The Confessions of Artemas Quibble: Being the Ingenuous and Unvarnished History of Artemas Quibble, Esquire, One-Time Practitioner in the New York Criminal Courts, Together with an Account of the Divers Wiles, Tricks, Sophistries, Technicalities, and Sundry Artifices of Himself and Others of the Fraternity, Commonly Yclept "Shysters" or "Shyster Lawyers"Train, Arthur Cheney
General
The Confessions of Artemas Quibble: Being the Ingenuous and Unvarnished History of Artemas Quibble, Esquire, One-Time Practitioner in the New York Criminal Courts, Together with an Account of the Divers Wiles, Tricks, Sophistries, Technicalities, and Sundry Artifices of Himself and Others of the Fraternity, Commonly Yclept "Shysters" or "Shyster Lawyers"
Train, Arthur Cheney
Attorney and client -- Fiction; Legal stories; New York (N.Y.) -- Fiction
Lawyers exercise much invention in keeping their clients under
control. I recall one recent case where a French chauffeur who
had but just arrived in this country was arrested for speeding.
The most that could happen to him would, in the natural course of
events, be a fine of fifteen or twenty dollars. But an imaginative
criminal practitioner got hold of him in the police court and drew
such a highly colored picture of what might happen to him that the
Frenchman stayed in jail without bail under an assumed name, raised
some three hundred dollars by means of a draft on Paris, handed it
over to his counsel, and finally after a delay of two weeks was
tried in Special Sessions, found guilty, and let go on a suspended
sentence. He is now looking for the lawyer with a view to doing
something to him that will inevitably result in his own permanent
incarceration.
Another practical distinction between civil and criminal practitioners
is that while the first are concerned for the most part with the
law, the second are chiefly occupied with the facts. In civil
cases the lawyers spend most of their time in trying to demonstrate
that, even assuming their opponents' contentions as to the facts
to be true, the law is nevertheless in their own favor. Now, this
is a comparatively easy thing, since no one knows what the law in
most civil cases is--and it truth it might as well be one way as
the other. A noted member of the supreme bench of the United States
is reported to have said that when he was chief justice of one of
the State courts, and he and his confreres found themselves in a
quandary over the law, they were accustomed to send the sergeant-
at-arms for what they called the "implements of decision"--a brace
of dice and a copper cent. Thus the weightiest matters were decided
without difficulty.
Now, the taking of a purse out of a lady's reticule does not present
much confusion as a legal proposition. It would be somewhat
difficult to persuade a judge or a jury that picking a pocket is
not a crime. It is far easier to demonstrate that the pocket was
not picked at all. This is generally only a question of money.
Witnesses can easily be secured to swear either that the lady had
no reticule, or that if she had a reticule it contained no purse,
or that some person other than the defendant took the purse, or
that she herself dropped it, or that even if the prisoner took it
he had no criminal intent in so doing, since he observed that it
was about to slip from the receptacle in which it was contained
and intended but to return it to her. Lastly, if put to it, that
in fact the owner was _no lady_, and therefore unworthy of credence.
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