CLEARED\E CLIENT,
Episode In the Legal Career of
Senator Stewart.
HIS LAST CRIMINAL CASE.
The Trial Which Moved Him to De
clare He Would Never Again Defend
a Man Charged With Murder and
Turned His Career "toward Politics.
"Every true lawyer will be loyal to
his client above all things," said for
mer Senator Stewart of Nevada. "1
once heard that great lawyer, Senator
Davis of Minnesota, say, 'When a man
places his life in my hands there is
eome danger that I may go to the pen
itentiary, but there is no danger that
he will hang.'
"Senator Davis meant to convey the
idea that he would resort to every
conceivable means to save the life of
any client who placed that life in his
keeping. That was the principle which
encompassed me when I was in crim
inal practice. Because I went to ex
tremes in saving a man from the gal
lows I quit criminal practice.
"My last criminal case was a singu
lar one. I was practicing law in Ne
vada and had achieved quite a reputa
tion as a criminal lawyer by reason of
several almost phenomenal successes,
as luck would have it. The rougher
element seemed to have confidence in
me and to feel safe in placing their in
terests in my charge. Thus it hap
pened that when a man named Ellis
was arrested for killing a man named
O'Brien, on a mining claim, a friend
of Ellis came to me and paid me a re
tainer to defend Ellis. I accepted the
retainer without making any inquiries
as to details or particulars. I was
busy with other matters.
"Just before the case came to trial
I looked into it and found that the
case against Ellis was a strong one.
In fact, 1 did not see how Ellis was to
have a ghost of a show for his life.
I could find no plea on which to de
fend him. The community was preju
diced against him, and some of my
best friends came to me and begged
me not to defend him. But that made
no difference to me. I had accepted
the retainer, and I was Ellis' lawyer.
It was my duty to save him, if possi
ble. Consequently I told my friends
that I was Ellis', lawyer and that 1
intended to clear him.' For the life of
me, I didn't know how, though.
"As trial day drew nigh. Ellis grew
more and more nervous. He sent for
me again and again to come and see
him, but I persistently refused to do
so. I felt that he was guilty. I be
lieved that he would lie to me and
—confuse me. I stayed away from him
and sent word that I would be on
hand to defend him. He was obliged
to be satisfied. No other lawyer would
take his case. But I made a bluff of
telling all over town that I was going
to clear Ellis. Meantime I had been
making desperate plans for my client.
"Only one year previous to the' trial
of Ellis a popular young Irishman
named Barney had been convicted of
murder on circumstantial evidence.
Subsequently the real murderer was
found and lynched. The ease of poor
unfortunate Barney was fresh in the
minds of all, and the man who had
been his attorney and had earnestly
pleaded for his life was now the pre
siding judge. Moreover, the principal
witness against my man Ellis had been
the principal witness against poor Bar
ney.
"There was another witness, who
was afflictel with an impediment in
his speech. "When excited he would
stutter and go through such contortions
that nobody could understand anything
that he said, and his gestures were the
writhings of an insane man. I had no
witness for the defense and had to
clear my man with the witnesses for
the prosecution.
"There had .been a row on the moun
tain side, and the evidence showed that
Ellis had murdered a man named
O'Brien • without provocation except
that O'Brien had claimed prior right
to the mine of which Ellis had taken
possession. O'Brien had gone into the
mountain to assert his claim, and Ellis
had killed him in the presence of two
witnesses.
"Well, whe& the time came for trial
Ellis sent word to me that he wanted
to talk to me in the courtroom, but I
sent back word for him to keep his
mouth shut and see me immediately
after the trial was over. The poor
devil sat in the dock and eyed me wist
fully. I could see that he had confi
dence in me as a crimiaal lawyer who
had never lost a case, but his life was
at stake, and he was guessing hard. I
allowed the prosecution to' make out its
case with its witnesses and offered no
objection of any kind. I told them that
I was busy and wanted to get through
the trial as soon as possible and as
soon as my client was acquitted must
take up another case, involving a great
deal of property. It was a bluff, ol'
course, but a bluff sometimes beats a
full hand.
