The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1914-09-04
THE PUBLIC.
DEFENDER
BY F. A. mitchell

law JOhn Bradshaw u nan TO WnOm
every one looked up as u very wise
man. suggested that together with a
public prosecutor they have a public
defender. Mike Conover replied to the
suggestion.
1T seems to me-" he said, that it's
hard enough to get at the truth with
q prosecutor to muddle the jury. II we
have a defender to throw up the same
amount Of dust who's going to see
through it allT"
But Mike had no standing with the
community beside Bradshaw. who was
q large man with an impressive de-
meanor and seldom spoke. but when
he did his words seemed to weigh a
ton. The public defender was appoint
ed, and the citizens congratulated them
selves that justice thereafter would be
provided for accused persons as well
as for the state.
The first person to come before the
court was Mike Conover himself. A
robbery had been committed in the
town involving the loss Of a watch
and about $40 in currency. 1t had Oc-
Cured about II o'clock at night. Joel
Hardness had been walking home
when some one came up behind him.
put his arms around him, and q scuf1e
had ensued. The street was not light.
ed, and Hardness did not see his as
sailant. who soon released his hold.
When darkness arrived at home be
found that he had been relieved of a
gold watch and chain and the money
which he had carried in his vest pocket.
He reported the matter to the police.
who advised him to say nothing about
the matter for the present. They were
engaged In ferreting out other crimi-
nalities, and 1t would aid them II the
criminal supposed that darkness had
pocketed his loss without reporting 1t.
A few days after this Mary DoOlan
went to see Mrs. Conover. but, not
finding her at home, sat down In the
living room. Mary had very keen ears
and. hearing a ticking. wondered where
1t came from. Making a search, she
found a gold watch and chain in q bu-
reau drawer.
Mike being a poor lab0rer. Mary
knew that he could not afford any
such timepiece and talked about her
ind to her neighbOrs. The incident
reached the ears of the police. A
search was made of Mixes home and
the watch found. Hardness without
hesitation identified it AZ his property.
The bills he had lost were not found,
but they could not have been identified
II they had been found.
Mike was arrested. and the public
defender called upon him to hear what
he had to ray and prepare bis defense.
The lawyer was q young man full Of
the dignity Of the law. He was am
bilious to take a prominent part in
politics and hoped to make capital for
himself out of this his 1rst case "a
public defender. Nike assured him
that he val perfectly innocent. He
had gone out to work very early one
morning and came upon a gold watch
and chain lying on the sidewalk. he
picked them up and took them home
after his days work. showing them
to his wife and asking her what 70 do
about It. Bridget said that the owner
Of the watch had doubtless dropped II
unawareo and would advertise It In .
loss notice tackled to q tree or In the
town paper. which would be issued In
q few days. He had better b ON the
lookout for such notice. But nothing
appeared on the trees or in the paper,
and Bridget told Nike when be went
TO work on the day Of his arrest that
she would try to ind the owner.
TAo pu6lic defender listened to this
statensot with supreme contempt. In
the nrst place be did not believe 1t.
in the second he could moi prove 1t.
and in the third he proposed b show
his ingenuity in getting his client Oh.
He asked Mike how much money b
had. and Mike said that Bridget was
his banker and he believed she had
something like 500 in q stocking. The
defender told him to bring 1t to him
Mike" he said. ''your story would
never 20 down with a jury. We must
prove IN alibi." Mike didn't know
what an alibi wal. but he produced
the 600.
At the trial the prisoner was aston
,1shed to learn that on the night Of the
robbery be was In a town fifty miles
distant and at midnight was drinking
in the Alhambra saloon with several
witnesses who swore to the statement.
The defendant made q strong case
and the prosecutor was much troubled
to dtsprove the abb. he talked all
day to gain time and during the night
paid one Of the defendants witnesses
SO to swear that he had been mis-
taken in the man. This broke down
the statements Of the other witnesses
for the defense. and the facts st
conclusive against the prisoner that h<
wa convicted without the Jurors leav
ing their seats.
michael Conover, stand up," said
The Judge. Have you anything to Gay
Why sentence should not be passed
upon your
II have" said q voice. and q mar
In clerical garb came forward and ask