| Show V i low jow Smart smi i h Cli Clients e eJ t J 1 Chi Chicago go Inter Ocean While the df f c attaches l to every d defendant placed on trial yet it Is those Inho who have hae a con Of t their gJ guilt who stud study plan V and scheme in every possible way to defeat schee the end ends S of jU steel Th The Instances Cited le are facts which devel developed I I ope f long ong si since ce in the Courts They show what deperte desperate chances ar are So sometimes e taken O on n b behalf I of the prisoner at bar to gain freedom gin JUdge Tuthill wih with a ju jury wa was ed in he hearing ring a case in which the de fenda t was va charged with a assault with 1 intent n te n o 0 kiL kill Th The wit ent saul al also so con i tamed the habitual habitual criminal count In Incas cas of conviction it meant twenty e r in Jolet at the i least least The pris on r was iS defended by Attorney DIck I I Wade Vade The complaining wine witness was wass 1 s p police o officer f er whose went to to S show hoW tho that t the defendant had at tempted to sh shOot ot him having drawn I a revolver r a and nd pulled the trigger ger three tImes th s the car falling to explode I There was vas no queston question of identity the thc prisoner b being ing taken in the actS act The pistol was also exhibited How HaW do you ou account for the cart cartridge cartridge ridge not not going of off queried Attorney y Wade of the prosecuting witness winess The sl spring is I so weak the hammer I was not forced down sufficiently y hard to even the shel said the wi wit witness I n ness s Taking the revolver in one handi I waS as l d d just as I it wa was on the nigh of h alleged attempt at murder L t Wade Vade addressed te the court Your hOnor I wi stake the liberty of my clent client on a proposition I If I am wrong wron he wi will enter a Pl plea ea of guilty if I am right he must go free ree I Our C contention is that tho this Is defendant Is prosecuted by this officer because I of spite because spie he ha has long enter tined tamed a hostility toward hun hinl I believe him to be lying in or det der to convict m my Client IJ if this court will vi take fake the revolver lOaded as s it is and was on the night in ift question and h have ve your our bailiff cock it queston and pul pull the trIgger we ve wU will be bound by te the re sUIt stilt We Say I it Is bound to bY go of of an W Would uld ha done so on the evening in queston question If the attempt had been made as the claims StrUck With ih the strangeness of the and its evident t fairness JUdge Tuthill handed the revolver r I wit with hammer raised over the cartridge w which was ua said to have been used to Buff Calder the court bif bailiff and Instructed him to go to ta the window and I see if I it Was tae loaded Te The cartridge I was exploded and the defendant was discharged in consequence George the laWyer of D troit was vas caled called to Iowa to defend the son of ota a wealthy Sac Sae c county farmer charged wih With the forgery of a bank draft draft The de admitted having cashed the draft at a certain bank and Obtained the non money He claimed he wa was the agent for a third part party who wh received the proceeds paid by bj the b bank There seemed to be but little doubt of the guit guilt of the Bai Ball was fixed at and given Some weeks to the trial as nerved on this tha pr prosecuting th that t dep on behalf of the defendant would be betaken betaken taken at a little viage village forty miles mUes r re removed moved from a railway in North Dako Dakota ta tnt To this the representatives of the thestal stal paid no attention When Ven the ce cewa case wa was caled called for tria the first twelve men to go into the box were accepted accented without a question by the defense defense The state thought i It had a sur sure thing and that the prisoner wa was good for a te tex spot at least least Ap An expert exert i an Ing from Chicag Chicago was called b by the prosecution who swore positively to the indorsement on the back of the draft as being that of th defendant He gave hi his reasons at length The r t t inder of f the went to make a j Prima f facie cie cae case for the Th The defense e intrOduced in Droner form a deposition taken on due no tire In Dakota the wines witness being one Money who depos deposed d he had won the draft in question from the complaining wines witness Martin B purcel Purcell In a poker game that had indorsed i It and that he gave i it to the defend defendant ant to get cashed as the winess witness was not acquainted at the bank and could not be ealy easily identified The rading reading ot of this testimony wa was followed by that of the father mother brother and school schoolteacher teacher of the defendant who swore positively he could not write his own name A v verdict Of not guilty ly was the resul result I It was ascertained that the accused went vent to Dakota and impersonated Money In taking the de deposition position signed Moneys name to the evidence and then returned to stand trial having fortified himself wih with a strong corroborative winess witness For this he wa was Indicted on charge a of perjur perjury and again placed place on trial trial Is HIS counsel moved to quash the indictment on the ground that the Of the sup sun supposed posed Money Wa Was not competent op on the original tria trial and should not have been admitted in a criminal trial This be being being ing the cae case it could not have been material to the issue The court took this view and th the accused was giveS len hi his freedom V The The question of identity is often one of the most troublesome the prosecution has to contend wih with Judge was tring trying a robber robbery ease case in Ck Cook county criminal court The accused had a twin brothen who closely resembled resembled bled him The complaining witness w was positive the accused wa was te the man who held him up and took his money Coun Counsel Counsel sel for fort the accused asked the court to send the winess witness to the anteroom for fora a moment before he be bezan ai hIs cross examination ton This This Wa was one lone The two brother brothers were ere then given seats to together ther directly in front of the judge While counsel himself took te the prIS prISoners prisoners seat seat The witness was then re recalled caled called and asked to point out the rob robber robber ber He frankly admitted he e could not do sO wih with any certainty but was as sure It was vas one ot Ce thc two Might it not h have ve been a man who looked just like hike of these brother brothers asked counsel for the this accused Certainly responded the witness Gentlemen YOU wl will find a verdict of not guilty said Judge Clifford and it was accordingly entered |
