Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-09-30
MY FAVORITE STORIES
By Irving S. Cobb

ears ago when j ohm H. Atwood, a diStin-
guished Kansas lawyer, was practicing at
Leavenworth he deliberately violated all the
traditions of the legal profession by denounc-
ing a client in open court as one unworthy
of winning the cause, and yet not only won
the clients case but escaped any censure
from the Bar Association for doing it, It
was a long time before Leavenworth ceased
to smile over his remarkable conduct of &C
ton and the story is still good for laugh
whenever lawyers gather to swap yarns
The suit came up in the district court
Colonel D. r. Anthony, then the fighting
editor of the Leavenworth Times, was At
woods client Colonel Anthony was being
sued by John G. Douglass for possession of
a valuable lot on which Colonel Anthony
had paid taxes regularly for thirty years It
appeared that previous to that time Douglass
had obtained tax title to the property.
Now, the unique situation was that Mr.
Atwood was a bitter enemy of both plaintiff
and defendant. His quarrel with Colonel An
thony was Of long standing. 1t amounted al
most to personal feud between them. The
colonel only retained Atwood to represent
him because his regular counsel was inca
pac1tated from serving in this particular
case
This, then, was the situation when At
wood, at the conclusion of the trial, arose
5.
"My it please this court: [ CONGRATULATE nv
self upon the judicial frame of mind in which
l am enabled to approach consideration
OF this matter For my perfected apprecia-
ton of the many virtues that Judge Douglass
possesses, and Colonel Anthony's failure to
appreciate any of mine, leave me in state
delightfully."- impartial. Ordinarily lawyers
zeal for his clients cause outruns his judg-
ment but when that client has knocked out
the bung from the hogshead of his wrath
and deluged him with it's contents until he
wades up to his middle in troubled waters,
situation is presented that tends to neu-
tralize the lawyers zeal until it is reduced
to a judicial calmness that is without Bias;
and so am able to undertake discussion
Of this affair without prejudice, passion or
any feeling.
"The one thing that is wrong about this
case is that your Honor cannot find against
both parties Of this suit. From the stand
point of personal merit, neither Of them
ought to win. Neither of them came into
court with clean hands and I have doubts
about their feet But Anthony has paid the
taxes for many years on the property and in
so doing has contributed to the revenue of
his state and county. This is playing the
part of the good citizen, a part that is new
to him and sets awkwardly upon him and
one that startles the community with its nov
city But since he is playing this part he
ought to be encouraged in it by being per-
mitted to win this suit. When you find one
who is doing right for the first time in his
life, the thought of discOuraging him reYolts
the judicial conscience
eff it is said that Anthony stole horses in
Missouri I reply that Douglass stole home
steads in Kansas. If it is said that Anthony
has been a detriment to the community
reply that Douglass has never paid debt he
owed IN the community If it has been said
that Anthony has been sued often, l reply
2 bac ad O+b tuyino
II will admit your Homo that it is
choice Of evils; one of the evils has hooked
nose and the other has a peg leg, but the
hooked nose pays the taxes and the peg leg
doesn't, and that is where my side has the
best of it. If you feel inclined to decide !
this case in favor Of my opponent because
of the delightful sentiments that cluster
around his name, and through your mind
should float the beautiful strains of Douglas |
Douglas, tender and true I ask you to re-
member that my client claims saint among
his ancestors. I will admit that the claim
has never been allowed, but we make it all
the same.
your Honor may think they are two old
devils together. but I submit we are not re-
spOnsible for the age Of Judge Douglass in
Equities. To be sure, tile great age Of my
client is an evidence that they whom the |
GODS love die young, but that does not alter
the fact that he, and he alone Of these men,
has paid the taxes.
80 I ask you Honor to overlook the fact
that my client has usually been wrong and
remember that now, for once in his life, he .
is right Let his wickedness hide itself, in
a measure, behind the wickedness Of Doug
lass. I can see that Your Honor is itching
to hit them both and ordinarily you could
not hit them lick amiss but pray remem-
Der that you can't beat them both much as
they deserve it, and since you mus give the
case TO one Of them 1 ask Your Honor to