The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1914-09-11
THE PUBLIC
DEFENDER
3, F. A. Mitchell

In a western community into which
the people were introducing courts of
law John Bradshaw, a man to whom
every one looked up as a very wise
man. suggested that together with a
public prosecutor they have a public
defender. Mike Conover replied to the
suggestion.
ut seems to me-" he said. that it's
hard enough to get at the truth with
a prosecutor to middle the jury. If we
have a defender to throw up the same
amount of dust who's going to see
through it ala"
But Mike had no standing with the
community beside Bradshaw. who was
a 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 &C.
Cured about IL o'clock at night. Joel
Hardness had been walking home
when some n 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
s%ailant, who soon released his hold.
When Hardness arrived at home he
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 it would aid them IL the
criminal supposed that Hardness had
pocketed his loss without reporting 1t.
A few days after this Mary Doolan
went to e 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
it came from. Making a search, she
found a gold watch and chain in a bu-
-eau drawer.
Mike being a poor laborer, Mary
knew that he could not afford any
such timepiece and talked about her
find 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 as his property.
The bills he had lost were not found,
but they could not have been identified
If they had been found.
Mike was arrested, and the public
defender called upon him to hear what
he had to say and prepare his defense.
The lawyer was a 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 first case as
public defender. Mike assured him
that he was 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 to do
about it. Bridget said that the owner
Of the watch had doubtless dropped 1t
unawares and would advertise 1t in a
loss notice tackled to a tree or In the
town paper. which would be issued In
a few days. He had better be on the
lookout for such notice. But nothing
appeared on the trees or in the. paper.
and Bridget told Mike when he went
to w0rk on the day Of his arrest that
she would try to. find the owner
The public defender listened to this
statement with supreme contempt In
the first place he did not believe it,
in the second he could not prove it.
and in the third he proposed to show
his ingenuity in getting his client on.
He asked Mike how much money he
had. and Mike said that Bridget was
his banker and he believed she bad
something like $500 in a stocking. The
defender told him to bring it to him.
Mike" he said. your story would
never go down with a jury. We must
prove an alibi." Mike didn't know
what an alibi was. but he produced
the $500.
At the trial the prisoner was aston
ished to learn that or the night Of the
robbery he was In a town ffty miles
distant and at midnight was drinking
In the Alhambra saloon with several
witnesses who wor to the statement.
The defendant made a strong case.
and the prosecutor was much troubled
to disproye the alibi. He talked all
day to gain dime 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 yer 90
conclusive against the prisoner that be
was convicted without the Jurors leav.
ing their seats.
michael Conover. stand up" said
the Judge. "Have you anything to say
why sentence should not be passed
upon you2"
II have" said . voice. and a man
in clerical garb came forward and ask
To- ELI u q - EN Et 80 Ea fkH