"When my turn came ,1 took the
principal witness for the prosecution,
and I went after him In this fashion:
'You are the man that swore away the
life of poor Barney last year. His
blood cries aloud for vengeance. We
all know, everybody here knows, judge
and jury and all the people know, that
you swore away the life of that poor
boy when he was innocent. You seem
'to make it your business to testify in
such cases. You evidently like to
M iplace yourself in a position where you
Can swear away human lives. Every
body knows that poor Barney was here
in Nevada, and his aged mother weep
ing in Ireland, when you swore against
,am, and he was hanged altogether on
; our testimony. I don't know what
you have «gainst Ellis here, but of
course you have some grudge.'
"Here the prosecuting attofhey prop
erly interfered and demanded that the
witness be protected from insult, but
•he judge ruled that the man who
swore away the life Of poor Barney
deserved no protection. That decision
had an immediate effect upon the jury,
and I could see it. I was not defend
ing Ellis directly, but I was success
fully prejudicing the minds of the
jury against this witness. I kept on
abusing him and finally compelled him
to admit to judge and jury that he
had been mistaken in the Barney case
tiie preceding year. Then I ranted
and shouted:
" 'How dare you come into this court
to swear away another human life?
llow dare you appear before a jury of
intelligent men, all of whom know of
tlie Barney case? You admit that you
were mistaken in the Barney case and
your testimony hanged that unhappy
lad. You are also mistaken in this
case unless you are perjuring your
self. But you can't hang Ellis with
your prejudiced testimony. I thank
Ood that the people of Nevada did not
mob you last year, and I hope that
they will not lynch you now, but you
had better get out of this community
as soon as you can or I will not vouch
for your worthless life. Get off the
witness stand and get out of my sight.'
"He disappeared. He was in a hurry
to get out of the room. He was almost
scared to death, and the jury could see
that too. While he was getting out of
the room I called for the other wit
ness, and he came to the stand in a
nervous, trembling manner, which in
dicated that I already had him scared
almost to death, He was very much
excited and evidently expected me to
go after him as I had gone after the
other witness. He could scarcely stam
mer his name, and this is what I did
to him:
" 'You saw O'Brien, the dead man,
raise a shovel and try to brain Ellis
here. You saw Ellis run away from
him. You saw O'Brien run after Ellis
clear to the edge of the pit. Your own
eyes witnessed the fact that Ellis did
not draw his gun until he was about
to be brained and knocked into the
pit. Now, tell the jury the truth with
out any hesitation or quibbling. Out
with it!'
"The poor fellow began to stutter
and stammer and shake his head. He
raised his arms and waved them about
his head. He stammered and finally
put his hands to his eyes, tears of vex
ation 11 owing, and then I shouted:
" "Tears will not avail you. Let your
conscience work. You know the truth,
and you know that this deed was done
in self defense. Tell the truth or get
off the stand.'
"He got off the stand. The jury
did not know that he was a stutterer.
They saw only that the witness was
stricken dumb before a determined 'at
torney, and they saw from his tears
that he was regretting hi 6 direct testi
mony. My case was won. It took less
than five minutes for the jury to ren
der a verdict of not guilty.
"As soon as the verdict had been
rendered Ellis came to me and asked
if his life was saved, and I replied:
'Your life is safe for just about*ten
minutes. people are now going
to the saloon, and as soon as their
whisky takes effect they will come
here and run you up on a cope. While
they are drinking you must scoot up
the mountain side and disappear. Now
get out as fast as your legs will carry
you.' "
"No man ever shinned up a moun
tain side witjj mfore expedition than
Ellis d!U that morning. He disap
peared in the brush, and nobody ever
saw him again in those diggings. I
got on my horse and also disappeared,
as A did not know what the mob
might be tempted to do when they
failed to find Ellis. Of course, after
they cooled down, none of them blamed
me for saving my client, although they
were all satisfied that he was guilty.
Even the jurymen told me afterward
that they did not see how they ever
acquitted him.
