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
"Look here, Jones," says he, pretending to be an officer; "I have
a warrant for your arrest for committing a battery upon Thomas
Holahan. You must come along with me to the station-house."
"What! For me!" cries Jones in an agony of dismay. "Sure, I did
nothing to the man. You're not going to lock me up for that!"
"It's my unpleasant duty," answers McDuff. "An officer has no
choice in the matter. You must step along."
"Come, come!" replies Jones, pulling his money from his pocket.
"Here's a hundred and fifty dollars. Say you couldn't find me!"
"I would be taking a great risk," responds the supposed officer.
"Have you no more than that?"
"I have my gold watch and chain," returned Jones. "You can have
them and welcome--only let me go!"
The bargain was struck then and there and the transfer from Jones'
pockets to those of McDuff effected. Unfortunately, however, Jones
next day discovered that Holahan harbored no ill-will against him
and that the supposed officer was nothing of the kind. Rising in
his wrath, he in turn procured a warrant for McDuff and caused his
arrest and indictment. The trial came off and despite Gottlieb's
best efforts his client was convicted by the jury of stealing Jones'
watch, chain, and money by falsely representing himself to be an
officer of the law. The case went on appeal to the Supreme Court,
which affirmed the conviction, and there seemed no escape for McDuff
from a term in prison.
One evening Gottlieb and I got talking about the case among other
things.
"How is it," said I, "that the criminal law will step in and give
a man back his money when, under precisely the same circumstances,
the civil law will let him whistle?"
"What mean you by that?" asked my partner.
"Why," answered I, "the civil law will not settle disputes between
thieves, it will not enforce an equitable division of stolen
property, and it will not compel rogues to keep a dishonest contract
between themselves. Now this fellow, Jones, it seems to me, was
almost as bad as your friend McDuff. He tried to induce a man he
thought was a sworn officer of the law to violate his oath and
disregard his duty. Why should the criminal law do anything for
him? Why should it hand him back his money as if he were an innocent
and honest man?"
"It is an ingenious argument," replied Gottlieb, scratching his
ear; "and yet it is poppycock for all that. The criminal law is
to punish criminals. According to your reasoning, two wrongs would
make a right and two thieves one honest man. Would you let McDuff
go unpunished simply because he was clever enough to induce Jones
to try to break the law as well as himself? Why, any judge would
laugh you out of court on such a proposition."
"But," I retorted, "surely, if I gave you a hundred dollars for
the purpose of bribing a judge and you failed to accomplish your
purpose, no court would assist me to recover the money. 'Twould
be against public policy and _contra bonos mores_."
Public-domain text, read in full here on John Shaqi.
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