Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1915-01-07
WON HIS CASE BY
A CLEVER RUSE
Battle of Wits Between Rivals
In Love.


tween Clayton Merritt and Douglas
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 inclinations were to-
ward Merritt, but she was practical
girl and realized that Drew's estab-
lished income was far preferable to
Meritt's prospects. Her father, Judge
Towle, had nothing but his salary, and
she had seen her mothers struggles to
bring up a family on small income.
Merritt, however, had an advantage in
being a bright young fellow and was
very popular.
One morning Judge Towle was in his
study getting ready to go to court.
Florence was in the room reading the
morning paper. Clayton Merritt was
announced and, mentioning a case be
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 states attor-
ney Florence knew this and asked
her father if 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 a young man whose intel
lect, his mother testified, had been i'm
paired in childhood by a severe case Of
scarlet fever. Merritt knew that he
had been merely catspaw OF others.
but they had covered their tracks SO
we'll 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 a clerk Of the court and having
got him there proceeded to examine
him.
"Who attends to the details of bust
ness of the court?' asked Merritt.
Il do"
consequently you decide many mat
tiers for the judges, do you notY'
Il do necessarily"
did you not recommend to his honor
in this case that bail be refused?'
81 did"
And were you not present during
discussion between his honor and
Judge B. concerning this matter Of
bailY'
Il was"
Now, answer me on your oath. Did
you not hear bis honor say that there
was no case against my client?''
Every one in court who had the
slightest knowledge of law was aston
ished at such a question which any
student in law school would know
an attorney had no right to ask. The
prosecuting attorney jumped to his
feet and objected. But the jury had
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 it. Merritt, seeing
that they had been influenced, rested
his case. The jury retired and when
it 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 unheard of question as
whether the judge had expressed an
opinion on the case?"
''And why did you object?" asker
Merritt.
object? Because you had no right
to ask such a question"
Certainly | had not. And had yuu
not objected my asking it would have
U63u VI uO uNUH- 1Ou ud\t
waited for the answer, and it wou,:
have been no OF course his homo
never said any such thing"
The two men and the girl exchanged
glances. Drew looked ready to bitr
off his tongue that had made the oil,
lection. Merritt smiled complacently
and Miss Towle burst out laughing
The prosecuting attorney returned t"
the courtroom to attend to the mex
case, while Merritt and Florence lief.
the building. and before they partec
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 or
the bench who has had the impudence
to attempt to prove that had express
ed an opinion in a case to be tried be
fore me-"
"And you saved an innocent per