"That was my last case in criminal
practice. I declared that I_ would
never again take the case of any man
charged with murder. I felt that I
had done my duty as a lawyer and
had sifved the life of a client who
trusted that life to me, but I was
deeply impressed with the belief that
I could not do it again under any
circumstances. So I quit criminal
practice and went into politics. But I
had not seen, the last of Ellis. I had
dismissed him from my mind entirely,
but* ten or twelve years afterward I
was in Salt Lake City participating in
a public meeting. Late at night I
was walking to my hotel when a man
rushed out of a little alley, handed me
a purse of money and said: 'Take it.
It's yours. You earned more, but that
is all I have now. You saved my
life. I'm Ellis.'
"With that he disappeared, and I
have never seen or heard of him since.
All of the circumstances were against
him, and yet maybe he was Innocent.
A man who will go out of his way to
pay a debt as Ellis did must have some
good qualities in him. In the purse I
found the neat sum of $750, which
must have represented his savings for
a long time. I presume ttyji he had"
been watching my movements and fol
lowed me on that occasion in order to
pay for my services and let me know
that he realized something of their
value to him. Whether he was inno
cent or not I did my plain duty In
defending him. No other course would
have saved him from hanging, and it
wiis well for him that he got out of
sight as quickly as he did. Those were
strenuous days in the mining regions.
If Ellis is alive, he will not blame me
for telling the story. If he was inno
cent. be will be glad to have it told." —
Smith D. Fry in Los Angeles Times.
The End Came Another Way.
A distinguished actor was one time
engaged at one of our leading provin
cial theaters in a drama In whfch ho
attempts an escape from a convict pris
on, first by getting rid of his fetters by
means of a file and lastly by getting
over the prison wall. In the act of
doing this he is shot at by a warder
and killed.
One particular night the drama had
run Its usual course up to the point
where the actor attempts the escape
over the prison wall. The warder, as
usual, presented his rifle, but instead
of a loud report nothing but a faint
clicking sound was heard. The rifle
as lowered and after a brie'f delay
again pointed, but with the same dis
appointing result
The audience now began to hiss and
jeer. Tty disgusted actor then got off
the prison wall and, staggering toward
the footlights, exclaimed, "I£'s all up—
I've swallowed the file!" and fell prone
on the stage amid the laughter and ap
plause of the audience. —* Pearson's
V? eekly.
Bachelor Seal Skin.
"This skin," said the furrier, "came
from a young seal bachelor, a youth
Ignorant of love and of life."
"How do you know?" the lady asked.
"By its fineness. Its perfection," he
replied. "The pile, you will note, is
like close ci»t velvet. Only bachelor
seal skins have such a pile.
"The bachelor seal," he went on,
-has a rather sad life. The big bull
seals in the seal islands have each a
household of fifteen or twenty wives,
but the young bachelors must herd
by themselves. Let one of them at
tempt to marry and straightway a bull
slays him. Not till he is big enough
to fight and conquer a bull—not till he
Is fourteen or fifteen years old—can he
know the delight of settling down in a
home of his own.
"He leads a hard, ascetic, celibate life,
only in the end as like as not to make
a lady a very fine coat All the very
fine coats, I repeat, are made from the
unhappy bachelor seals."—Cincinnati
Enquirer.
Jack Tar and the Actor.
A famous Irish actor of the eight
eenth century named John Moody
early in life, before he went on the
stage, had been to Jamaica and work
ed his passage home as a sailor before
the mast. One night some time after
he had been engaged at Drury Lane
when he was acting Stephano in "The
Tempest" a sailor in the front row of
the pit gdt up and, standing upon the
seat, hallooed out, "What cheer, Jack
Moody—what cheer, messmate?"
This unexpected address rather as
tonished the audience. Moody, how
ever, stepped forward and, recognizing
the man, called out: "Tom Hullett,
keep your jawking tacks aboard. Don't
disturb the crew and passengers. When
the show is over make sail for the
stage d«>r, and we'll finisl/ the evening
over a jug of punch. But till then,
Tom, keep your locker shut." Moody,
it Is related, was as good as his word.
—Cornhill Magazine.
