Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1907-08-30
DAILY. STORY
A HYPOTHETICAL CASE.

kinds of clients come and go and was
not surprised on this particular July
afternoon when well dressed and re-
spectacle looking stranger called and
laid 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: u
"You are to take it that when GER
tain man who is now about forty years
old chat appeared TO be about his age) 1
was a lad of ten he in his innocence I
attempted to pick up the hind foot of a |
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 fixed habit with him. |
In other words, you might say that he
became thief. DO you think that ;
jury could be made to understand that
conclusion of the brain sometimes acts
this wayT
az haven't a doubt of it. l am sure
that could also get two or three doc
tors to testify to that effect"
LAS the youth grows up he is all
fight morally except on that one point.
He persists in possessing himself or
other peoples property and converting
II TO his own use. He becomes thler,
burglar and confidence man. 1t was
the kick that did it all. But for that
kick he must have grown up to be Il
Sunday school superintendent. Do you
think the jury could be made to see it
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 q recent occaSion-1 need
not say just how recent-this person
who had been kicked when boy en-
tered q fine mansion in the suburbs OF
a city after plumber. He Overcame
and bound the coachman and the gar
dener He locked the wife of the
owner up in closet. He 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 confed-
crate and loaded with the silver. rugs.
paintings and bric-a-brac, the choicest
of everything, and at length the ncrvy
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 a rob-
| berry or simply the eccentric action of
| a man whose brain was affected" l.;
"A man whose brain is affected can
not be- held guilty in law of amy
crime" promptly Responded the laws
yer. but the disposition Of the goods
might have some effect on the minds
of the jury"
81 think that would be Il strong
| point in the defense. 4 sane man
would try TO dispose of them rs soon
! as possible. wouldn't he?"
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 distance of twenty-five miles and
then across the border into Canada.
Would that show the cunning of a
| madman"
"Assuredly. I could convince the
jury on that point in five 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. mo one
but n lawyer is supposed to know such
things. That he knew and acted on
1t is in his favor, take it,
81 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. l may
say without egotism that there is where
so many lawyers are lame and where
t l am SO strong. Is that all of the
caseW
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 Il different thing"
And there Is point l wish to he
| CledI VI. ISL tEeIe ulutTpHCt III
law between check and certain
sum of money!
There must be-"
'TO make 1t palmer, Mr.. Attorney
this hypothetical man, who robs a by
pothetical house and shuts a hypo
thetical woman in a closet compels hel
K to give him n check for Il thousand
\ dollars, she having money of her OWL
\ in the bank. You can't call a CHECK
\ money, because it may not be cashed
X He gets 1t cashed, but it is not money
y he took from the woman. He took {
piece of paper from her. Do you fol
y low me?'
ri Certainly, and l guarantee to make
y any jury see it that way. You should
K have been a member of the profession
NJ That was all, and the stranger rose
K and shook hands and departed. Mr.
y Taylor was detained that evening al
I hour or so behind his usual time
y When he finally reached home and un
( tied his servants and let his wife on