Ashland tidings. [volume] (Ashland, Or.) 1876-1919, 1915-01-07
THE PUBLIC
DEFENDER
By 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.
1T seems to me-" he said. "that it's
hard enough to get at the truth with
prosecutor to muddle the jury. If we
have defender to throw up the same
amount Of dust who's going to see
through it all?'
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 we'll
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
Harkness had been walking home
when some one came up behind him,
put his arms around him, and a scuffle
had ensued. The street was not light
ed, and Harkness did not see his as
sailant, who soon released his hold.
When Harkness arrived at home he
found that he had been relieved of
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 it.
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 ticking, wondered where
it came from. Making a search, she
found a gold watch and chain in bu-
reau 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 Mikes home and
the watch found. Harkness without
hesitation identified 1t as 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 say and prepare his defense.
The lawyer was 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 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 II
unawares and would advertise it 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 ops)n the paper
and Bridget told Mike When he went
to work 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 1t
In the second he could not prove 1t
and In the third he proposed to show
his ingenuity in getting his client OF
He asked Mike how much money he
had, and Mike said that Bridget was
his banker and he believed she had
something like 5000 in a stocking. The
defender told him to bring 1t to him
Mike" he said. "your story would
never go down with jury. We mus
prove an alibi." Mike didn't know
what an alibi was, but he produced
the 5000.
At the trial the prisoner was aston
ished to learn that on the night Of thu
robbery he was in town fifty milei
distant and at midnight was drinking
in the Alhambra saloon with severa
witnesses who swore to the statement
The defendant made a strong case
and the prosecutor was much troubled
to disprove the alibi. He talked al
day to gain time and during the nigh
paid one Of the defendants witnesse
$40 TO swear that he had been mis-
taken in the man. This broke dow
the statements of the other witnesse
for the defense. and the facts were 81
conclusive against the prisoner that h
was convicted without the jurors leay
ing their seats.
"Michael Conover, stand up" sal
the Judge. "Have you anything to sa
. why sentence should not be passes
upon you?"
81 have" said voice. and ma
in clerical garb came forward and ash
ad IN ba awOrn Than ha said.