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The Green Bag,
notice to the attorney-general : who, seeing ney appeared to oppose, and Grunzig was the error of the challenge, advised the judge hanged; piteously on the scaffold appealing to grant the stay, so that the legal merits to God that he was innocent. All the spec might be heard. Still angry at this new tators became impressed with the truth of interference the district attorney moved to his appeals; yet an absolutely innocent man set aside the stay, but ineffectually. Where was killed; for not long afterwards the sus fore Carnal's case came before a bench of pected mistress acknowledged her guilt, appeal, and a new trial was ordered on Mr. and absolved the unfortunate Grunzig. Mr. Clinton's exception. While Mr. Clinton had Clinton pronounced it a judicial murder, expended time, patience, money, and in as did, when too late, some of the news tense professional labor without fee or hope papers. The event produced so great an of reward, the notoriety of the case gave effect upon the officiating sheriff, and upon him the greatest of reward by inviting atten the new district attorney who shortly ac tion to his professional zeal and success. ceded to office, that both became thereafter That Carnal case was as much a turning advocates for the abolition of capital punish point in his after career as was the well- ment. known Earl Sandwich case in that of Erskine. During the quarter century succeeding Carnal was never re-tried : a new district Mr. Clinton's remarkable debut in criminal attorney came into office, and Carnal pleaded cases, he also came conspicuously into no to what his crime legally was — man tice in the civil courts. He was retained in slaughter; was sentenced to imprisonment, the celebrated Lemmon case that brought served his term, and afterwards became a to the fore, on the eve of the Civil War, the farmer in Minnesota. relations of slaveholders to their slaves But in his next murder case — that of a when brought into free States, he taking the German named Otto Grunzig — Mr. Clinton ingenious ground that what was property in was not so professionally fortunate. The Virginia necessarily remained property in accused was convicted of poisoning his wife every other State of the Union. But the while, as charged, living with his mistress. court followed the British law, that a slave He was defended by incompetent counsel on touching free soil became a freeman. who took no exceptions, and therefore, Mr. Clinton was retained in CAUSES CÉLÈBRES, when sentenced to be executed, they had relating to cases of crini. con. and divorce : no relief except from executive clemency. and gained therein much fame for in genuities. As counsel he seated two judges A German society, attracted by Mr. Clin ton's exertions in the Carnal case, then by quo warranto proceedings. He acquitted employed him to petition the governor for the notable Mrs. Cunningham for the homi a commutation" to life imprisonment. The cide of Dr. Burdell, and in the face of over retainer was accepted, and Mr. Clinton, in whelming testimony of motive for the deed concert with the client's confessor, became and exclusive opportunity to commit it. His cross-examinations of the witnesses dis intensely interested in the dramatic excla mations of his client in his cell as protesting tinctly opened the door for admitting the his innocence; and immediately took up a theory that revengeful enemies of the victim line of investigation that the incompetent possessed equal motive and opportunity. Her acquittal brought herself and the vic defending counsel had overlooked. His in tim into the Surrogates Court, where Mr. quiries satisfied him that it was the jealous Clinton's skillful handling of probate matters mistress of his client who had poisoned the invoked for him fresh retainers in that legal wife, and on that theory he solicited the gov speciality. He was a counsel in the famous ernor. But the same angry district attor
