New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-01-11
"A PUZ ZLE
In EVIDENCE
IOriginal.l

- . :
One of the most pulling cases of
professional duty ever had was that
of Philip Gray, whom defended on
a charge of forgery. Before selecting
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. Cray was
fine looking young fellow. about
twenty-five years DID, and with as hon.
est a look as i 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 COM
mitted the forgery.
a celebrated British barrister, hay-
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.
belief in his Innocence. 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 We're Of this opinion did
not count for much. They We're 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
moned by the state.
The last day of the trial was an ex-
citing one or, rather, a pathetic one
The mother Of the accused was in court
and the agony depicted on his face
was enough to move heart of ada
! mant. Indeed, the evidence against
| my client was so strong, and I was sc
weakened by the knowledge Of his
l 3tr11i hat nd hn ND ~
| 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 viii
were dead, drawing a picture of thu
delightful transition from one accused
| of a crime to vindication if one or botl
| the witnesses should come into court
l also pictured to the jury noble life
blighted by mistake. While I 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 new complication, but
it was relief to me. Gray, to scree1
his mother, had confessed the crime
He, not his mother, was my client, an6
/ was placed in a new position by this
knowledge Of his innocence. did no
i care to ask him If his mothers confes
sion was the truth, for felt quite SUR
/ that the same motive that had led hin
to accuse himself would lead him t.
deny that she was guilty. went bacl
into the courtroom resolved to spare
no effort to save an innocent man, on
who was placing himself in his moth
er's stead, from punishment for a Grim.
4 he had not committed. But here again
was a puzzle as to duty. Profession
/ ally l was bound to prove my client
innocence if possible. By putting hi
mother on the stand could secure hi
d acquittal / knew that he would be
i far greater sufferer if | adopted thi
4 course than if he were convicted in he
stead. I made up my mind to do wha
Il could for him without compromisin
his mother. Possibly might save hi1
without resorting to this expedient.
arose to the last summing uI
There was little to say in his defens
Il without accusing his mother, SO | wa
obliged to content myself with a cor
tinned effort to win the sympathy o
the jury. But on this l was clogge
by a knowledge that the woman 70
whom asked their indulgence wa
herself guilty of the crime AS Pre-
i ceeded saw that the twelve me
!, looking at me were convinced that
did not feel what said | was iun
bering along hurriedly when there wa
a stir beyond the rail. A man pushe
forward and asked to speak to til
prisoners counsel paused in M
/ speech and vent to the rail
, I'm Edmund D. CorWine,'' he sail
zone of the witnesses to the will c
!. Peter Martin
Are you sure? You're supposed I
j be dead"