Bnnlc 'P7 CopightE?. COPYRIGHT DEPOSm ruy tooyb*-^^ ^\ ^^ "-^^ The brief ADVENTURES IN THE COURTS OF A NEW COUNTRY AND INCI- DENTAL STUDIES IN THE MOR- BID ANATOMY OF GOVERNMENT BY ORGANIZED CORRUPTION BY The counselor HYDE PARK PUBLISHING COMPANY HYDE PARK, MASSACHUSETTS i^fl COPYRIGHT, 191 8, BY HYDE PARK PUBLISHING COMPANY MASS ACHUSETTS MAY 918 ©CU494976 ^^^ \ PUBLISHER'S PREFACE The Bible suggests that God was the first Judge. That being so, a judiciary is too sacred a power to abuse: and those who do not take the succession reverently are not morally qualified for the bench. All this, and a great deal more, is extract from a diary, corroborated by indisputable facts, and true. Hamlet complains of insolence of office. High offices are secured by skillful ad- vertising, secret influence, and other forms of bribery: and hypocrites obtain appointive jobs and salaries in the gift of those so elect at your expense. Readers are variously impressed: One item of our diarist's, entitled "The Black Hand," in a booklet of sketches called "Tears and Smiles" of some years ago, for instance, brought forth the question of eminent students whether -social degenerates, so called, do not, after all, display more love for their fellow men than does the average of the public pay-roll: or is it a case of extremes meeting, — those above the law, bureau- crats, and those beyond, anarchists .^^ We have seen mouths water with joy over the imposition upon the Shy lock who never lived: and the objects of the rapture neither saw the farce in the play nor the corrupt license of the plot to rob, or knew that the pound of flesh law never was. lago, the detestable scoundrel of 3 4 PREFACE the officer class, utters the finest sentiments of gentleman and good-fellow; Antony, the forger, hypocrite, low-life, and thief, is the great orator. Millions of people cannot see in Christianity much more substantial than a pretext for hate, the profit of robbing and the fun of killing: and to other millions it is a business card. There is an abundance of myrmidons whose sole mer- chandise is any deed for any fee, with protection by those who are above the law. Cervantes had to create an insane person to say the things he felt: and, but for that, Don Quixote is a mere record of ravings. Shakespeare rails at conditions by proxy. Our diarist calls things by their names, in the press, on the plat- form, in court and out: and many now live who remember him facing a forum of unlimited juris- diction in response to the unfair challenge and recite crime after crime of which the challenging judiciary was guilty. We see him raise the orphans of his friend to success. We see him drive out of town prominent preachers whose congregations are too immersed in material in- terests to use their own eyes. We see him write up an interview with a senator, who, con- fronted with the story, throws up his hands in guilt and accepts his "suspension to the end of his term." If the medicine man serves humanity when he prescribes a pill and charges a fee — to what extent, then, helps one who cures whole communities of political and judicial cancers and strengthens the laws that make for human rights, without a fee! PREFACE 5 And the moral is that gentlemen on the public pay-roll, who are ornamental and ambitious, forsooth, but dishonest, as shown, should not be imitated by descendants of good women; but excellent men on the other hand, should be re- tained so long as they are able and willing to serve: for these are lessons in what people en- trusted with government, — lawyers, judges, — ought not to be. CONTENTS CHAPTEB PAGE Publisher's Preface 3 Prologue 8 I. The One behind it 11 II. Divorce Practice 17 III. Criminal Immunity 23 IV. Those Knights 29 V. That Barber Shop Incident 37 VI. General Corruption 45 VII. The Justice-shop 54 VIII. The Rhoades Case 60 IX. The Cattle of Chicago Lawn 73 X. The Testimony 81 XI. The Chancery Crook 90 XII. A Skunk of a Namesake 100 XIII. The Official Lie 106 XIV. That Edition of Filth 114 XV. Rascals at Law 123 Epilogue 129 PROLOGUE ''But soft! methinks I digress too much, Citing my worthless praise: 0, pardon me; For when no friends are by, men praise themselves," — Shakespeaee. THE BRIEF I TEE ONE BEHIND IT I WAS struggling with languages, drifting into newspaper work, reading law, prac- ticing stenography and economy, and residing in Pennsylvania in my early twenties, with not even a distant relative within four thousand miles except — Mary. Among other things not usually committed by men of such age, and under such circumstances — I gradually loaned my funds to her father. My generosity to the family was, judging by the experience I have since acquired, quite beyond that of those better advised and possessed of much larger means. This, coupled with my ready compli- ance with requests for the loans of my savings without evidences of debt, misled them to thinking that I was quite rich. My funds were al- ready practically gone and I was entirely depen- dent upon what I earned