CHAPTER IV

As I have already taken some pains to indicate, I was fully persuaded

of the practical value of a professional connection with a legal

firm of so eminent a standing as that of Messrs. Haight & Foster,

and for this reason the reader may easily appreciate the shock with

which I received the information that my presence was no longer

desired in the office.

Mr. Haight had unexpectedly sent for me word that I was wanted in

the library and I had obeyed his summons without a suspicion that

my career as a civil attorney was to be abruptly terminated. As

I closed the door behind me I saw the old lawyer standing near the

window, his spectacles poked above his eyebrows and his forehead

red with indignation. Between the thumb and forefinger of his left

hand he held a card.

"So," he exclaimed, vainly trying to appear collected, "I find that

my firm has been conducting an uptown office for criminal business!

This is one of your cards, I believe?"

He tossed it from him as if it were infected with some virulent

legal disease, and I saw that it was one of the unfortunate cards

that I had had printed before forming my partnership with Gottlieb.

It was no use denying anything.

"Yes," I answered, as quietly as I could, "it is one of my cards."

"I am also informed," he continued, his voice trembling with

suppressed wrath, "that while you have been masquerading as a

student in this office you have been doing a police-court law

business in association with a person named Gottlieb."

I turned white, yet made no traverse of his indictment. I was

going to be kicked out, but I felt that I could at least make my

exit with a dignified composure.

"Young man, you are no longer wanted here," continued Mr. Haight

with acerbity. "You have found your own level without assistance

and you will no doubt remain there. You obtained your position in

this office by means of false pretences. I do not know who you

really are or whence you really come, but I have no doubt as to

where you will eventually go. This office does not lead in the

right direction. You ought to be locked up! Get out!"

I went.

Glib as I was in the defence of others I found it difficult to

argue in my own behalf. At any rate, it would have availed nothing.

I had been tried, convicted, and sentenced in my absence, and it

was vain to hope for pardon. There is something in righteous

indignation that inevitably carries respect with it. I fully

sympathized with Mr. Haight. I had cheated and outraged his firm

and I knew it. I had no excuse to offer and he was entitled to

his burst of excoriation. Morally I felt sure that the worm that

had worked deepest into his bone was the fact that my guardian,

whose name, as the reader may recall, I had made use of as an

introduction, had not in fact written "Tottenham on Perpetuities"

at all.

Thus I passed out of the office of Haight & Foster much as I had

slipped in--quite unostentatiously. All hope of success along the

slow and difficult lines of legitimate practice faded from my mind.

Whether I willed it or not, as a criminal attorney I was destined

to make my bread.

There was now no reason why Gottlieb and I should any longer conceal

our partnership, and we decided, therefore, to go into things on

a much larger scale than theretofore, and hired a suite of offices

on Centre Street, near the Tombs, where we could be within easy

reach of the majority of our clients. A sign some forty feet long

and three feet wide ran along the entire front of the building,

bearing the names Gottlieb & Quibble. Our own offices were in the

rear, the front rooms being given over to clerks, runners, and

process servers. A huge safe bought for a few dollars at an auction

stood in the entrance chamber, but we used it only as a receptacle

for coal, its real purpose being simply to impress our clients.

We kept but few papers and needed practically no books; what we

had were thrown around indiscriminately, upon chairs, tables--even

on the floor. I do not recall any particular attempt to keep the

place clean, and I am sure that the windows were never washed.

But we made money, and that was what we were out for--and we made

it every day--every hour; and as we made it we divided it up and

put it in our pockets. Our success from the start seemed in some

miraculous way to be assured, for my partner had, even before I

knew him, established a reputation as one of the keenest men at

the criminal bar.

As time went on our offices were thronged with clients of all sexes,

ages, conditions, and nationalities. The pickpocket on his way

out elbowed the gentlewoman who had an erring son and sought our

aid to restore him to grace. The politician and the actress, the

polite burglar and the Wall Street schemer, the aggrieved wife and

stout old clubman who was "being annoyed," each awaited his or her

turn to receive our opinion as to their respective needs. Good or

bad they got it. Usually it had little to do with law. Rather it

was sound, practical advice as to the best thing to be done under

the circumstances. These circumstances, as may be imagined, varied

widely. Whatever they were and however little they justified

apprehension on the part of the client we always made it a point

at the very outset to scare the latter thoroughly. "Conscience

doth make cowards of us all." But a lawyer is a close second to

conscience when it comes to coward-making; in fact, frightening

people, innocent or guilty, became to a very large extent our

regular business.

