Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1911-09-08
A BRILLIANT
DEFENSE
BY GEORGE B. BURTON
Copyright by American Press Asso-
citation, loll.

T 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 at
torney and counsel for defense. Evan
NIcCord, the prosecutor, was a rising
young lawyer, ambitious for political
prefernlent. There had been much
grulnbling by certain malcontents that
it 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 N1cCord sent him,
knowing him to be an innocent man.
to the penitentiary.
Years passed and NIcCord had re-
turned to the practice Of the law as
an advocate. One day a 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.
''Not on my life," said the man. IF
you defend me on lines that would
appear proper I shall be convicted. l
know that you are brilliant lawyer
and wish to secure my acquittal 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 life's 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 it ap-
preached monomania.
Stanwick. whom AlcCord undertook
to defend by using his own wits rather
than by establishing his innocence,
though much run down, gave evidence
Of once having been gentleman. He
was past middle age. and had the hard
look on his face of one hardened to
crime. He produced a very bad effect
on the jury from the start. and Nc
Cord saw that the opportunity to show
his skill in legal manipulation Of a
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 person Of writing
a mans name so like that person him
self would write it 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 counsel's
prominence 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 a
malignant expression. 1t seemed as If
the man was as Indifferent to his ac-
quittal as his counsel was eager for it,
These features rendered the case
supremely interesting not only to at
torneys, but to the public. The news
papers were filled with detailed re-
ports Of the trial and comments on
the brilliant e1pedients used by the
counsel for the defense. Therefore as
the legal tournament. as it was called,
drew toward close the interest in it
increased. McCord rested a 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 it not been for
the strong evidence adduced by the
prosecution and the bad impression
created by the prisoner McCord would
have surely won. AS it 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 q 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 malignant venge.
ance.
However. this was the last Of cele.
brated case, and in a few minutes
after the discharge Of the prisoner the
courtroom that had been the scene of
an interesting struggle was emptied.
For week McCord was in receipt
Of constant congratulations upon his
brilliant achievement. When the high
est encomiums were being heaped
upon him he received the following let.
ter:
Go on hunting me as you have been
doing for SO many years. hate you and
all your tribe. Years ago I got revenge
on your brother. and have now "done''
| VIII I am not SfansriaIe hut I2ox, 1,ourlo.