when I learned of the exalted suspicions entertained by those who be- came my relatives-in-law of the enormous wealths I did not possess, and I enlightened the little bride, who in turn explained to her people — that I simply earned my living and way by work. 12 THE BRIEF Soon my bride began to beg me to leave Pittsburg and go farther West — any place, saying that she would follow me as soon as I would telegraph her to come. After a few days' discussion we agreed on Cleveland, where I soon found employment, made arrangements for her entertainment, and telegraphed for her. She wrote several affectionate letters, and at last that she was coming. But she did not come. She ceased writing. She refused to talk over long distance telephone with me. In fact, and in law — and to be brief — she deserted me. My disappointment was terrible. A week had passed. Cleveland was dark to me now, and I went to Chicago. But I was — infatuated, and sometimes furious, and indeed almost raving. For here I was, not only de- prived of her and of all my earthly possessions — yes, my lifetime's savings — but such a mis- placement of everything that seemed worth anything in the life of one of that age. And to think that when she accompanied me to the train as I was leaving Pittsburg — after I had given her everything else I possessed, including my storage receipts for trunks and other personal- ties, except some twenty-odd dollars after my fare was paid — her last words of affectionate farewell consisted of the suggestion in manner childish that I leave with her my watch and chain and ring and some diamond heirlooms I had, and a "stud" that I had been just young and vain enough to buy some time before for some three hundred and fifty dollars, lest among THE ONE BEHIND IT 13 strangers I lose them! I left them. So that now, when I left Cleveland for Chicago, I was just able to secure transportation by purchasing a "scalper's" reduced rate ticket, arriving at my destination with two suitcases and forty cents and practically nothing to borrow on. The little wife was to ship everything when she was to follow to Cleveland. I was in Chicago, alone. My wife returned what letters I now addressed to her, some opened and some unopened. Some were readdressed by herself and some in her father's writing. Anon her father sent a female named Newburgh to fol- low me to Chicago, where Father-in-law Delahun prearranged for counsel and entertainment con- sistent with the scheme — to sue me, charging that she was with child and that I was the father. This wench, as later evidences disclosed, had been a concubine of Delahun's and an inmate of a common bawdy house. That Delahun gave her the fare, furnished her counsel, and prearranged everything, she admitted quite boldly in court, as also that she obtained my address from him; and that she had been given letters I had written to Mary : for I did write, foolishly, lovingly — desperately. Years later I obtained some of my Mary's letters addressed to the lawyer of this — person, urging him and pleading with him to waylay me, cause me to be imprisoned, disgraced, discredited, and got rid of in any way consistent with such law practice as was in his power. The Court instructed the jury that, it being 14 THE BRIEF a civil case, they need not be satisfied beyond a reasonable doubt, and that the presumption is that the woman knows best who is the father of her — brat. There was no child in evidence. I had witnesses in court to prove the plot, for the woman, in an orgy, confided her criminal mission a few nights after her arrival in Chicago to those with whom she caroused. One of these witnesses was a sick woman who was told that she was going to die, and her priest told her that she must find me and tell. Her deposition was taken by agreement of coun- sel and consent of Holdom, the judge, and when it was about to be read to the jury the plaintiff's counsel objected and the judge sustained him; he also objected to my other witnesses. A man named Brunski, to whom the woman confided her mission and the plot, took the stand. The judge — Holdom — ordered him off the stand. He would not listen to him. It was a farce! In the court room it was bastardy week, one of those sessions in which hundreds of such are tried, and generally judgments entered against the men for payments of alimony. Np doubt there are many unfortunate just causes. All objections made against my interests were sustained quite yawningly and mechanically. It was a one-sided affair; a lot of witnesses on my side, a good defense, and no show in court! My lawyer, Mr. Albert H. Putney, was one of my professors in law school, who had never before appeared in such a case, and only took up the defense on account of TEE ONE BEHIND IT 15 his strong belief in my innocence and in the injustice being done me, and would not accept any fee. This gentleman took a friendly interest and wanted to help. It was impossible. No one could understand anything of this sort except one who practiced law in Chicago