The sinners most of them live in daily terror of being found out

and the virtuous are equally fearful of being unjustly accused.

Every one knows how a breath of scandal originating out of nothing

can wither a family and drive strong men to desperation. The press

is always ready to print interesting stories about people, without

inquiring too closely into their authenticity. Curiously enough

we found that an invitation to call at our office usually availed

to bring the most exemplary citizens without delay. I can remember

not more than three who had the courage to refuse. Most came, as

it were, on the run. Others made a bluff at righteous indignation.

All, in the end, paid up--and paid well. Our reputation grew, and

in the course of a few years the terror of us stalked abroad through

the city.

Our staff was well organized, however disordered may have been the

physical appearance of our office. In the first place we had an

agent in every police court who instantly informed us whenever any

person was arrested who had sufficient means to make it worth our

while to come to his assistance. This agent was usually the clerk

or some other official who could delay the proceedings in such a

way as to give us time to appear upon the scene. We also had many

of the police in our pay and made it a practice to reward liberally

any officer who succeeded in throwing us any business. In this

way defendants sometimes acquired the erroneous idea that if they

followed the suggestion of the officer arresting them and employed

us as their attorneys, they would be let off through some collusion

between the officer and ourselves. Of course this idea was without

foundation, but it was the source of considerable financial profit

to us, and we did little to counteract the general impression that

had gone abroad that we "stood in" with the minions of the law and

were _personae gratae_ to the judges of the police courts.

After the telephone came into general use Gottlieb employed it in

many ingenious ways. He even had an unconnected set of apparatus

hanging on the wall of the office, through which he used to hold

imaginary conversations with judges and city officers for the

benefit of clients who were in search of "inflooence." It is a

common weakness of the layman to believe that more can be accomplished

through pull than through the merit of one's cause. Even litigants

who have the right on their side are quite as apt to desire an

attorney who is supposed to be "next" to the judge as are those

whose only hope is through judicial favor. Gottlieb's relations

to the lower magistrates were in many instances close, but he

professed to be on the most intimate terms with all who wore the

ermine, whether in the police courts or on the supreme bench. Time

after time I have overheard some such colloquy as the following.

A client would enter the office and after recounting his difficulties

or wrongs would cautiously ask Gottlieb if he knew the judge before

whom the matter would come.

"Do I _know_ him?" my partner would cry. "I lunch with him almost

every day! Wait a minute, and I'll call him up."

Vigorously ringing the bell attached to the unconnected instrument

upon the wall Gottlieb would indulge his fancy in some such dialogue

as:

"Hello--hello! Is this Judge Nemo? Oh, hello, Jack, is it you?

Yes, it's me--Abe. Say, I want to talk over a little matter with

you before I go into court. How about lunch? Sure--any time will

suit me. One o'clock? I'll be there. Thanks. So long, old man.

See you later!"

The client by virtue of this auricular demonstration of our friendly

relations with the bench would be instantly convinced that his

success was assured and that Gottlieb & Quibble were cheap at any

retainer they might choose to name.

For the most part the routine office work fell to me and Gottlieb

attended to the court end of the business. For there was no more

adroit or experienced trial attorney in the courts than my little

hook-nosed partner. Even down-town attorneys with almost national

reputations as corporation lawyers would call him in as associate

counsel in important cases in which a criminal element was involved.

Thus we frequently secured big fees in what Gottlieb was pleased

to call legitimate practice, although I am inclined to believe that

our share was small compared with that of the civil lawyers who

had retained us. On one occasion where Gottlieb had been thus

called in, the regular attorney of record, who happened to be a

prominent churchman, came to our office to discuss the fee that

should be charged. The client was a rich man who had sued successfully

for a divorce.

"How much, Mr. Gottlieb," inquired the attorney, stroking his chin,

"do you think would be a fair amount to ask for our services?"

My partner hesitated for a moment and mentally reviewed the length

of time of the case--a very simple one--had occupied.

"Do you think five thousand dollars would be too much?" he finally

asked with some hesitation.

"Five!" cried the lawyer in astonishment. "It should be twenty

thousand--at the least!"

