Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-06-09
CLEARED HIS Client,
Episode In the Legal Career Of
Senator Stewart.
HIS LAST CRIMINAL CASE.

The Trial Which Moved Him to De- y
clare He Would Never Again Defend
4 Man Charged With Murder and
Turned His Career Toward Politics.
Every true lawyer will be loyal to
his client above all things" said for
mer Senator Stewart OF Nevada. II
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 60 to the PEN
itentiary, but there is no danger that
be will hang
Senator Davis meant 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 principle which
encompassed me when I was in Grim
inal practice. Because went to ex-
tremes in saving man from the gal
lows quit criminal practice.
My last criminal case was a singu-
lar one. was practicing law in Ne
vada and had achieved quite reputa-
ton as criminal lawyer by reason Of
several almost phenomenal successes,
as luck would have 1t. The rougher
element seemed to have confidence in
me and to feel safe in placing their In
terests in my charge. Thus 1t hap
pened that when q man named Ellis
was arrested for killing man named
O'Brien, on mining claim, friend
OF Ellis came to me and paid me re
tainer to defend Ellis. accepted the
retainer without making any inquiries
as to details or particulars. was
busy with other matters. {.
"Just before the case came to trial
/ looked into 1t and found that the
case against Ellis was strong one.
In fact, did not see how Ellis was to
have ghost Of show for his life.
could find no plea on which to de-
fend him. The community was preju-
diced against him, and some of my
best friends came to me and begged
me not to defend him. But that made
no difference to me. had accepted
the retainer, and was Ellis lawyer.
It was my duty to save him, If possi-
BILE. Consequently told my friends
that was Ellis lawyer and that !
intended to clear him. For the life of
me, / didn't know how, though.
''As trial day drew nigh, Ellis grew
more and more nervous. He sent for
me again and again to come and see
him, but persistently refused to do
| SO. 4 felt that he was guilty. / be-
lieved that he would lie to me and
confuse me. stayed away from him
and sent word that would be on
hand to defend him. He was obliged
| to be satisfied. No other lawyer would
take his case. But / made bluff Of
telling all over town that was going
to clear Ellis. Meantime I had been
making desperate plans for my client.
"Only one year previous to the trial
1 OF ELLIS a popular young Irishman
named Barney had been convicted Of
murder on circumstantial evidence.
Subsequently the real murderer was
found and lynched. The case Of poor
unfortunate Barney was fresh in the
] minds Of all, and the man who had
been his attorney and had earnestly
pleaded for his life was now the pre-
siding judge. Moreover, the principal
witness against my man Ellis had been
4 the principal witness against poor Bar
iney. 81,
seThere was another witness, who
was afflicted with an impediment In
his speech. When excited he would
stutter and 60 through such contortions
4 that nobody could understand anything
that he said, and his gestures were the
writings Of an insane man. had no
witness for the defense and had to
clear my man with the witnesses for
the prosecution.
tsThere had been 8 row on the noun
tain side. and the evidence showed that
Ellis had murdered a man named
lO'Brien without proyocation except
that O'Brien had claimed prior right
to the mine OF which Ellis had taken
possession. O'Brien had gone into the
mountain to assert his claim, and Ellis
had killed him in the presence Of two
4 witnesses. #
ssWell. when the time came for trial
Ellis sent word to me that he wanted
to talk to me In the courtroom, but /
lsent back word for him to keep his
mouth shut and see me Immediately
after the trial was over. The poor
devil sat In the dock and eyed me wist-
fully. could see that he had conf
dence In me as criminal lawyer who
had never lost q case, but his life was
lat stake. and he was guessing hard. ]
allowed the prosecution to make out its
Ease with Its witnesses and offered no
objection Of any kind. told them that
Fl was busy and wanted to get through
the trial as soon as possible and as
soon as my client was acquitted must
take up another case, involving great
deal of property. It was q blum, Of
course. but q blur sometimes beats q
full hand.
when my turn came took the
principal witness for the prosecution,
and I went after him IN this fashion:
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