and actually knew these things! Chicago always was corrupt. I did try to make her a little more moral later, but she would not stand for it. Mr. Putney, my said lawyer, at this writ- ing is chief of the Near-Eastern Division of the State Department, Washington. A politician named Fake assisted this woman's lawyer in prosecuting. He was an "assistant state's attorney." He knew her relations with Delahun. The custom was to bring a ste- nographer to court, for otherwise the evidence would not be in existence and a disappointed litigant could not appeal. Fake put a "dummy" in the reporter's chair in order to mislead us to believe that the proceedings were being reported. Behold, now: this man was acting — or rather cheating — in the name of the State of Illinois ! He ordered this dummy in formal language, quite conspicuously, "to be sure and make a verbatim report." When I wanted to appeal I found there was no record to take to the court above. This fraud was committed in order to prevent me from taking the reporter's chair, where I would have made a shorthand report had we not been so — deceived in the name of the State of Illinois! In the earlier stage of this case two lawyers 16 THE BRIEF were hired by Mr. Delahun, one named McCaslin and another named Blocki. When Mr. McCashn became satisfied that the case was unjust, he withdrew from it and tried to get his associate to drop it. But Blocki stuck, although he knew it was a fake case. Then Blocki's wife tried to get him to drop that kind of law practice, but she could not lead him aright either, and she left him; then Blocki gave to the papers a story to the effect that she left with another man. Then, of course, she decided never to return to him. Thus ended another married relation — but that is another story. Later Mr. McCaslin left Chicago, and is now a judge somewhere in Massachusetts. II DIVORCE PRACTICE ANON I learned that Mary sued for divorce in Pittsburg. The formahties of the laws of Pennsylvania were carefully complied with. She was sworn to a document reading that I deserted her; that I was already married to a lady named Starke; that my marriage to her was an act of bigamy — and, further, that she was a minor three days under twenty-one years at the time she married, and that without pa- rental consent — a charge no more true than the others, but the insertion of this gravamen en- abled her to sue in the name of her father as the next friend of an "infant"; that I failed and refused to support her; and that she did not know where I was. And here I had my letters readdressed in her own writing! At the time I learned of the suit the case had already reached the concluding stage, for a master in chancery had made his recommendation to the court that a decree be granted her by default, I not having known of the suit, not defending. Mary had access to my baggage, so she took both baggage and papers — and her many letters to me, even the one in which she thanked me for saving her life when a burning lamp had fallen over and covered her with flames. 18 THE BRIEF Then and ever since in these years I often wondered why the blunder was made to insert that I deserted her "the next day," for those charges remain on record, and couples who separate the "next day" usually do so for one well-known reason; so that it was as clumsy a job for her sake as also an earmark of her lawyer's and her next friend's crookedness: and the poor girl did suffer the consequences. But that is another story, too. I did not have much money. Yet for all the matter of policy in law practice to the contrary, I could not stand for the falsehood without answering to it; and I did. I was still young and foolish enough to believe that being right alone will prevail, too. And still, and for all the evidences to the contrary before and since, I hope for strength so to believe to the end! Of course, I was impulsive. The case came to my knowledge by my writing to the courts asking whether some sort of action was not pending. Then I secured a copy of the files, in the Court of Common Pleas of Allegheny County, Pennsylvania. I prepared an answer to it and filed it, together with a petition to the Court, ex- plaining that I was never served, that there was a danger of fraud and miscarriage of justice, and that I wanted leave to defend. I got a lawyer, but I did not give him much money — because I did not have much. This lawyer readily made plans for many suits — his eye was on figures following the dollar mark: but his conversation did not savor of either speedy action or other DIVORCE PRACTICE 19 satisfaction for me. It was all of figures, aliena- tion of affection suits — money. I told him he could keep all the damages he could recover, but I wanted justice for myself: that is, I did not want a lie to be proven on me. I was crazy about the girl, too. The lawyer wanted in writ- ing that he could keep all the damages he could recover. He got it. A cousin of this lawyer's was a railroad-witness physician, who was in a position to