It is not my intention to give a history of the firm of Gottlieb

& Quibble, but rather a general description of the work of any

criminal law office. Its object is precisely the same as that of

the best offices where civil law is practised--that is, to make

money out of the client. But inasmuch as the client who seeks the

aid of a criminal attorney is usually in dread of losing not merely

money but liberty, reputation, and perhaps life as well, he is

correspondingly ready to pay generously for any real or fancied

service on the part of the lawyers. Thus the fees of a criminal

practitioner--when the client has any money--are ridiculously high,

and he usually gets sooner or later all that the client has.

Indeed, there are three golden rules in the profession, of which

the first has already been hinted at--namely, thoroughly terrify

your client. Second, find out how much money he has and where it

is. Third, get it. The merest duffer can usually succeed in

following out the first two of these precepts, but to accomplish

the third requires often a master's art. The ability actually to

get one's hands on the coin is what differentiates the really great

criminal lawyer from his inconspicuous brethren.

The criminal attorney, therefore, whether he be called to see his

client at the Tombs or in the police station, or is consulted in

his own office, at once informs the latter that he is indeed in a

parlous state. He demonstrates to him conclusively that there

exist but a few steps between him and the gallows, or at least the

State's prison, and that his only hope lies in his procuring at

once sufficient money to--first, get out on bail; second, buy off

the witnesses; third, "fix" the police; fourth, "square" the judge;

and lastly, pay the lawyer. Even where the prisoner has no money

himself, his family are usually ready to do what they can to get

him off, in order to save themselves from the disgrace of being

related to a convict. It is not what may actually happen to your

client, but what he thinks may happen, that makes him ready and

anxious to give up his money. Thus, the more artistic the practitioner

in painting the dire consequences which will result if the family

of the offender does not come to his rescue the quicker and larger

will be the response. Time also is necessary to enable the ancestral

stocking to be grudgingly withdrawn from its hiding-place and its

contents disgorged, or to allow the pathetic representations of

his nearer relatives to work upon the callous heart of old Uncle

John, who once held a city office and has thus plenty of money.

The object of the lawyer being to hang on to the client until he

has got his money, it follows that if the latter is locked up in

jail it is all the better for the lawyer, unless it be expedient

to let him out to raise funds. Thus criminal attorneys are not,

as a rule, particularly anxious to secure the release of a client

from jail. Solitary confinement increases his apprehension and

discomfort and renders him more complacent about paying well for

liberty. The English king who locked up the money-lender and had

one of his teeth drawn out each day until he made the desired loan

knew his business. Once the fellow is out of jail--pfft! He is

gone, and neither the place nor you know him more. Very likely

also he will jump his bail and you will have to make good your

bond. One client in jail is worth two at large.

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 confrères 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.

Few persons realize how difficult it is for an outsider, such as

an ordinary juryman, to decide an issue of fact. A flat denial is

worth a hundred ingenious defences in which the act is admitted

but the attempt is made to explain it away. It is this that gives

the jury so much trouble in criminal cases. For example, in the

case of the pickpocket the lawyers and the judge may know that the

complaining witness is a worthy woman, the respectable mother of

a family, and that the defendant is a rascal. But each comes before

the jury presumably of equal innocence. She says he did, he says

he didn't. The case must be proven beyond a reasonable doubt.

Generally the defendant's word, so far as the jury can see, is as

good as his accuser's. If there are other witnesses it is usually

not difficult, and certainly not impossible, to show that they have

poor eyesight, bad memories, or are undesirable citizens in general.

The criminal lawyer learns in his cradle never to admit anything.

By getting constant adjournments he wears out the People's witnesses,

induces others to stay away, and when the case finally comes to

trial has only the naked accusation of the complainant to disprove.

Or, to put it in more technically correct fashion, the complainant

has only his own word wherewith to establish his case beyond a

reasonable doubt. A bold contradiction is often so startling that

it throws confusion into the enemy's camp.

I once defended a worthy gentleman named Cohen on a charge of

perjury, alleged to have been committed by him in a civil case in

which he, as defendant, denied that he had ever ordered a set of

stable plans from a certain architect. The latter was a young man

of very small practice who had an office but no clerks or draughtsmen.

