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
"Even so," answered my partner, "would it not be more _contra bonos
mores_ to let a thief go unpunished, once he had been arrested?
Take my word, Quib, there's nothing in it," insisted Gottlieb
warmly. "For instance, there is the crime against usury--a very
foolish law to be sure, but there it is. No one can commit usury
unless some one else participates in the offense by paying the
unlawful interest; but the usurer does not escape on that account.
Why, then, should the false pretender in our case?"
"I admit the force of your analogy," said I, "and I could easily
suggest others myself. Bribery, for instance; extortion and many
other offences, where the law does not refrain from punishing the
one because the other is equally guilty. But the cases differ in
that, in bribery, the briber is seeking to influence the acts of
an official; and, in extortion, the law imputes an element of force
which is supposed to overcome the will of the person paying the
money. I am not so clear on your usury. Still, I believe there
is a fighting chance to win the case on my theory."
"If you think so," grumbled Gottlieb, "you had better argue it
yourself before the Court of Appeals."
"Very well," said I. "Nothing will give me greater pleasure."
It was with some trepidation, however, that I went to Albany to
argue, before so august a body of judges, a proposition of law that
had in reality so little to commend it; particularly as I was
opposed in person by the district attorney of New York County--a
man of great learning and power of sarcasm. However, I found the
Court of Appeals much interested in my argument and had the pleasure
of hearing them put many puzzling questions to my opponent, in
answering which he was not always altogether successful.
Pending the opinion of the Court, which was not handed down for
several months, an incident occurred in our practice that may serve
to amuse the reader if not to illustrate the dangers of ignorance.
We were engaged in a litigation in the United States District Court,
where the subpoenas for the witnesses are issued by the clerk to
the deputy marshals for service. Our opponent in the case was a
testy old member of the bar over sixty years of age and of the very
highest respectability and standing, who had several times refused
elevation to the bench and was regarded as the personification of
dignity and learning. Unfortunately his appearance belied his
position, for he was almost totally bald and his face was as weazened
and wrinkled as that of a monkey.
Public-domain text, read in full here on John Shaqi.
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" — John Shaqi
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