get passes for his friends. He got one for this lawyer for a set of vacation trips all over the country: and when he got the pass my true and lawful attorney also took in Pittsburg. The first thing he did was go and see the Delahuns, and offer that whilst he had come to fight — if Mr. Delahun would give him some of. those diamonds of mine he would let him take his daughter's decree of divorce by default, by silent agreement, or in any other way, on the charges on file. Soon I heard of that, for Delahun now had something to brag about, to strengthen his position, and it was common talk in Pittsburg. When Lawyer Ogden returned to Chicago I accused him of it, giving him the source of my information. He did not deny it, but said that he made that proposition to test the Delahuns — in fun. Maybe so, but I dis- missed him immediately. Soon thereafter the court in Pittsburg entered an order, on motion, to ignore my petition for leave to defend because it was not accompanied by a non-resident's bond. Lawyers, like other people, usually give but slight attention to one who has little or no money. 20 THE BRIEF Of course there are exceptions, but I did, not meet the exceptions. I had a great grievance and a just cause, and was eager to fight a fair fight. One is never such a champion of Justice as when he wants some. But justice works on wheels, as it were, and the wheels have to be greased, and I did not have much of the grease. The country herself has since, as before, officially admitted that you must have men, munition, and money. You can buy both men and munition, with money. I soon learned, too, that under the Pennsylvania practice, when a woman files a petition for divorce, and her defendant or victim, as the case may be, is within the jurisdiction of the court, her lawyer makes motion for tempo- rary alimony, attorney's fees, and master in chancery's costs. She invariably gets this by interlocutory order; which means that I would have had to pay and keep on paying or go to jail: and poverty is no defense. When a very young man marries and gives up his funds to a father-in-law he does not think of a sinking fund for such purposes: so I was not prepared. The dice were loaded, the fight was an impossibility. I had not even had time enough to recover from my series of shocks yet, without remaking money. Besides, I knew I could not refrain from violence if I ever met that scoundrel anywhere — and then the law would handle me even more roughly. There was no use, then, and it would have been too expensive and risky, to go to Pittsburg: so I just decided to console myself with the satis- faction that I filed an answer, feeling that DIVORCE PRACTICE 21 though it did no further good, it called the lie a lie, on the record. For purposes of policy, again, had I not filed the answer at all it would have been better, unless I had fought to the end. I had not the means. Nor did I care any- thing about policy. Policy is sometimes trickery. I wanted Truth. I knew I was right. The charges were false. I learned about them, and, like I thought an honest man ought to do, de- nied them. There have been times when I did feel that Mary was made to believe falsehoods, and I was fond of her. I should have known better. I was more of heart and less of head. Per- haps I should have been glad to get rid of her had I had the information I since obtained: but even then not with such charges against me on the records of a court, if I could help it. And in spite of it all, I could not believe her capable of any wrong, at times. I have since known men much older who could not believe any wrong, when there was wrong! There is no permanent resolution about her now. No deci- sion of her morals or turpitude is twice alike or ever final, or ever will be. — In my life Mary is a sarcoma that gnaws. Other complications arose. I used to be as good to my friends as other young people are who have no one to warn them. Now, when I got married and had all sorts of plans, and by such extravagances my means had begun to be exhausted, I wrote to those friends whom I had accommodated with loans that I could well use the various little amounts they had borrowed. 22 THE BRIEF Some responded with what money they could spare. They were just friendly loans, without interest, and without memoranda, for that matter. By the time I got to Chicago responses still came to the Pittsburg address, although I had notified the postoffice to forward my mail. Ill CRIMINAL IMMUNITY MY mail was received by Mary and her people in Pittsburg after I left there. They took out the moneys and checks the letters contained, signed my name, appropriated the funds, and destroyed the letters. When I learned about this I resented it and wrote demanding my stolen property. My letters to them were still ignored. Soon I learned that some of the inclosures were post-office money orders, one of which came in a registered letter. I complained about that to the post-office de- partment. After a few months' correspondence I was informed