He certainly believed with the utmost honesty that my client had

come to his office, engaged him to design a stable, and approved

an elaborate set of plans that he had drawn. When it came to paying

for them Mr. Cohen declined. The architect brought suit, and at

the trial swore to the dates and places of the interviews between

Cohen and himself, and to all the surrounding circumstances and

details connected with the execution of the plans in question.

His lawyer expected that the defendant would interpose the defense

that the plans were inferior, defective, or worthless. Not at all!

Mr. Cohen swore that he had never ordered the plans and, in fact,

had _never seen the architect in his life!_ He alleged that until

the suit was brought he had never even _heard_ of him, and that

either the architect was demented or a liar, or else some other

Cohen had given the order. The architect and his lawyer were

thunderstruck, but they had no witnesses to corroborate their

contentions, since no one had ever seen Cohen in the other's office.

The jury disagreed and the architect in some way secured Cohen's

indictment for perjury. But during the criminal trial, at which

I defended him, Mr. Cohen calmly persisted in his denial that he

had ever enjoyed the honor of the architect's acquaintance, and

after two prosecutions, in each of which the jury hopelessly

disagreed, the indictments against him were dismissed. From this

it may easily be inferred that no fact is too patent to be denied.

Frequently the more heroic the denial the greater its verisimilitude

to truth. The jury feel that no prisoner would _deny_ a fact that

it would be much easier to _explain away_--and believe him.

I once represented an Italian called the King of Mulberry Street,

who was charged with having deliberately shot in the head and killed

a respectable dealer in olive-oil against whom he held no grudge

whatsoever. The King was just an egotistic little man who liked

notoriety and admiration. He was wont to refer to himself simply

as "The Bravest Man," without reference to time or place--just "The

Bravest Man." He was accustomed to demonstrate his bravery by

shooting inoffensive people whenever the idea seized him. He never

killed anybody save quiet and law-abiding fellow citizens who made

no resistance, and the method he selected was to shoot them through

the head. He seemed to feel that it was essential to his dignity

thus to execute at least one human being every six months, and the

extraordinary feature of his history was that he had never been

convicted.

The case that I was called upon to defend was this: Not having

killed anybody for nearly a year and fearing to jeopardize his dual

title of King of Mulberry Street and The Bravest Man, he put a

forty-four calibre pistol in his pocket, donned his Sunday clothes

and took a walk. The thoroughfare was crowded, the day bright and

fair, the time twelve o'clock noon. Presently the oil merchant

approached and The King, first glancing about him to make sure that

he had a "gallery," went up to him, placed the pistol at his head

and fired. He was immediately arrested and indicted for murder.

Now, twenty witnesses had seen him fire the fatal shot. Yet there

was not the slightest reason in the world why he should have done

such a thing. Upon the trial my client insisted on simply denying

that he had done anything of the kind. I had naturally assumed

that he would either claim that the shooting had been accidental

or that he had fired in self-defense, after he had first been

attacked by the deceased. But no--he had had no pistol, did not

know the man, and had not killed him. Why should he have killed

him? he inquired. No one could answer the question, least of all

the jury. The twenty witnesses were positive that he had done so,

but he was equally positive that he had not. No one could offer

the slightest explanation of the deed--if it had in fact taken

place. The jury puzzled over the case for hours, at one time, I

am informed, being on the point of acquitting the prisoner for lack

of proof of any motive. They reasoned, with perfect logic, that

it was almost if not quite as improbable that the defendant should

in broad daylight on a public street have shot down a man against

whom he had not the slightest grudge as that twenty commonplace

citizens should be mistaken as to what they had seen. Whether they

were aided in reaching a verdict by "the implements of decision"

I do not know, but in the end they found my client guilty and in

due course he paid the penalty, as many another king has done, upon

the scaffold. The plain fact was that The King was a "bravo," who

took a childish and vain pride in killing people. He killed for

the love of killing, or rather for the egotistic satisfaction of

being talked of as a killer. At any rate, there are many like him.

While his defence was unsuccessful, he came near enough to escaping

to point out the value of a bold denial in a criminal case.

Our clients consisted, for the most part, of three clearly defined

classes of persons: Criminals, their victims, and persons involved

in marital or quasi-marital difficulties. These last furnished by

far the most interesting quota of our business, and, did not

professional confidence seal my lips, I could recount numerous

entertaining anecdotes concerning some of what are usually regarded

as New York's most respectable, not to say straight-laced, households.

