The Disagreeing jury Failed to Disagree
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attorney informed his friend that on his suggestion the federal judge had ap pointed Johnson to act as counsel for
in the federal law compensating attor
an indigent prisoner who had been indicted for burglarizing a post-oflice in an adjoining county.
uphold the Constitution in this regard, gratis, and to be more patriotic and humane than Uncle Sam himself." “Even the state law makes a pro
“There isn't anything in it for you except the advertising, but that doesn't
neys for defending indigent prisoners, and lawyers are expected to faithfully
vision of fifteen dollars a day for the
amount to much," proceeded the attor
defense of a poor prisoner. Why didn't
ney. “The fact is, the scamp is as guilty as he can be, and I have a dead-open
this particular scoundrel have sense
and-shut case against him, but he ob stinately refuses to plead guilty and
enough to rob a cigar store, or a saloon, or even a news stand, if he wanted pennies, instead of a two-for-a-cent
I've got to try him."
post-office, then I might get something
“But say, Harold, I don't know a
thing about federal criminal procedure, and I've never even been inside of a United States court room. Besides," he continued ruefully, “I'd cut a pretty figure if you've got the cards all stacked up against me. You say there's no
for defending him. You see, I need the money," added Jim, with a smile. “You probably can induce him to plead guilty, and give you the eleven dollars and some cents he robbed the post-office of," replied Harold, face tiously.
“He's got it somewhere sure,
money in it, and I don't want that
because he didn't have a chance to
kind of advertising. I don't believe I'll take the job.” “Oh, yes you will. As a member
spend it. By the way, if you'll come over to the federal building, I’ll show you the grand jury testimony and everything else I've got, and after you've
of the bar of the federal court you're an officer of it, and when the judge orders you to defend a prisoner you've
digested that I'm satisfied there won't be any trial. There isn't a ghost of a
got to do it, whether you want to or not. Anyway, you owe it to yourself as a
show for him, and he'll likely believe you."
reputable lawyer not to turn down an accused man and deprive him of a.
“When does the case come on?” inquired Johnson. “Next Saturday at ten o'clock. It's the last case of the term and if we have to try it we can probably get all through by noon. You'll have three days to get ready in, but three hours is about all you will need. If you want any other
defense simply because he has no money.
But you are only talking now to get up your nerve." “Well," slowly replied Johnson, “I
suppose I'll have to take hold of the matter whether I want to or not. You don't mean to say that Uncle Sam expects a lawyer to carry out for him the constitutional provision about the accused's right to have the ‘assistance of counsel for his defense,’ and do it
without any pay whatever, do you?” “That's just it precisely," answered Brown, emphatically. “It isn't exactly a square deal, but there is no provision
witnesses, I'll get an order for the marshal to subpoena them for you.
But you won't find any that I haven't already got.
So long, and good luck
to you," concluded the District Attor ney with a quizzical smile as he left
the lawyer's office. The conference ended, and Jim John son found himself unwillingly drafted
