There was no evidence against Danny at all, because Brown was an
accomplice and his testimony was not corroborated; at any rate he was a
procurer and instigator of crime, an _agent provocateur_, a despicable
liar, hypocrite and violator of the very law he was paid to uphold; and
as he had held himself out as a physician to Danny Lowry everything that
passed between them was privileged as a confidential communication and
must be disregarded as if it had never been said.
Daniel Lowry was a man of the highest reputation, of such character that
he never had been guilty of an unkind or selfish act in his entire life,
much less commit crime; which alone, taken by itself, was quite enough
to interject and raise a reasonable doubt--upon which they must acquit.
Then Tom Hingman got up and grimaced and said he had known Mr. Tutt all
his professional life and he was a peach, but they mustn't believe what
he said or let him put anythin' over on 'em, for he was pretty slick
even if he was a fine old feller. Now the plain fact was, as they all
knew perfectly well, that this old boy had been caught with the goods.
It might be tough luck, but the law was the law and they were all there
to enforce it--much as they hated to do so--and there was nothing to it
but to convict and let the judge deal with the defendant with that mercy
and leniency and forbearance for which he was so justly famous. He
panted a few times and sat down.
Then the judge took his crack. He told the jury, in so many words, to
pay no attention to either the A.D.A. or to Mr. Tutt, and to listen only
to him, because he was the whole thing. The question was: Had the
defendant assumed to give medical treatment to Brown's horse, for any
kind of valuable consideration? In determining this they should consider
all the evidence, including the fact that the prisoner had claimed to be
a veterinary, had been paid for treating Brown's horse as such, had
pleaded guilty in the police court, and that none of the alleged facts
upon which the charge was based had been denied before them in present
trial.
As he said this the pink-and-white baboon looked at them steadily and
significantly for several seconds over his eyeglasses. They should
consider the business card which the defendant had given to the
complaining witness and in which he held himself out as a veterinary.
The testimony of the complainant stood uncontradicted. The complainant
was not an accomplice and his testimony did not have to be corroborated.
A decoy wasn't an accomplice. That was the law. Neither was what had
passed between the complainant and defendant privileged as a
confidential communication, because the complainant was not a physician.
That was all there was to that!
Public-domain text, read in full here on John Shaqi.
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