The mirror., 1909-03-25

.~e.eSe-
If/ ND child shall lead them.'
n That's the text" said the !!
~ Judge. "By way of preface !
will say lay no claims to |
being practitioner of criminal law.
1t has got so now that prosecuting at
torneys with unlimited means at their
command can accomplish almost any
thing when they are out to convict
man. They also have the machinery
of the law at their beck and call-de-
tectives and attaches to make evidence
if necessary 80 that once a man falls
under the ban of the prosecuting at
torneys his chances are slim-no mat
ter how good they are. The defendant
on the other hand, whether innocent or
guilty, is presumed to be guilty by the
public as soon as he is taken into GUS
tody by the minions the law-or he
would not he arrested or indicted. Be-
sides prosecuting attorneys are looking
for scaips. They want to secure larger
number of indictments and convictions
than their predecessors in office. On
the other hand the defendant is usual
ly without means andlthe. minute he is
arIested-whether innocent or guilty
his friends begin to move away from
him like rats deserting sinking ship.
Many men are indicted forsalieged Of
fenses when they ought not to te mo-
lested-andiothers are letIalone because
they are powerful or have strong po-
litical or social pulls. The process of
indtcting man is very simple. The
prosecuting attorney appears before
the Grand Jury, lays.a few papers and
facts before them-requests an indict-
-ment and presto, it is done. The prose-
cutting attorney in explaining his ac-
tion in doubtful proceeding will say
an indictment is merely representation
but when he sums the case before
jury he never fails: to tharp on the
fact that the Grand Jury found the in.
dictment against the defendant after
investigation and deliberation and that
unless there was probable cause of the
defendants guilt the indictment would
not have been found.
"For these and other reasons too nu.
merous to recite have alw ays avoided
being retained in criminal cases-and
most of ali-murder trials. However
thru business and professional connec
tions on several occasions have beer
compelled to undertake the defense o1
parties accused of murder and in eacf
case have had the most difficult mat
ters to handle. All of my clients welt
guilty.
"OHe case that comes to mind wa
that of teamster or truck driver EN-
pioyed by large wholesale house il
New York and a most valuable nal
he was. His name will give you TO
example as James jackson. He was
young fellow about thirty, married ant
had two children, girl about seve
and boy about five. His wife was
lie It woman AMI they had an ideal lii
tie home but had been unable to saw
very much money-having put it a
into their fat. They both worke i har
and Jackson was we'll liked by all VIII
knew him. His zeal in attending
the trucking of his house had attracte
the attention of the firm and he we
held in high esteem.
"As is often the case traffic in tt
streets in the wholesale district b.
comes terribly congested and the heav
trucks sometimes become entangled
each Others wheels. Early ore morl
ing Jackson got into a dilemma of th
kind. The jehu on the other truck b
came very abusive, blaming Jackso
hurled vile epithets at him and made
menacing iungs at him as if to stril
him. Jackson pushed the other fello
violently and he fell off his high per-
striking his head against the stone paw
ment and became unconscious. T
next morning he died at the hospit
and jackson was taken into cnsto
with the charge Of murder to sta
against.
"The wholesale house for which
worked and the Teamsters' Union
which he belonged engaged me to U
dertake the defense. I knew the d
trict attorney was after convictio