676
The Green Bag
before a jury as a snowstorm would have in Hades," responded the lawyer dis gustedly. “I don't want to go into
to the jury.
court and make a fizzle of it, if you do.
the entire Slabtown community was
You'd better confess up and end this thing. Take your medicine now like a. man, and it won’t be so bad. They're all against you. You haven't got a soul to help you but me. Be square with
against the vagabond. But the trial was not going to end right away. The court became irritated
convinced of the accused's guilt, and made this opinion clearly apparent
It became clear, too, that
by the attorney's persistent and pro longed cross-examination. Jim Johnson
me anyway.”
calmly continued his desperate fight
But the prisoner obstinately refused to plead guilty, even if deserted by his
and gradually gained the sympathy of at least part of the jury.
attorney. “Well, then, I can't drop it. If I could, I would. I'll make the best
The trial dragged through the day, the following Monday, and part of Tuesday before the arguments to the jury were closed.
fight I can, and they'll at least find me on the job. By the way, Amos," slyly continued the lawyer, "you might
The charge of the court fully reviewed the facts as well as the law, and could
as well tell me where that eleven dollars is. That'll help some."
leave no doubt of the court's opinion on the question of guilt. This was rather
But Amos refused to bite. "I tell you I never took it. Honest to God! I haven't got any money."
astonishing to the young lawyer, who knew that in the state courts
So the lawyer prepared as best he
could to fight a hopeless case. He became haunted with the idea that his obstinate client might possibly be innocent. He determined to act on that theory and battle with all his might.
The fact too, that the accused
was wholly abandoned by his acquaint ances, and that only an old unknowing mother still had faith in him, appealed
to his sympathies.
the judge always carefully refrained from indicating an opinion as to guilt or innocence. The next morning the jury was still out. Before noon the jury reported a hopeless disagreement. They were sent
back with the suggestion that there was nothing to disagree about, and they must agree. They reported again later in the day that they would never agree no matter how long out.
The court finally discharged the jury It was the case of Sixty-five Million People v. A. Vagabond, indicted burglar. The trial duly commenced Saturday morning. The presiding federal judge was from abroad taking the place of the regular sitting judge. He was anxious to rush matters and get away that day. But lawyer Jim Johnson was not going
to be hurried. He had enlisted for a battle and not for a skirmish. It is needless to go into detail.
The
federal judge evidently soon became
and angrily ordered the case to be
immediately retried before a new jury. This was extraordinary and most unusual.
The newspapers had printed
full accounts of the first trial.
Most of
the remaining jury panel had been in and about the court room listening to
and discussing the first trial. It seemed impossible to get an impartial jury at this term.
But Jim Johnson protested in vain. The court was now firmly convinced
