The Meeker herald., 1915-05-01
WON HIS CASE BY
A CLEVER RuSE
Battle Of Wits Between Rivals
In Love.

Drew. Both were attorneys. and both
stood high in the profession. though
Drew had lucrative practice. while
Merritt was but slowly making his
way. Florence's incllnntions were to-
ward Merritt, but she was prneticni
girl and realized that Drew's ettab-
lished income was far preferably to
Meritts prospects. Her father. judas,
Towle. had nothing but his salary And
she had seen her mothers struggles to
bring up family on small income.
Merritt however. had an advantage In
being bright young fellow and was
very popular.
One morning Judge Towle was in his
study getting ready to so to court
Florence was in the room reading the
morning paper. Clayton Merritt was
announced and. mentioning case he
was to try before the Judge that morn
ing. asked him some question as to the
law governing It. After receiving the
desired information he left
Now, at that time Douglas Drew had
Just been appointed the suites attor-
ney. Florence knew this and asked
her father II Merritt and Drew would
not stand in this case as prosecutor
and defender. The Judge answered In
the affirmative. and Florence resolved
to go to court and witness the trial.
The defendant accused Of embezzle-
ment was young man whose intel
lect, bis mother testified, had been-im-
paired in childhood by a severe case Of
scnrlet fever. Merritt knew that he
had been merely a catspaw of others,
but they had covered their tracks SO
well that he had not scrap Of
proof against them. AS the case
progressed it was plain that unless the
Jury could be Influenced sympathetic
ally In the defendants favor he would
be convicted. But juries have been so
often hoodwinked by pathetic appeals
that Merritt had no confidence Of sue
cess In this manner. He laid his plans
differently.
To prove one of those formalities
that are of no importance In them
selves, through required by law. Merritt
forced the prosecution to put on the
stand clerk of the court and having
got him there proceeded to examine
him.
"Who attends to the details Of busi-
ness of the courtY' asked Merritt
II do"
consequently you decide many mat
tiers for the judges, do you 1ot?"
Il do necessarily"
did you not recommend to his honor
in this case that bail be refused?"
u did
"And were you not present during a
discussion between his honor and
Judge b. concerning this matter Of
bail?"
II was"
Now. answer me on your oath. Did
| you not hear his honor say that there
WIS no case against my clientT
Every one In court who had the
| slightest knowledge Of law was aston
ished at such question which any
student In q law school would know
an attorney had no right to ask. The
prosecuting attorney jumped to his
feet and objected. But the Jury hud
heard the question, and. though they
had not heard the answer. they believ-
ed that the Judge must have made the
remark or the attorney for the defense
would not have thought of asking the
witness to. repeat 1t. Merritt. seeing
that they had been influenced. rested
his case. The jury retired and when
1t returned brought In verdict of
mot guilty"
AS Florence Towle walked out of the
courtroom she was Joined by the rivals
for her favor.
| Merritt" said Drew, why did you
ask such an nnheard of question as
whether the Judge had expressed an
opinion on the case?
And why did you objectr' asked
Merritt.
Object? Because you had no right
to ask such question"
| Certainly I had not. And had you
bot objected my asking 1t would have
been of no avail. You should have
| waited for the answer. and 1t would
have been no. OF course his honor
never said any such thing"
The two men and the girl exchanged
glances- Drew looked ready to bite
OF his tongue that had made the OBJ
lection. Merritt smiled complacentiy,
and Miss Towle burst out laughing.
The prosecuting attorney returned to
the courtroom to attend to the next
case. while Merritt and Florence left
the building. and before they parted
Merritt had been invited to dine at the
Towle home the same evening.
| Give me your hand" said the Judge
to Merritt when they met. You are
the first lawyer since have been ON
the bench who has had the impudence
to attempt to prove that had EXPRESS.
ed an opinion In case to be tried he.
fore me-"
And you saved an innocent per.
son. Florence put in. "for you know,
papa. Mr.. Merritt said that he knew his