A family skeleton is the criminal lawyer's strongest ally. Once

you can locate him and drag him forth you have but to rattle his

bones ever so little and the paternal bank account is at your mercy.

New York is prolific of skeletons of this generic character, and

Gottlieb had a magnificent collection. When naught else was doing

we used to stir them up and revive business. Over this feature of

the firm's activities I feel obliged, however, from a natural

feeling of delicacy, to draw a veil. Our function usually consisted

in offering to see to it that a certain proposed action, based on

certain injudicious letters, should be discontinued upon the payment

of a certain specified sum of money. These sums ranged in amount

from five to twenty thousand dollars, of which we retained only

one-half. I understand that some lawyers make more than this

percentage, but for such I have only contempt. A member of a

learned and honorable profession should be scrupulous in his conduct,

and to keep for one's self more than half the money recovered for

a client seems to me to be bordering on the unethical. But perhaps

I am hypersqueamish.

Of course we had a great deal of the ordinary "knock-down-and-drag-

out" variety of assault, robbery, theft, and homicide cases. Most

of these our clerks attended to, but the murder cases Gottlieb

defended in person, and in this he was so singularly successful

that there was hardly a celebrated trial in which he was not retained

in some capacity or other. For he was an adept in all those little

arts that make a jury feel well disposed toward a lawyer, and as

a word artist he was unsurpassed. Gottlieb could, I believe, have

wrung tears from a lump of pig iron, and his own capacity to open

the floodgates of emotion was phenomenal. He had that rare and

priceless gift shared by some members of the theatrical profession

of being able to shed real tears at will. His sobs and groans were

truly heart-rending. This, as might be expected, rendered him

peculiarly telling in his appeals to the jury, and he could frequently

set the entire panel snivelling and wiping their eyes as he pictured

the deserted home, the grief-stricken wife, and the starving children

of the man whom they were asked to convict. These unfortunate

wives and children were an important scenic feature in our defence,

and if the prisoner was unmarried Gottlieb had little difficulty

in supplying the omission due to such improvidence. Some buxom

young woman with a child at the breast and another toddling by her

side could generally be induced to come to court for a few hours

for as many dollars. They were always seated beside the prisoner,

but Gottlieb was scrupulous to avoid any statement that they

_belonged_ to the client. If the jury chose to _infer_ as much

that was not our fault. It was magnificent to hear (from the wings)

Gottlieb sum up a case, his hand, in which was concealed a pin,

caressing the youngest little one.

"Think, gentlemen, of the responsibility that rests upon you in

rendering this woman a widow and depriving this poor innocent babe

of a father's protecting love!"

Here Gottlieb would hiccough out a sob, sprinkle a few tears upon

the counsel table, and gently thrust the pin into the infant's

anatomy. Sob from Gottlieb--opportune wail from the baby. Verdict

--not guilty.

There was a certain class of confidence men for whom we soon became

the regular attorneys. They were a perennial source of delight as

well as profit, and much of my time was given up to the drafting

of circulars and advertisements for the sale of stock in such form

that, whereas they contained no actual misstatement of an existing

fact, they nevertheless were calculated to stimulate in the most

casual reader an irresistible desire to sell all that he had and

invest therein.

Originally the dealers in valueless securities did not take the

trouble to purchase any properties but merely sold their stock and

decamped with the proceeds. Of course such conduct was most ill-

advised and unnecessary. It was obviously criminal to sell stock

in a concern that has no existence, and several of my clients having

been convicted of grand larceny, for this reason I took it upon

myself to advise the others actually to purchase lands, mines, or

other property and issue their stock against it. In this way their

business became absolutely legitimate--as strictly honest and within

the law as any of the stock-jobbing concerns of the financial

district. To be sure, the mine need not be more than the mere

beginning of a shaft, if even that; the oil-well might have ceased

to flow; the timber land might be only an acre or so in extent;

but at any rate they existed. Their value was immaterial, since

the intending purchaser was not informed in the advertisement as

to the amount of gold, silver, or copper mined in any specific

period, the number of gallons of oil per minute that flowed from

the well, or the precise locality of the timber forests, but merely

as to the glorious future in store for all who subscribed for the

stock.