by Post-office Inspectors Stuart, Germer and Mullen of Chicago that Delahun had political influence, that they could not get any satisfaction out of the postal authorities in Pittsburg, that they are a lot of crooks, and that they were very sorry about it. I had the return receipt of a registered letter in which a postal money order had been delivered to the Delahuns, who signed my name. The post- master-general referred my letter to the local inspectors in Pittsburg, and they, as I was now informed, could not help me because there was politics! Then I wrote to President McKinley. By order of the President an investigation was made and the amount of this money order was 24 THE BRIEF repaid me by the postoffice. But I wanted to know what would be done to the thieves. After much correspondence I learned that nothing was done to them, and that the money which I received from the Department was deducted from the wages of the letter carrier from whom the registered letter was obtained without my authority, in spite of my written request to forward my mail. I sent the postman my check for the amount. But against pilferers of the mail who had friends in politics even the Pres- ident was helpless. Later on letters were sent to me by friends in New York, together with the envelopes in which they had been received unsealed, written by this Delahun, on his real- estate-agent stationery, saying that I was a very bad man, that nice people ought to shun me, that he did this letter-writing unselfishly and for the sake of humanity, that I was — everything that one could be called by a vile and filthy-mouthed rascal such as he. Again I lodged a grievance at the postoffice, because it is a violation of the postal laws to send such abuse: but I got no better satisfaction than when my money -mail was pilfered. "Nothing doing," "Politicians," "Great big drag in Pittsburg," were the reasons assigned by the same post-ofiice "inspectors" for what they pleaded to be their inability to do their duties under the law, claiming to have corresponded with the authorities in Washington and Pitts- burg for months, in vain. I would have been something else than hu- CRIMINAL IMMUNITY 25 man had I not expressed my sentiments to the Delahun family in writing, which was really all I could afford to do. I did that and sent it by mail. Nor could I admit that the law gives them rights which other citizens have not. There is a quaint epithet, known by all Anglo- Saxons, commonly used and properly applied to men like I thought Delahun was, and so I showed him, in argumentative manner, that if ever there was a son of an indecent woman, he exhibited every etiological element of each symptom that pronounced one. He consulted his political and legal friends with a view of getting me prose- cuted for it: but they told him that, had I written those letters to third persons instead of to himself, talking about him in terms as I did to him, those letters would be actionable: or, had I written those things on postal cards in- stead of letters, the language would be actionable under the postal laws: but that those letters, ad- dressed as they were to himself, did not amount to a publication of the names that I gave him until he showed them around himself, and for such publication, by himself, the sender of the letter could not be charged. Delahun was furious: but he saw a way out: so he seated himself, now that he was well advised of the law, and wrote postal cards to himself and his wife and his daughter and other relatives of his that I never heard of, calling each all sorts of names, signed my name, and had them mailed to him- self and his relatives and friends by his female accessory from Chicago. 26 THE BRIEF Then I was charged by these same post-ofBce inspectors who theretofore claimed to resent Delahun's corrupt political influence — with send- ing obscene postal cards to the Delahun gang. I have begun to submit to such conditions in Pittsburg as criminal immunities by influence. Perhaps I might have been willing to overlook that this individual had the right to rob me, to lie about me, and to write all the libels he desired about me, in manner he chose, with impunity, whilst I should not have the same right, — since the President himself was helpless in the matter, — but here I was, charged with the writing of post-cards to Delahun, which cards he himself had written to himself and his! Two years had passed. The judgment in the paternity case had been paid and forever satisfied^ and the wench had long since gone back to Pittsburg, the bawdy house, and Dela- hun. The white-slave law did not exist then; nor would it have affected one who had im- munity by influence. There are plenty such. My petition for divorce was now pending in the Cook County Circuit Court, in Chicago. For I had to get rid of Mary legally. In fact it had been so pending at the time I heard that she had sought a divorce in Pittsburg upon those charges in which her father and his divorce specialist friends had assisted her. I charged desertion, although I had other evidence: for what would have been the use of marring her future chances.