The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-03-20
HIS CLIENT,
Episode in the Legal Career Of Sena-
tor Stewart.


'Eve1y TRUE lawyer will be Iowa
TO his client above all ,things,' said
former Senator Stewart of Nevada
81 once heard that great LAWYER
Senator Davis Of Minnesota, say
When a man places his life in my
hands there is some danger that !
may go to the pemitemtiary, but there
as-no danger that he will hang
Ex-senator Davis mcnns to convey
the idea that he would resort to every
conceivable means to save the life of
any client who placed that life in his
Keeping. That was the principl,
winch oncompassed me when T. was
IN criminal practice. Because 7 went
to extremes in saving a man from the
gallows I quit criminal practice.
My last criminal ease was Il sing
ulm' one. [ was practicing: law in
Nevada and had achieved quite a re-
putatiom as u criminal lawyer bv
reason of several almost phenomenal
successes, as luck would have il. The
rouehcr element seemed to have con-
tldence In me and to feel safe in plac-
ing their interests in my charge. Thus
IL happened that when IL man named
Ellis was arrested for killing a man
named O'Brien, m. 4 mining claim. a
friend of Ellis came to NE and paid
me a retainer to defend Ellis. I
accepted the retainer without making
any inquiries as to details or parti-
rulars. | vas busy with other mat
tcrs.
'JuSt before the ease came TO trial
! looked into it and found THAT the
ease against Ellis was a strong one.
ln fact. | did not sec how Ellis was to
have a ghost Of a show for his life. T
could find no plea on which TO de-
feMd him. The community was pre-
jsMiccd against him. and some of my
best friends came to me and begged
mo not to defend him. I had accept
cd the retainer, and 7 was Ellis law
yer. 1T was my duty to save him, if
possible. Consequently 7 told my
friends that I was FNlis' lawyer and
that / intended ito clear him. For the
life. of me, 7 didn't known how,
though.
"As trial day drew NIGH, Ellis
grew more and more nervous. He
sent for MT again and again to come
and see him, but I persistently refus-
ed to do so. 7 felt that he was gull
ty. [ believed that he would lie to
me and confuse me. 7 stayed away
from him and sent word that. 7
would be ON hand to defend him. He
was obliged to be satisfied. No other
lawyer would take his ease. But T
made a bluff Of telling all over town
that | was going to clear Ellis. Meam-
time I had been making desperate
plans for my client.
'Omly one year previous to the
trial Of Ellis a popular young Irish
man named Barney had been convict
ed of murder on circnmstantial evil
dencc. Subsequently, tina mcal MUIR
dercr was found Mnd lynchcd. The
case of poor unfortunate Barney was
fresh in the minds Of all, aald the man
who had been his attorney and had
earnestly pleaded for his life was
now THE presiding judge. Moreover,
the principal witness against my man
Ellis had been the principal witness
poor Barney.
"There was another witness, who
was afflicted with an impeachment in
speech. When excited he would
ami 60 thaough such contor-
that nobody could understand
anything that he said, and his gcs-
lures were tho WRITINGS of an in
man. 7 had no witness for the
and had ITO. clear my man
with tho witnesses for the prosecu-
"Thero had been q row on the
mountain side, and the evidence