Waterbury evening Democrat., 1905-03-16

1 me judge was proud of his exactness, and when some veteran of the bar erred in matters of procedure he was prone to visit upon the head of the offender the vials of judicial wrath. History records but one instance in which the judge was worsted in an attempt to dis cipline an advocate conducting case before him, the man who turned the tables upon the court being the late David T. Linegar, of Cairo. Linegar was one of the triumvirate in Illinois politics of quarter of century ago known as the '"big three." His com panions in the combination which prac- tically controlled. all things legislative in the general assembly tLinegar was a member of the house for years until 1SS5) were Senator Thomas c. Merritt, of Saline. known throughout the com- monwealth because of his wit and an impeachment in speech, and Jim" Har- rington, of Kane. And these men assist ed in addingto the gayety of nations in the days when Elijah N. Haines was acquiring fame as speaker of the house.
 Distinguished as a lawyer, Linegar had an extensive and lucrative practice, much of it in the federal courts, and as Q result passed considerable time in Chicago. where he made his headquar- ters at the old Gault house, on the West side.
 Late in the '70's Linegar was retained 10 defend two young men who had been arrested by secret service operatives, who charged them with passing coun- terfeit money. The case against them was strong, but the parents of the youngsters, people of excellent reputa-. tion, succeeded in exacting Linegar's promise to undertake the defense The federal grand jury returned an indict- ment. the boys were admitted to bail, and in due time the case was called for trial before Judge Blodgett and jury.
 Never did Linegar fight case as he fought this one. Availing himself of every technicality, contesting every step. he had had many battle with the judge before the taking of testimony be- gan, and on several occasions pushed Judge Blodgett to the limit of temper, the court more than once warning the lawyer that he was approaching danger ously close to punishment for contempt. Linegar's final address to the jury con- tained so much innuendo and was such a savage attack on court and prosecutor that the judge was in fine rage when the time had come to charge the jury. As the inrors retired Judge Blodgett neglected to instruct the marshal to take the defendants into custody. and that evening the two young men called on Linegar at his hotefto ask his opinion az to the outcome.
 Tt looks pretty bad to me-" he said, and fear that the verdict of the jury will be against you"
 What are we to do?" inquired his clients.
 How does it come that you are not in the custody of the marshal?" asked Linegar.
 His clients replied that no attempt had been made to arrest them and that they had walked out of the courtroom without molestation.
 Well" said Linegar with a smile. it looks to me as if Judge Blodgett over looked something for once in his life. You ought to be in custody, and I fail to understand why you are at liberty. io1r bail expired when the jury retired, an1 it was the duty of the court to have yol locked up"
 ~well?" interrogated one of the boys.
 Well" returned the lawyer, you see the chances are about ten to one that ti C jury will find you guilty. That means that you will have to serve some time in the penitentiary. I don't think that you will be very comfortable there. and if Ivere given my choice as between states prison and Canada I'd prefer Canada Of course, you will understand that this is merely . personal impression I am not advising you boys. You ought to be