^ Had she not done enough to herself alone .^^ All I wanted was that she either CRIMINAL IMMUNITY 27 come, and get out of the sinister influences in which I beheved she Kved — for I did beheve her an angel fallen among thieves, at times — or that I get free from the legal and moral bonds. The postal-card case came up for trial in the United States Court. I was arraigned on my twenty-fourth birthday. The very same post- office inspectors who pretended to sympathize with me because they could not be helpful when the money was stolen from the mail — these same officials who lamented that nothing could be done to that scoundrel because he had friends in Pittsburg politics — now appeared as my prosecutors. Nay, they lied in the hope of having me convicted, in order to please the Delahuns. They sought the friendship of the man who had friends in politics; for they were on the public pay-roll through the support of such. They swore one after the other that I went to them and told them that I had written those postal cards. They knew they were in Delahun's writing: and they were still in posses- sion of the letters he had written to my friends in New York, for which these same barnacles of the law should have prosecuted him. Delahun confirmed their testimony by saying that he had seen me write a hundred times, and that they were written by me. My plea was that Delahun himself had written them in order to get me in trouble. I wanted to offer in evi- dence the letters he had written about me, but the post-office inspectors had them: they claimed they were in Washington. I doubted it then, and 28 THE BRIEF know now that they were not in Washington. Inspector Stuart had them in his pocket. I happened to have other papers written in Dela- hun's hand, and used them to the best ad- vantage I could. IV THOSE KNIGHTS DELAHUN came with political letters to Prosecutor Bethea: also, he wore the same society badges that the prosecutor did; and he had shed tears before the United States Attor- ney in his office. I have no doubt Bethea be- lieved him. The prosecutor overdid himself, and got a number of assistants to help him. They abused me till they talked themselves hoarse, one after the other. I was alone. Since then I learned that when Delahun asked the United States Attorney to help him, he added: "Be- hold my badge as a noble Knight. You swore to avenge the wrongs done a brother. I am your brother. This man wronged me and my beautiful, innocent daughter." Bethea was a bachelor. These cattle actually believe them- selves nobles after they pay their initiation! I have been more or less connected since then with some of the biggest cases tried in the coun- try, but never have I seen so much energy dis- played, so much abusive language vituperated, and so much unfair and unlawful law practice in evidence as these United States Attorneys indulged, in this petty, nasty, "clothes-line" family affair, upon such forged postal cards, and against me — a mere boy, with not a friend so THE BRIEF within four thousand miles! The prosecutor put the Government to considerable expense: even caused the payment of the traveling ex- penses of the Delahun family and some ward political toughs that they brought with them. This great power, the counsel for the Govern- ment, indulged in the unprofessional practice of waving a copy of that fraudulently secured "paternity" judgment before the jury, and by flaunting before the venire a certified copy of a now fraudulently and by -default-obtained di- vorce of Pittsburg, which said that I had had a wife living when I married this man's daughter. They made reference to my youth, my education, my religion, my writing in the papers, my for- eign accent, which they claimed to be feigned — for I had spent seventeen of the few years I lived, abroad — and referred to my familiarity with foreign languages, as so many instruments of crime or vice, and made capital of every possible suggestion that could arouse passion and prejudice — for nothing will provoke the prejudice of the lower men in a jury box more than contemptible reference to education or any- thing respectable. "Look at him!" he shrieked; " don't he look like a seducer of young women .^^ He speaks French, and German, and Latin, and Hebrew, and Hungarian, and Italian, and Greek, and what not! — Will you let a fellow like that be at large and make it possible for him to write insulting postals to you and your wives and your daughters.