This vital distinction has always existed in civil as well as

criminal law between what is fraud and what is legitimate encouragement

to the buyer. To tell the prospective vendee of your old gray mare

that she is the finest horse in the county is not fraud even if

she is the veriest scarecrow, for it merely represents your opinion

--perhaps colored in part by your desire to sell--and is not a

matter of demonstrable fact. To assure him, however, that she has

never run away, had blind staggers, or spring halt, when these

assertions are not true, is "a false statement as to a past or

existing fact," and as such constitutes a fraud--if he buys your

horse.

Now, it frequently has happened in my experience that gentlemen

desiring to find purchasers for securities or property of little

value have so carelessly mingled statements of fact with opinions,

laudations, and prophecies as to their goods, that juries have said

that they were guilty of fraud in so doing. Thus the lawyer becomes

at every turn indispensable to the business man. The following

circular was drawn up for one of our clients and is an excellent

example of a perfectly harmless and legal advertisement that might

easily become fraudulent. We will suppose that the corporation

owned one-quarter of an acre of wood lot about ten miles from a

region where copper was being mined.

"SAWHIDE COPPERS

"YOUR LAST CHANCE TO BUY THIS STOCK AT PRESENT FIGURES!

"The company's lands are located near the heart of the copper

district, not far from properties now paying from forty to sixty

per cent. a year. There is no reason in the world why Sawhide

should not do as well if not better. With immense quantities of

ore just beneath the surface, when our new smelter is completed

Sawhide will undoubtedly prove one of the best dividend payers in

the country! As the Buggenheims and other well-known financiers

are largely interested in the stock, it is only a question of time

before it will be marked up out of sight. The properties have

great surface value and are rolling in timber and mineral wealth."

This is a fair example of a perfectly safe variety of advertisement

that does not commit the author to anything. As long as there is

a piece of land somewhere and an actual incorporated company the

stock of which, however valueless, is being offered for sale, the

mere fact that the writer indulges himself in rosy prophecies does

not endanger him so far as the criminal law is concerned. It is

only when he foolishly--and usually quite as unconsciously--makes

some definite allegation, such as, for instance, that the company

"owns six hundred acres of fully developed mining property," or

has "a smelter in actual operation on the ground," or "has earned

sixty-five per cent. on its capital in the past year," that the

financier runs the slightest risk. It may be that a purchaser

would find it so difficult to prove the falsity of any of the

statements upon which he had relied in purchasing the stock that

the vendor would practically be immune, but in these days of muck-

raking and of an hysterical public conscience prosecutors sometimes

go to the most absurd lengths and spend ridiculous sums of money

out of the county treasuries to send promoters to jail.

They are apt to have a hard time of it, however. I recall one

scheme in which a client of mine was interested, involving the

floatation of about a hundred thousand dollars' worth of railroad

stock. The circulars, printed by a famous engraver and stationer,

were twenty pages in length and contained the minutest description

of the company's board of directors, rolling stock, capitalization,

bond issues, interests in other railroads, government grants of

land, and the like. They were embellished with beautiful photographs

of deep cuts, suspension-bridges, snow-sheds, railroad-yards, and

round-houses. The promoter did a mail-order business and sold the

stock by the bagful to elevator men, trained nurses, policemen,

porters, clerks, and servant girls.

After he had salted away about forty thousand dollars some of the

purchasers began to get anxious about their dividends. None were

forthcoming, and as the promoter was inclined to be indefinite as

to future prospects he was presently arrested. But when the case

came to trial I pointed out a fact that, strange as it may seem,

practically no one of the multitude of stockholders had previously

noticed, namely, that the circulars made no actual statement _as

to where the railroad was located_. By inference it might well

have been supposed to be somewhere in Canada, but there was no such

fact clearly alleged. Of course it was impossible for the prosecutor

to prove that my client did not own a railroad _somewhere_ in the

world and the indictment had to be dismissed. Negations are

extremely hard to establish, and therein lies the promoter's safety.

If he sticks to generalizations, no matter how they glitter, he is

immune. Had my railroad promoter inserted a single word descriptive

of the location of his franchise or his terminals he would now be

in Sing Sing instead of owning a steam yacht and spending his

winters in Florida.

From the foregoing the reader will observe that the first-class

criminal lawyer by no means devotes his time to defending mere

burglars and "strong-arm" men. The élite of the profession do as

gilt-edged an office practice as the most dignified corporation

attorneys. Indeed, in many respects their work is strictly

identical.

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" · 第 4 / 9 章