The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-05


need 1t, and If I clear you, you can
earn more" L have found as all other
lawyers have found it, that the tension,
nerve and zeal of a lawyer who defends
in a criminal action is poorly paid and
he receives only a sparse and dimin-
ished dividend on the expenditure. And
SO 1 can say to this distinguished body,
which is the strong right arm of our
laws, our peace, our good order and
security, If you see me come into the
court room as fresh criminal case
is about to be lime-lighted. you need
not query your curiosity in wonder
ing whether I am going to help defend.
1 am against the government no
more. The white flag I raise here is
sincere. Ny lips have bid goodbye
to their culver in criminal case;
my voice will be no longer shaky and
husky; alas, 1 shall pull the tremolo
stop no more; nor will my ancient
eyes fill again with the east wind and
empty their tear ducts on the near
jurymen. Hereafter you will have to
convict your criminals without my aid.
1 look forward to the time when your
efficient corps will run crime out of
Kansas into Missouri, where it is ma
tive. The pen at Lansing has fewer
convicts, according to population,
than any other state in the union.
Little Crime in Kansas.
County boards are obsessed as to
how to utilize the county jails; it is
& pride 1 try to fatten myself on, that
the people of Kansas are more intelli
gent and less criminal than that of
any other community or state on the
face of the earth Some one in this
audience is attempting by some silent,
subtle species of communication to
punch my inner SubcOnsciousneSS to
say, that Democratic majorities and
empty county jails are companion pic
lures in Kansas today and have come
to stay. 1 give credit to whomsoever
it is due when L say to the efficiency,
zeal and ability of the county attOr-
neyS of Kansas, the people owe this
public state of order. 1 may come
into your courtrooms and snuff the
scent of battle up my nostrils, l may
have the old habit of believing 1t my
duty to be agin the government, but
the thing is barred. Never again will
my solar plexus be inflamed by a
blow delivered by you. Never again
will you tell the jury that Waters
has wandered in his argument of the
case all over creation, among Egyptian
ruins helped to exhume a buried
Pompeii, rhapsodised women and be-
guiled you gentlemen of the jury,
over the Balkan war, toured you
through the Holy Land, compelled you
to weep with him over the tomb of
Adam, melted you to tears, exhorted
you to be honest, that you should not
whip your wife, nor invest your wagon
load of wheat in options bought of a
Kansas City bucket shop; he has done
all this; but as to the facts in this
case, he has been more distant
neighbor to them than is the sun to
us, that seems with it's pin point of
light to be a thread knot in the coun-
terpane of the Milky Way.
1t is about time 1 was quitting.
There is now no dream of happiness in
expecting a reversal of the judgments
you obtained in the lower court. The
supreme court has taken notice and
sits up. 1t is a subscriber to Golfers
Weekly and takes the advanced pro-
greSSiVe ground advocated by that
christian mentor that cases should be
decided on the merit of the contro-
verSy, regardless of constitutional OBJ
struction, legislative enactment and
it's own precedent. A reversal is now
glass and extinct as the dodo. There
is now no appeal The efficacious
plea of abatement, the dear motion to
quash, have given up their ghosts. 1t
is now inconsequential whether a jury
is impaneled, if the evidence in it's
opinion is strong enough to have COM
PEELED a conviction, if a jury had been
impaneled; all the glorious phases of
self defense are obliterated; all the
alibis and autrefois acQuit or convict
are as useless as chaos and meaning
less as uncreated things. The whole
brood and family of insanities have
been relegated to the junk pile. He
reditary insanity. congenital insanity,
ity, epileptic insanity, idiocy lunacy,
petit NAL, melancholia, dipSomania,
monomania, deluSion,
hallucination, frenzy, madness, para
noia and that stand by in the last
ditch known as dementia Americana;
the brain storm, sweeping as raw
aging tornado, hooking the under
standing, enmeshing the will, para
lying the mind, during one short cat
aclysmic, explosive and earthquake
mi n q crime f
ted. 1 do not desire to be misunder-
stood, as Ed O'Neil was the other
day, when he wrote the paper he
would not vote for either candidate
circumstances and then said the next
day in a correcting article in the pa
per, that he had always been for
Cofran and he did not see how the
people could have so n1iSconstrued his
previous article. I want to stand right
with our big court. 1t is a court of
probity and ability and is quoted ap-
provingly by other courts. Its mem
bership is of the best of our citizen
ship.
Enough Criminal Experience.
1 have had experiences enough in a
criminal way. Burden and care have
more than brimmed my cup. l have
had Is convicted clients of mine cart
ed up the main street of Lyndon in a
steel cage and the only difference be-
tween that outfit and menagerie was
that they did not climb the bars, nor
have tails to twist around the Stats
of their den. There must be episodes
in a long career. This life is full of
one thing and another. It was so with
Yon Yonson, but he was unusually
slow in compromising things. He
was called to testify in a damage case
where the widow of ole Olson was
suing to recover damages from the
railway for his death. Now, Yon,
will you please state to the jury what
you know concerning the death of
Ole Olson ?" AYE ban first down das
track a quarter mile and aye came to
Ole'S leg and aye ban furder down on
daS track and aye run on to hees arm,
and dan when aye ban one mile more
aye saw hees head ban on das track