Where Politeness Doesn't Pay.
"French and German hats," said a
hatter, "only last half as long as ours.
It isn't the poor quality of the hats,
but the fine quality of the manners,
that causes this. Lifting the hat in sal
utation is the hardest work that falls
on the headpiece, and the French and
Germans lift it to men and women
equally, thus giving it twice as much
labor as we do. then, it
wears out twice as quickly. It goes in
the brim in no time over the water."—
Cincinnati Enquirer.
But Yet a Man.
"I suppose I have about the most
thoughtful, kind and considerate hus
band in the world," she was saying
sadly. "When he comes home at about
2 of the morning, turns all the lights
on and wakes me out of a sound sleep,
he always says In the most polite way
imaginable:
" 'Don't let me disturb you, dear.
But will you please help me unfas
ten this collar button?"— New York
Press.
Different Now.
"It's funny how marriage will change
a man," said Flogg the other day.
"There's Mouster, for example. Be
fore he was married a glance of May
Taintor would intoxicate him, so he
used to say. Now when he comes
home late at night and meets Mrs.
Mouster. nee Taintor, the sight of her
actually sobers him." Boston Tran
script.
Never Worked Before.
Mrs. Jones—Your husband looks com
pletely tired out, poor man! Mrs.
Smith—So he is, my dear. He has
never done any work in his life before.
You know he always had a government
job.—Funny Cuts.
A Popular Book.
She—What would be the most appro
prlate* book to give a bride? He—A
bank book.—lllustrated Bits.
For
Ladles
Ills
J-*
ord, Thursday, March 12, 1908
HER FIRST SPEECH.
• ~
It Wasn't the One She Learned, but
' It Won the Crowd.
It was the first appearance in public
uf Ada C. Sweet of Chicago, United
States commissioner of pensions under
President Grant and fcue of the first
women in the movement for equal po
litical rights for the sexes. When the
civil war broke out she was living with
her parents in the village of Lombard,
now a suburb of Chicago, and was
chosen to present to the boys Of the
Lombard company a silk flag which the
women of the place had made with
their own fair hands.
~ The literary woman of the village
had written for the occasion a beauti
ful presentation speech, in which the
s-oidiers were adjured to "take the fair
ting into which your wives, daughters
a:ud sweethearts have sewed fond hopes
and,tearful prayers for your safe re
turn. carry it through the smoke and
shell of battle free from the stain of
dishonor and the rents of defeat and
bear it home victorious at the end of
the war."
"1 thought," says Miss Sweet, "that
I had learned that piece up and down,
backward and forward, inside and out.
the great day itself, when the
band ceased playing and an awful
hush fell upon the crowd and every
face was turned expectantly up to
mine, it was different I opened my
mouth—and paused. The literary lady
creaked forward in her chair and whis
pered loudly, 'Soldiers of' Lombard—
' whisper went through me like
a knife, but left me still speechless. I
set my teeth, stepped decisively for
ward and pushed the flag into the
hands of the nearest soldier. Then I
spoke. Every word of that speech had
left me, but I knew what it meant.
" 'Soldiers of Lombard,' I said in a
desperate voice that must have been
heard to the utmost confines of the
crowd, 'here's your flag! Don't get it
dfctyf Don't tear it! And be sure to
bring it back!'
"A shout rose from that crowd such
as no orator before or since has ever
evoked from a crowd In those parts.
The first thing I knew 1 was riding on
the shoulders of two soldiers, while
the whole company pressed about me,
with waving hats, and my father was
leaning over toward me from the back
of his big horse and calling me his
'own original girl,' while the tears
rolled down his cheeks with laughter.
"As long as I lived in the village of
Lombard I never dared to meet square
ly the vengeful eyes of the literary lady
who had written that presentation
speech.'-'—St. Louis Republic.
THE ART OF GARGLING.
Not the Same Thing as the Process
Usually Followed.
The proper method of gargling is
thus described by a writer in the Med
icaj^^cord:
••'ine patTent*(al: first under the guid
ance of a physician) should sit well
back in a chair, take a swallow of wa
ter in the mouth and bend the head as
far back as possible.