^ He has a lot of wives, too. He deserted his young wife: and look THOSE KNIGHTS 31 at this good, suffering father-in-law!" — whilst the complaint against me was that I wrote a postal to Mr. Delahun, respectfully requesting that he return to me the things he stole from me. The law is that though a man be a thief, you may not call him that on postals. You may, in a closed letter. Delahun wrote it, and signed my name. When Bethea got through abusing me, his assistant, Childs, addressed the jury; and after him another assistant, Hopkins, a senator's son who was there to work his way into politics: all in the same vicious vein. When the assistants got through they asked Delahun how he liked them as orators! Bethea foamed like a hy drophobiac : he said that the writing was so far from being Delahun's and so near mine, that as a matter of fact I imitated Delahun's writing when I wrote to him, and so prepared a defense, in order to be able to deny the writing if ever I were prosecuted for it. He was so tricky and abusive, and so unfair to fact, that I could not refrain from calling him a liar and a scoundrel in open court: for he well knew that I worked in newspaper offices, which are full of typewriters; he knew I was a shorthand reporter, and had typewriters; and he knew that if I had wanted to write something that I ever expected to deny, it would have been more reasonable for me to write it on a machine. And why should I, if I had written them? For I was anxious to have it known in what dastardly manner the cur robbed me, and how he made his young daughter take the place of billy, black-jack, and 32 TEE BRIEF other burglar's tools! As a piece of thievery, it was a clever job: but is that the use one should make of a daughter? The pig! It was one of those trials in which the prose- cution feels overconfident: a prosecuting attorney has nothing to lose anyway, for, right or wrong, the Government pays the expenses and politics stand behind him: and what more dangerous than an irresponsible person — or a fool armed with a knife — with nothing to lose, acting in the name of the country? It was generally understood at the time, too, that when one is accused in the United States Courts he might as well plead guilty, for the marshal, the jurors, the commissioners, and all concerned there are one crowd, interdependent on each other for favors and the maintenance of jobs; they are known to stick together like thieves. The juries there con- sist of a melange of poor citizens and pensioners and cheap politicians. A rather interesting coin- cidence in a barber shop disclosed later that at least one actually came from the soldiers' home. These poor fellows usually beg the prosecutor for the favor of being given a chance to make jury- money. The trial lasted two days. Over night the jurors were not allowed to go home. The deputy marshal in charge explained to them that the prosecution would have allowed them to go home, but that I, the defendant, insisted that they be kept behind lock and key — as if they had not already been influenced enough by all that array of official perjury and insidious elo- cution. Had I been fined, I do not know where THOSE KNIGHTS 33 I would have got the money to pay. The jury found against me. Judge Kohlsaat could not help seeing through it: he would not impose any fine. He said he did not believe I wrote those postals: he said there were too many words misspelled. He held that I was a perfect speller. The same words were misspelled in the letters of Delahun which I offered for comparison. Many lawyers who were present told me that they never saw the judge so lenient with a man against whom the jury had found; that a man would have to be crazy not to see that the prosecution was too vicious to be honest; and that the Government never before had spent so much money to make a breach between husband and wife so perfect and permanent. That is all it seemed to amount to. And the judge concluded by saying that instead of a United States District Court a divorce court should have had to listen to that case. United States Attorney Bethea was furious with disappointment. When next he saw me he accused me of having had friends influence the judge. I told him that he lied and invited him to go and let us ask the judge. I did not care how I spoke to him now, for he had already done his worst. But he would not go to the judge with me. While this postal-card case was being tried, frequent reference was made, for the purpose of "showing me up," to the fact that there had been a divorce against me in Pittsburg. I explained that that was a fraudulent divorce, of 34 TEE BRIEF no validity; that my divorce was then pending and was due to be heard in a few days; and that I had mailed notice of it to the defend- ant, the daughter of the scoundrel present. I showed the large envelope, unopened, still con- taining the copy of the petition for divorce, which Mary had readdressed to me, having refused to accept it. The judge looked at it, as I thought then, indifferently. Under our law, when a person is charged with one offense, no evidence is admissible which would tend to prejudice him before the jury, except to the issue, and the issue in this case was whether I wrote the postals or not: but when you want a jury to find that one wrote certain postals and at the same time show that that same defendant has lost other law suits — it is a violation of law that no decent lawyer would commit. The United