Evening journal., 1907-09-19
- A 81
Hypothetical Case.

Lawyer Iaylor had al sorts and
kinds Of clients come and go and was
not surprised on this particular July
afternoon when a well dressed and re-
spectacle looking stranger called and
laid a hundred dollar bill on his desk
and observed that he had two or three
hypothetical questions to ask. He was
told to go ahead, and he lighted a cigar
and said
''You are to take It that when a GER
tain man who is now about forty years
old Chat appeared to be about his age)
was a lad Of ten he in his innocence
attempted to pick up the hind foot Of
mule. The mule resented the familiar
ity and kicked the boy In the head.
From that date a change was observ-
ed in the boy. He seemed unable to
distinguish between articles belonging
to himself and to others. and by and
by this became fixC6 habit with him.
In other words, you light say that he
became a thief. Do you think that a
jury could be made to understand that
conclusion Of the brain sometimes acts
this wayT ~
81 haven't a doubt Of 1t. 1 am sure
that l could also get two or three doc.
tors to testify to that effect"
GAS the youth grows up he is all
right morally except on that one point.
He persists in possessing himself OF
other peoples property and converting
II to his own use. He becomes a thief,
I,,,r,rIo, o,I oore1opoo r,op II WAC
the kick that did it all But for that
kick he must have grown up to be
Sunday school superintendent. DO you
think the jury could be made to see 1t
In this light?"
'Without the slightest doubt, sir. A
jury can be made to see anything in
any light if properly presented" re-
piled the lawyer.
"Well, on recent occasion-I need
not say Just how recent-this person
who had been kicked when a boy en-
tered a fine mansion in the suburbs OF
a city after plunder. He overcame
and bound the coachman and the gar
dener. He locked the wife Of the
owner up in n closet lie shut the
cook and parlor maid down cellar. 1t
was in the afternoon and he had pos
session of the house for two hours.
A wagon was driven up by a confed-
crate and loaded with the silver. rugs,
paintings and bric-a- -brac. the choicest
Of everything, and at length the nervy
man took his departure, leaving the
people still bound and still shut up.
Now, then. taking that kick into con-
sideration. would you call that rob-
berry or simply the eccentric action Of
a man whose brain was affected|
"a man whose brain is affected can
not be held guilty in law Of any
crime" promptly responded the law
yer, "but the disposition Of the goods
might have some effect on the minds
of the jury"
Il think that would be a strong
point in the defense. A sane man
would try to dispose Of them as soon
as possible, wouldn't heT"
Naturally Yes, he would wish to
realize on them at once and get them.
off his hands"
''But suppose that this man didn't.
Suppose he deliberately had those
goods driven along a broad highway
for a distance of twenty-five miles and
then across the border into Canada.
Would that show the cunning Of
madman?
"Assuredly. / could convince the
jury on that point in Eve minutes"
'.The fact that this man knew that
there was no extradition treaty with
Canada covering the case ought to
convince an average jury that he is
insane?" asked the stranger. "No one
but a lawyer is supposed to know such
things. That he knew and acted on
1t is in his favor, take it,"
II should try to make the jury think
so at least" said the lawyer "If
things are properly presented to a
jury, it's positively wonderful what
you can make them believe. may
say without egotism that there is where
so many lawyers are lame and where
am so strong. Is that all Of the
caseT
almost. The man cannot be dis
turbed now, can he?"
''Not In the least. There is no treaty
covering household goods. If It was.
money It would be a different thing"
"And there is a point l wish to be
clear on. Isn't there a difference in
law between a check and a certain
sum Of money!
"There must be-"
''To make 1t palmer, Mr.. Attorney,
this hypothetical man, who robs a hy-
pothetical house and shuts a hypo-
thetical woman in closet cOmpels her
to give him a check for a thousand
dollars, she having money of her own
In the bank. You can't call a check
money, because it may not be cashed.
He gets it cashed. but it is not money
he took from the woman. He took a
piece Of paper from her. Do you fol-
low me?"
Certainly. and I guarantee to make
any jury see it that way. You should
have been a member OF the profession" ."
That was all. and the stranger rose
and shook hands and departed. Mr..
Taylor was detained that evening an
hour or so behind his usual time.
When he finally reached home and un-
tied his servants and let his wife out
of the closet and telephoned for the
police it was 10 o'clock, but he was not
at all sleepy. He was too busy figur-
ing up his loss. giving a description OF
his caller and Offering a reward for his
capture. The man was traced to Can
ada but he wasn't pxtradifad and he