZZLE
IN EVIDENCE
IOrtRinal.l

One of the most puzzling cases of
professional duty l ever had was that
of Philip Gray, whom / defended on
a charge of forgery. Before selecting a
line Of defense / visited the prisoner
in his cell and asked him to tell me
whatever he knew that would tend to
establish his innocence. Gray was a
fine looking young fellow, about
twenty-five years old, and with as hon.
est look as ever saw in any mans
eye. Judge, therefore, Of my surprise
when, instead of complying with my
request, he asked me whether an at
torney was bound to secrecy with re-
spect to his clients admission of guilt,
and when / said that such was the
obligation he declared that he had CON-
mitted the forgery.
: A celebrated British barrister, hav-
ing been placed in a similar position,
referred the case to the judges, who
after deliberation told him that it was
proper he should defend his client.
though he should not state his own
belief in his innocence. l resolved to
act upon this advice myself and pro-
ceeded with the defense.
Gray seemed Indifferent to the out.
come; at any rate, he would give me
no information to guide me in assist
ing him. Indeed, there was little to
bring forward, for all the incentive to
the crime was with the accused. The
forgery was the signature Of a will
purporting to have been left by his
uncle, Peter Martin, leaving Philip
Gray all his property, a large estate.
There was, however, one weak point in
the evidence against the prisoner in
this: That two in three experts in Chi
Biography testified, and without know
ing each others conclusions, that Phil
ip Gray had not written the signature
to the will. But the opinion Of the two
experts who were Of this opinion did
not count for much. They were with
out reputation in their calling and had
been summoned by me. The expert
who declared that the accused had
committed the forgery was at the head
of his profession and had been sum-
m0neQ by the state.
The last day of the trial was an eX-
citing one or, rather, pathetic one.
The mother of the accused was in court
and the agony depicted on his face
was enough to move q heart of ada
mant. Indeed, the evidence against
my client was so strong, and was so
weakened by the knowledge Of his
guilt, that / came toward the end of
the trial to rely principally on the
presence of the mother and her effect
upon the jury. 1 spoke feelingly Of
the misfortune under which the prison
er labored, that both Of the witnesses
who had seen the testator sign the will
were dead, drawing a picture of the
delightful transition from one accused
Of a crime to vindication if one or both
the witnesses should come into court.
1 also pictured to the jury noble life
blighted by mistake. While l was
speaking the mother Of the prisoner
was far more visibly affected than the
jury, and when / sat down she went
out of the courtroom, sent for me and
confessed that she, in order to secure
the estate for the son, had forged the
will.
Here was a new complication, but
it was a relief to me. Gray, to screen
his mother, had confessed the crime.
He, not his mother, was my client, and
! was placed in new position by this
knowledge of his innocence. / did not
4: l.
sion was the truth, for / felt quite sure
that the same motive that had led him
to accuse himself would lead him to
deny that she was guilty. l went back
into the courtroom resolved to spare
no effort to save an innocent man, one
who was placing himself in his moth
er's stead, from punishment for crime
he had not committed. But here again
was a puzzle as to duty. Profession
ally / was bound to prove my clients
innocence if possible. By putting his
mother on the stand / could secure his
acquittal. l knew that he would be a
far greater sufferer if l adopted this
course than if he were convicted in her
stead. / made up my mind to do what
1 could for him without compromising
his mother. Possibly might save him
without resorting to this expedient.
! arose to the last summing up.
There was little to say in his defense
without accusing his mother, so was
obliged to content myself with a con-
tinued effort to win the sympathy of
the jury. But on this / was clogged
by q knowledge that the woman for
whom / asked their indulgence was
herself guilty of the crime AS / pro-
ceeded / saw that the twelve men
looking at me were convinced that /
did not feel what / said. l was lum-
bering along hurriedly when there was
d stir beyond the rail. A man pushed
forward and asked to speak to the
prisoners counsel. / paused In my
speech and went to the rail.
~T'm Edmund d. Corwine," he said,
zone of the witnesses to the will OF
Peter Martin"
-Are you sure? You're supposed to
be dead"
'T can prove my identity and am
ready to swear that Peter Martin sign
ed will in my presence"
He did both, and the prisoner was
not only acquitted, but came into pos