Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1911-10-11
A BRILLIANT
DEFENSE
By GEORGE B. BURTON
Copyright by American Press Asso-
citation. 1911.
BY GEORGE B. BURTON

Joseph MARYLAND, cashier Of the til
National was on trial for violation Of
the banking laws. There was no more
scrupulously honest man than Mark
land. but the case against him was
complicated. His conviction or ac-
Quittal depended largely upon how it
would be handled by the state ct
torney and counsel for defense. Evan
McCord, the prosecutor, was a rising
young lawyer, ambitious for political
preferment There had been much
grumbling by certain malcontents that
1t was impossible to convict criminals.
McCord, in order to make capital for
himself. resolved to make strenuous
effort to convict every prisoner who
came before him. MARYLAND was
among the first and McCord sent him,
knowing him to be an innocent man.
to the penitentiary.
Years passed and NcCord had re-
turned to the practice Of the law as
an advocate. One day man accused
Of forgery sent for him and asked him
to take his case. McCord assented
and asked the man to tell him all
about it.
mot on my nfe," said the man. III
you defend me on nnee that would
appear proper I shall be convicted.
know that you are a brilliant lawyer
and I wish to secure my acQuittas BY
some brilliant stroke that will con-
vince the jury Of an error"
McCord assented.
Yet there was one criminal to convict
whom he would give even LIES sue
cess. He had had brother who had
been murdered. The murderer had
covered his tracks SO adroitly that even
the shrewdest detectives could not find
the slightest clew to his identity.
Twenty years had passed since the
tragedy. and every year Evan Nc
Cords desire for vengeance upon his
brothers slayer increased till 1t ap-
preached monomania.
Stanwick. whom McCord undertook
to defend by using his own wits rather
than by establishing his innocence.
though much run down. gave evidence
of once having been a gentleman. He
was past middle age and had the hard
look on his face Of one hardened to
crime. He produced very bad effect
on the jury from the start, and Nc
Cord saw that the opportunity to show
his skill in legal manipulation Of
case was great one. Proud as he was
Of his powers. he threw himself into
the case with all his ability.
A forgery case is necessarily compli-
Gated. To convict a person of writing
a mans name SO like that person him
self would write 1t involves the opinion
Of experts in chirography. who are
apt to disagree. McCord by cross ex-
animation greatly aided those experts
who testified that the accused had not,
and threw doubt on the evidence Of
those who testified stanwick had. COM
mitted the forgery. From the counsers
prominence a great deal Of interest
was manifested in the case. especially
by members Of the bar. who attended
the trial in large numbers to witness
McCord's ingenious professional de-
vices.
What was especially noticeable was
the absence of anything like harmony
between counsel and client. The re-
pulsive face of the prisoner was the
study of all present and was consid-
cred the weakest element in the de-
tense. Moreover. now and again that
face was bent upon McCord with q
malignant expression. 1t seemed as II
the man was as indifferentAto his ac-
quittal as his counsel was eager for It
These features rendered the case
supremacy interesting not only to at
torneys, but to, the public. The news
papers were filed with detailed re-
ports of the trial and comments on
the brilliant expedients used by the
counsel for the defense. Therefore as
the legal tournament. as it was called,
drew toward close the interest in 1t
increased. McCord rested day be-
fore summing up. and his speech on
that occasion was regarded a master
piece Of legal defensive ingenuity.
When the case was given to the
jury it was the opinion Of most Of
those present that had 1t not been for
the strong evidence adduced by the
prosecution and the bad impression
created by the prisoner McCord would
have surely won. As 1t was. the is
sue was in doubt. The jury, however.
were not out more than an hour when
they sent in word to the court that
they had reached verdict. Then
they filed in. and before mute. ex-
pectant audience the foreman deliv-
cred the verdict:
mot guilty"
Then occurred the most singular in
consistency of the whole AFFAIR. STAN
wick. who might have been supposed
to give some expression Of thankful
ness. turned upon McCord a look Of
one who had taken a malignant venge-
ance.
However. this was the last of n cele-