"Now he must protrude the tongue
from the mouth (the tip of the tongue
may be grasped with a handkerchief)
and in this posture with protruding
tongue he must try to swallow the wa
ter. The physician should control the
patient's vain efforts, for it is impossi
ble to swallow under such circum
stances.
"The patient has the sensation as it
he actually had swallowed the water.
Now he must start to gargle, to exhale
air slowly. One can see plainly the
bubbling of the fluid in the wide open
pharynx.
"After gargling thus for awhile the
patient is ordered to close the mouth
and quickly throw head and body for
ward. Thereby all the'fluid is forced
through the choanoe and nostrils,
washing the throat and nose from be
hind and expelling all the accumula
tions that had been present with great
force.
"This should be repeated several
times, as the first trial is not always
successful and satisfactory. It is an
act that must be learned.
"When properly executed the sensa
tion, as the patient will assure you, is
that of great relief not had by any
other method. It will be wise for the
practitioner to try the method first on
himself. Even small children who are
at all clever learn the method readily
ant*rather enjoy it."
His Mouth Full.
A certain town council after a pro
tracted sitting was desirous of ad
journing for luncheon. The proposi
tion was opposed by the mayor, who
thought that if his fellow councilors
felt the stimulus of hunger the dis
patch of business would be much fa
cilitated.
At last an illiterate member got up
and exclaimed.
"I ham astonished, I ham surprised,
I ham amrzad, Mr. Mayor, that you
will not let us go to lunch!"
"I'm surpriswl," exclaimed one of his v
colleagues, "t/iat a gentleman who has
got so much 'ham' in his mouth want?
Great suffering is the lot of all women, who neglect the health of their wo- -
manly organs. No reason to do so, any more than to neglect a sore throat,
colic, or any other disease, that the right kind of medicine will gCure. Take
Wine of Cardui
for all your womanly ills. It can never do harm, and is certain to do good.
Mrs. Sallie H. Blair, of Johnson City. Tenn., writes: "I had suffered from womanly troubles for six
teen months, and had four doctors, but they could not help me, until I began to take Wine of CarauL
Now Ithink lam about welL" At all reliable druggists, in-$l.OO bottles. Try It
l.mfTr lIP I I PTTCn Write today for a free copy of valuable 64-paee Illustrated Book for Women. If you Med Medkal
U/DITF I \ A I M i ire Advice, describe your symptoms, stating age. and reply wtfl be sent hi p.ain sealed envelope,
ft Iml 11*vj n Lill B til* Address: Ladles Advisory Dent.. The Chattanooga Medicine Co.. Cnattinrv. Tenn.
I
• Reoort of The Condition of
The Rocky Mount Savings $ \ \
AT ROCKY MOUNT, N. G.,
At close ol Business February 14, 1908.
RESOURCES, * / LIABILITIES.
Loans and Discounts, ' 5155.128.86 r ... - d = {10,000.00
Banking-house, furniture and fixtures, 3,503.35 exp an d taxes paid. 9,184.35
S3.'uSjf" d Bmller8 • adhStatf SSSSuStSSttoSeek. 154:969.37
Gold Coin
Silver coin including: all minor coincurrency 195.84 Total. $174,153.72
National Bank Notes and other U S Notes 27L00
Total, $174,153.72
, i
STATE OP NORTH CAROLINA-COUNTY OF E^DGECOMBE
I, F. P. SpruilL Cashier of the above-named bank, do solemnly swear that the above statement
is true to the best of my knowledge and belief. v.
F. P. Spruill, Cashier.
Subscribed and sworn to before me. this 26th day of February, 1908.
Edward Fatchelor, Notary Public. Correct—Attest:
My commission expires Jan. 11th, 1909. J. W.,Aycock,
R. H. Ricks,
L. F. Tillery,
Directors.
Report of the Condition ol
The Sharpsburg Banking Company,
At Sharpsburg, N. C.,
At Close ol Business February 14,1908.
RESOURCES. LIABILITIES.
