The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-23
THE EVENING STORY
His First Case.
by Donald Allen.l

| by Donald Allen.l
Mr.. Paul Franklin had passed his
examination and become a member of
the bar. Not that he intended to hang
| out single and become a practicing
| lawyer but more to oblige the good
old aunt who had brought him up and
sent him through college and had often
| said:
You will have the estate to man
| age during my life, and when / am
gene you will have to manage 1t for
yourself. One should be lawyer to
| do these Things"
Within a week after Paul had been
granted a legal right to add Attorney
at Law after his name, the old law
yer of the estate, in turning the papers
| over TO the young man, said:
| There is one matter I wish to call
your particular attention to. The es-
tate owns Lake Placid. I stocked it
with choice fish several years ago and
put up many signs of No Trespass.'
| Those signs nave been generally re-
! spected, but last summer one particu-
lar person. having camp a short dis
lance away, persisted in fishing in spite
| of all protests. l have just received
word that the same person is back
there for the summer and is fishing
again. Our man there thinks an exam
| pie ought to be made. He says that
when he made protest this person told
him to go to grass"
A very rervy person. remarked the
young lawyer.
Truly so. 1 think you should write
to the agent there to take out war
rant, make an arrest and bring the
case to trial. You can go up there
and appear for yourself and make 1t
your first case. The justice Is bound
to find a verdict for you and impose a
smart fine, and that will deter other
campers from trespassing."
81 don't want to get the reputation
of being arbitrary and mean" said
Paul.
But people must respect the law"
discussion. ''If the laws can't be en-
forced what will become of US? Peo-
pie have no more right to catch my
| fish than to catch my chickens 1t is
my desire, Paul, that you take up this
case. Those people who come out
are very reckless lot. They don't
pay the slightest attention to signs.
What they need is good scare"
Lake Placid was three miles from
land. It was favorite place for sum-
mer camping, and there were no re-
strictions except as to the fishing. 1t
had been stocked with carp as a fad
of the aunt. Word was dispatched to
| the man who acted as watchdog, and
in two or three days subsequently he
reported that summons had been is
sued for the guilty and defiant party,
and he named the date when the trial
was to come off before the justice of
the peace in the village.
Mr.. Attorney Franklin drew a men,
| tai picture of a bearded ruffian with
a political pull who was setting coun
| try law at defiance and denuding Lake
! Placid of its carp in spite of all signs
! and protests, and he at once looked
up the law on trespass and made
| himself familiar with 1t. When he
! had learned all about 1t, he invented a
! plea to the jury.
! Of course, the defendant would call
for one. He went out to the orchard
and repeated his plea over and over
| again. it was strong. 1t was logical.
| 1t was convincing. 1t wound up by
saying that If beetle browed and
! black bearded ruffians could steal an
old lady's carp and not suffer the
their way into her house at midnight
and cut her throat and still go free.
The jury must not look at the value
| of the carp, but at the principle of
the thing. and he would leave the
| case in their hands, feeling that JUS
tice would prevail in the land. The
aunt heard the plea when it had been
trimmed down and got into shape,
and she fervently exclaimed:
Paul. that will be one of the
greatest pleas of the decade! The jury
must convict the ruffian without leav-
| ing the box. You must save a copy
! for your children to read"
! Mr.. Paul Franklin drove over to the
village at the hour named in the pa
| pers. All the campers had turned out
for the trial, as we'll as all the idlers
of the village. His honor was on his
dignity. The defendant had retained
| a lawyer. There was to be a mighty
legal battle.
I'VE ought to apply for three or
four warrants" said the watchdog, as
| Paul arrived THE same person was
out fishing again this morning, and
when 1 yelled at her she run her
| tongue out at mel"
| Paul did not catch the cher" and
| "she." It was the black-bearded ruff
fan he was thinking of. Under sum-
mons, and yet fishing for more carp!
| There must be no letup until the
| doors of the county Jail closed behind
| him It was for Paul to state his case
to court and spectators. He had
| feeling of trepidation as he arose,
but it passed as soon as he heard his
| own voice. He didn't see the black
bearded ruffian among the crowd, but
/ of course he was there.
| There were men. the lawyer told
! the court. who respected the law, and
| there were others who deemed them
| selves superior to it. This was a case
| torious for its graft and pulls" was
| deliberately and defiantly trampling
| the law under foot. He would bring
/ forward witnesses to prove that the
man had not only seen the signs of
mo trespass," but had deliberately
| and defantly-
Here there was some tittering and
! giggling in the room, and his honor
| raped for order.
| Eyes, this man-this ruffian, who
had been accustomed to trample on
1 Mora s41rYtn1 and annIauaa