MORNING ENTERPK1SR SATURDAY. AUOUST5, 1911. '
A BRILLIANT I! I . , ., N ( I T If 1
defense K7T71 So) S S r1 Ln nJ I f
Bt CEOftCE B BURTON
Copyright by Anwtcn Prw Ama-
elation. UU.
l I I J I I Boa I II X
I I
Joaepa Marklaud. i-anbivr of tin -la
National waa on trial fur rtoUUoa l
tb banklpg law Tbtf waa tw mur
. acrapuloual bonaat man tbaa Mark
laotL bot lu caa asalnit aim waa
complicated. Ula i-vavk-tloa ur ac
quittal dvpeuVU largely upon Uow it
would b handled by the nui at
torney and counaai for defense. ban
ftCord. tb proaacutor, waa a rial Of
yoUD( lawyer, aiubltioua for polliloai
preferment. Tbere bad bwo mut-b
(rambling- by certain makvotrtira l&al
It waa tmpoaaible) to cenM criminal.
- McCord. la order to make capital for
hlmaeU. roaoired to make a ntrvououa
eCort to con riot oeery priaouer woo
came beforw aim. Markland waa
among the Brat and McCord aent biui.
knowtns bim to bo an tnuofoot man.
to tb penitentiary. .
; Tears paaaed and McCord bad re
tamed to tb practice of tb law aa
as adrocate. On day n man nct-awd
f forgery aent for bim and aked bim
to take bia caa. McCord aaawoied
and aaked tb man to tall bim ail
boat It. i
"Not on my Ufa." aald tb man.; "If
yon defend in on llnea that would
appear proper I aball be convicted. I
know that yoa are a brilliant lawyer
and I wlab to aecorw my acquittal by
ota brilliant stroke tnat will con
yIdc th Jury of an error. '
Mcord assented;
let tbere waa on criminal to cootIci
whom b woo Id gte tu a life's auc
cesa. Ha bad bad a brotber wbo bad
been murdered. Tb murderer bad
covered bia tracks so adroitly tbat even
' the shrewdest de retire-could not Dud
the . allxnteat clew to bia Identity.
Twenty yearn bad paaaed sine tb
tragedy, and every year Evan Mc
Cord deajr- for vengeance upon bia
brother's slayer Increased till it ap
proached monomania.
8t an wick, whom McCord undertook
to defend by using bis own wtts ratber
than by eata Winning bia Innocence,
though much run down, gav evldenc
of one having been a gentleman. Lie
' .was past middle age aod bad tb hard
look on bia' face of on hardened to
crime. . He produced a very bad effect
on the Jury from tb start, and Mc
Cord saw that tb opportunity to show
hi skill la legal aoanipulailon of a
case waa a great on. Proud as be was
- of bis powers, h threw himself Into
the case with all bis ability. -;
A forgery case, la necessarily compli
cated. To convict a permm of writing
man'a nam so Ilk that person him
self would write It involves tb opinion
of experts tn chlrogrspby. wbo sre
apt to disagree. McCord by cross ex
amination greatly aided thos experts
Wbo testified that tbe accosed bad not,
and threw doubt on the evidence of
thos wbo testified 8 tan wick bad. com
mitted th forgery. From tb counsel's
, prominence a great deal of Interest
waa manifested hi th case, especially
by members of tb bar. who attended!
, th trial in largo nam tiers to witness
McCord'e ingenious professional de
Vices. .
! , What waa especially noticeable was
' tb absence of anything ilk harmony
between, counsel and client Tbe r.
pttlsiT face of the prisoner was the
- study of all present and waa consid
ered tb weakest element In tb de
fense. Moreover, now and again tbat
' tac waa bent upon McCord with a
malignant axpresslon. It seemed aa If
tb man was aa Indlffenrnt to. bis ac
quittal as bis counsel waa eager for It
These fesrurea reodered tbe case
supremely Interesting not only to at
torneys, but to tbe public. Tbe news
papers were Oiled with detailed re
ports of th trial and comments on
tb brilliant expedients nsed by tb
counsel for tn defense. Therefor ss
the legal tournament, as It waa called,
drew toward a close tb Interest In It
Increased. McCord rested a day be
fore summing np. and bis speecb on
that occaalon wAa regarded a master
piece of legal defensive Ingenuity.
When th cane was given to tbe
Jury It was tbe opinion of most of
thos present tbat bad It not been for
. th strong evldenc adduced by tb
-. prosscotlon - and - tb bad - Impression
crusted by tb prisoner McCord would
' have sorely won. Aa It was. tb is
sue was In doubt Tb Jury, however,
were not oat more tban an bour when
they aent in word to tb court tbat
they bad reached a verdict. Tben
they filed In., and before a mute, ex
pectant audienc tb foreman deliv
ered tb verdict:
"Not rnilty."
, . Tben occurred tb most alngular In
consistency of th whole affair. Xtan
Wick. wbo mUrht bare been supposed
to give some expression of thankful-
, news, turned upon McCord a look of
on wbo bad taken a malignant veng
anc. However, this was tb last of a cet
bra ted rase, and In a few minutes
after tbe discharge of tbe prisoner th
courtroom that bad been tbe sera of
an Interesting straggle was emptied.
For a week McCord wss In receipt
of constant congratulations npon bis
brilliant achievement When tbe high
est encomiums were being heuped
opon bim be received tbe following let
ter:. , .. ......
Go on hunting m as you have been ,
doing for so many yeara. I hate you and
all your tribe. Tears ago I got revenge
on your brother, and I have now "done"
you. I sm not Rtsawlek. but Ban Tewlar.
who disappeared years ago. Markland
Once did me a favor..
McCord never took another case
' A Lost' Battle ror Sura. " . '' "
A private soldier wbo had fought
bravely during tu Boer war bad oc
casion to seek employment of a well
kuown general.' This private hnd had
th misfortune to los bis nose wblle
In action. . Tb general waa so tickled
with tbe appearance of tbe man tbat
he burnt Into loud laojruter. to tb dis
comfiture of tb soldier. When his
neuter had subsided tbe general sold:
"My good fellow, where did yoa lose
your nose?" -
"I lost my nos.'alr." gold thj nettled
private, "in th an me battle thst yon j
lost your head " i
rrp
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