Nye and Riley's Wit and Humor (Poems and Yarns) by Nye and Riley (read book .TXT) 📕

Meekly and silently William Johnson left the warm and stimulating Indian summer air of October to enter the dark and undesirable den of a felon. Patiently he accepted the heart-breaking destiny which seemed really to belong to some one else. He put in his days studying an English primer all the forenoon and doing housework around the jail kitchen in the afternoon.

He was a very tall man and a very awkward man, with large, intellectual joints and a sad face. When he got so that he could read a little I went in to hear[Pg 69] him one day. He stood up like an exaggerated schoolboy, and while he bored holes in the page of his primer with a long and corneous forefinger he read that little poem:

Pray tell me, bird, what you can see
Up in the top of that tall tree?
Have you no fear that some rude boy
May come and mar your peace and joy?

Oh, no, my child, I fear no harm,
While with my song I thus can charm.
My mate is here, my youngsters, too,
And here we sit and sing to you.

Finally, the regular term of the District Court opened. Men who had come for a long distance to vaunt their ignorance and other qualifications as jurors could be seen on the streets. Here and there you could see the familiar faces of those who had served as jurors for years and yet had never lost a case. Wealthy delinquents began to subpœna large detachments of witnesses at the expense of the county, and the poor petty larceny people in the jail began to wonder why their witnesses didn't show up. Slowly the wheels of Justice began to revolve. Ever and anon could be heard the strident notes which came from the room where the counsel for the defense was filing his objections, while now and then the ear was startled with the low quash of the indictment.

Finally the case of the Territory against William Johnson was called.

"Mr. Johnson," asked Judge Blair, "have you counsel?"[Pg 70]

The defendant said he had not.

"Are you able to employ counsel?"

He evidently wasn't able to employ counsel twenty minutes, even if it could be had at a dollar a day.

"Do you wish to have the Court appoint counsel for you?"

He saw no other way, so he said yes.

Where criminals are too poor to employ counsel the Court selects a poor but honest young lawyer, who practices on the defendant. I was appointed that way myself once to defend a man who swears he will kill me as soon as he gets out of the penitentiary.

William Johnson was peculiarly unfortunate in the election of his counsel. The man who was appointed to defend him was a very much overestimated young man who started the movement himself. He was courageous, however, and perfectly willing to wade in where angels would naturally hang back. His brain would not have soiled the finest fabric, but his egotism had a biceps muscle on it like a loaf of Vienna bread. He was the kind of young man who loves to go and see the drama and explain it along about five minutes in advance of the company in a loud, trenchant voice.

He defended William Johnson. Thus in the prime of life, hardly understanding a word of the trial, stunned, helpless, alone, the latter began upon his term of five years in the penitentiary. His patient, gentle face impressed me as it did others, and his very helplessness thus became his greatest help.

It is not egotism which prompts me to tell here of what followed. It was but natural that I should go to Judge Blair, who, besides being the most popular Judge in the West, had, as I knew, a kind heart. He[Pg 71] agreed with me that Johnson's side of the case had not been properly presented and that the jury had grave doubts about the horses having been worth enough to constitute a felony even if Johnson had unlawfully taken them. Other lawyers said that at the worst it was a civil offense, or trover, or trespass, or wilful negligence, or embezzlement, or conversion, but that the remedy was by civil process. One lawyer said it was an outrage, and Charlie Bramel said that if Johnson would put up $50 he would agree to jerk him out of the jug on a writ of habeas corpus before dinner.