f Appeals, in order, as he said, to
"settle the law," when his only real object was to get the miserable
fellow out of jail and send him back to his wife and children. He went
through life with a twinkling eye and a quizzical smile, and when he did
wrong he did it--if such a thing is possible--in a way to make people
better. He was a dangerous adversary and judges were afraid of him, not
because he ever tricked or deceived them but because of the audacity and
novelty of his arguments which left them speechless. He had the
assurance that usually comes with age and with a lifelong knowledge of
human nature, yet apparently he had always been possessed of it.
Once a judge having assigned him to look out for the interests of a
lawyerless prisoner suggested that he take his new client into the
adjoining jury room and give him the best advice he could. Mr. Tutt was
gone so long that the judge became weary, and to find out what had
become of him sent an officer, who found the lawyer reading a newspaper
beside an open window, but no sign of the prisoner. In great excitement
the officer reported the situation to the judge, who ordered Mr. Tutt to
the bar.
"What has become of the prisoner?" demanded His Honor.
"I do not know," replied the lawyer calmly. "The window was open and I
suspect that he used it as a means of exit."
"Are you not aware that you are a party to an escape--a crime?" hotly
challenged the judge.
"I most respectfully deny the charge," returned Mr. Tutt.
"I told you to take the prisoner into that room and give him the best
advice you could."
"I did!" interjected the lawyer.
"Ah!" exclaimed the judge. "You admit it! What advice did you give him?"
"The law does not permit me to state that," answered Mr. Tutt in his
most dignified tones. "That is a privileged communication from the
inviolate obligation to preserve which only my client can release me--I
cannot betray a sacred trust. Yet I might quote Cervantes and remind
Your Honor that 'Fortune leaves always some door open to come at a
remedy!'"
Now as he gazed at the tear-stained cheeks of the girl-wife whose
husband had committed murder in defense of her self-respect, he vowed
that so far as he was able he would fight to save him. The more
desperate the case the more desperate her need of him--the greater the
duty and the greater his honor if successful.
"Believe that I am your friend, my dear!" he assured her. "You and I
must work together
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