Loans and Discounts, ' $8,684,49 Capital Stock $7,000.0'
SnkiSf house, furniture and fixtures, 2.37121 Undivided profits less exp. & taxes pd 161.32
Due from Banks and Bankers, 6,789.88 Deposits subject to check, 13.145.58
Cash Items 45 50 Cashier's checks outstanding 133.41
Gold Coin. 125.00
Silver coin, including all minor coin Total $20,440.31
currency, 566.17
Na'.iui.*. Bank Notes & U S notes 00
- Total S
STATE OF NORTH CAROLINA. COUNTY OF NASH. bs.
I, F. C. Gorham, cashier of the above named bank, do solemnly swear that the above statement
is true to the best of my knowledge and belief.
F. C. Gorham, Cashier.
Subscribed and sworn to before me, this 29th day of February, 1908
J. R. Bennett. Notary Public. Correct attest:
My commission expires Oct. 9th, 1909. Geo. A. Lucas.
G. T. Dawes,
* J. H. Bobbins,
Directors.
JNO. D. DAWES, President ~ —i p C. GORHAM, Cashier
Directors!
Jno, D, Dawes. H. C. Robbins. G. A. Lucas J. H. Robbins
C. R. Barnes. G. T. Dawes.
*
Report ol the Condition ol
The Bank of Whitakers,
AT WHITAKERS, N. C.,
At close ol Business, Februaryy 14, 1908.
RESOURCES. LIABILITIES.
ISS U*dMK»fltjleLexp.andtaz e s iffi?
g£h t Sr k " ndb " ,kCTS ' SSfSftESS?,* deposit. , 8.439.W
qqi 00 Individual deposits subject to check 31,473.01
Snver"coin. including all minor coin Cashier's Checks outstanding. 403.37
currency 1,150.50
National bank notes and other U. S. notes 2,850.00
Total. * $55,508.67 Total, $55,508.67
STATE OF NORTH CAROLINA—EDGECOMBE COUNTY. ,
I, W. T. Braswell, Pres't of the above-named bank, do solemnly swear that the above statement
is true to the best of my knowledge and belief.
W. T. Braswell, President.
Subscribed and sworn to before me, this 27th day of Feb., 1908.
Public. / Correct—Attest:
My commission expires June 24. 1902 H. J. Wheless.
W. H. Bond.
* ' F. K. Cutchin,
Directors.
THIS •GLORIOUS-GOLDEN OLQOK £REt
for a few minutes of your time. No one who has P3SITSV&LY
a home to live in can afford to miss this truly /gj
GOLDEN OPMMUNITY iL
To secure FREE of charge a Clock, the n
most important thing in the home- And Si.J tiS laQCJ
such a Clock, too! BEAUTIFUL GOLD T ea
AND GUARANTEED FOR TEN YEARS.
collect $5 01 in°thfs way EXTRA GIFTS W0
ass: orioas clock^w
TWO BEAUTIFUL EXTRA GIFTS
In addition to the Clock I have two other lovely presents which I will give
vnu two more handsome-ornaments which anyone who loves a pretty home
will be delighted with. One of these gifts I will send to you FREE AND PRE
° \ID as soon* as I receive the postal card with your name on it. The other
->ne I will give to you jurft for being prompt In following my Instructions. I
vill tell you all about the second extra gift, when I send the first one, which
I will do as soon as I hear from you, so HURRY UP.
vftii TAirr HA rUAiirrC * n writing to me, because, If the Clock does
iTUU TAlVfc HU wilflllvtO not prove to be even better than I have de
scribed it, and if it does not delight you in every way, you may send it back
and I will pay you handsomely in cash for your trouble. Also, if you get sick
or for any other reason fail to collect all of the $5, I will pay you well for what
you do. „ So you see, YOU CAN'T LOSE, so sit right down and write tome as
follows:®- "D. R. OSBORNE, Manager, Nashville, Tean. Please ®end me the P®*"
raits of Geeorge Washington and complete outfit for 4h «
Golden Clock, with tfce understanding that this does not hind me to pay yo
one cent." Then put your name and address. * v
—