States Attorneys did that. And Dela- hun's lawyer in Pittsburg who engineered all this smut was the president of the bar associa- tion there! Some of the crookedest tricks I ever saw were accomplished by people cloaked in just such ofiices! Yes, a dishonest lawyer is the crookedest of all crooks, and there are thou- sands of them, of very high standing — as such. Some are never found out, because their crooked- ness is for the rich, whose actions poor wretched political parasites in office would not dare in- vestigate, except by orders from men above, as a political investment. The petition for divorce which I filed was one of those printed blanks, with spaces to fill in. THOSE KNIGHTS 35 Under the laws of Illinois I was entitled to a divorce when two years had elapsed from the day Mary deserted or refused to follow. More than two years had elapsed. The printed stat- utory form read that petitioner and defendant were married and "lived and cohabited" together before the desertion was committed. Whether there was living and cohabitation really or not did not make any difference for the purposes of the case; because if she deserted more than two years ago, that was sufficient to entitle one to the decree. But the words "lived and cohabited" bothered me, for I really did not live and cohabit with her, and now was rather glad of it; so at the trial I explained to the judge that although those words appeared in the printed form, that part was not true: I was glad to em- phasize it; and, too, I wanted to have the facts clear upon the record. The judge saw a plain case, — a lot of returned letters in the defendant's own writing, evidences that she and her people accepted my moneyed mail, evidence that I had sent for her, that I resided in Chicago for two years and more — and I had a witness there to prove the breach of the Commandment; but I told the judge, when my evidence on desertion was all in, that if he thought I made out a case I would rather not call that additional witness. It sounded well to Judge Tuthill, and he knew me, too, because whilst struggling to make ends meet as a reporter I had time for sundry chari- ties, with some of which he was connected. For instance, I was a probation and juvenile 36 THE BRIEF officer and did not draw any pay, and he was the judge of that court. (This is the same judge who, some thirteen years later, decided judi- cially, in a case where that was not in issue, that Shakespeare was a mere sausage-maker and that the works bearing his name were written by Bacon the courtier, shyster, and confessed, con- victed, and pardoned bribe-taker and contempo- rary, who himself never claimed to have done the work. I want to plead for Mr. Tuthill that in my time he used to be quite rational and that a mere lapse of senility may be to blame for the slander to the three-hundred-year-dead Shake- speare. One need not be dead at all to be suc- cessfully maligned on the grand-stand as even this story will show.) The files of my cause disclosed that Mary refused to accept the notice of suit which the clerk mailed to Pittsburg, for it came back to the Court. My heart was so heavy at that short trial! How unsophisticated I was about her would be better indicated by the fact that in spite of all this persecution, and years after I had divorced her, I named her as beneficiary in my life insurance. Anyway, I got the divorce. V TEAT BARBER SHOP INCIDENT THE juror from the soldiers' home must not be overlooked, so I quote this from my diary : ... I went to the Saratoga Hotel barber shop for a hair cut. I very seldom can spare the time I have to wait for my "next"; therefore I shave myself, but I never could learn to cut my hair. Barbers are quite a loquacious fraternity. Half the time some of them blabber aimlessly; sometimes they impart good information, such as they pick up from customers, by overhearing them while they talk with each other, and all the time they talk for talk's sake. I was waiting for my turn, reading the Osservatore Romano, when my attention was attracted by a part of a barber's talk, while he was shaving a disinterested victim. The name of the barber was Aryan: "This lottery shark, John H. Dalton, I see in the papers, was again convicted for using the mails fraudulently. My father helped convict him twicet. You know, Dalton sometimes calls himself a doctor. My gov'nor is on the Federal jury almost 38 THE BRIEF every year; they always have the same crowd of jurors there. When they have an intelh- gent and impartial crowd they just hold on to them, and they just keep on drafting them in, again and again." I knew Dalton; that is how my atten- tion was attracted at the mention of his name. When I first came to Chicago, Dalton called at my office and gave me a lot of translation to do; but after translating a few of his pamphlets I became suspicious as to the legiti- macy of his business, and then I declined to do further work for him: for which reason Mr. Dalton refused to pay me for the work I had done in the past. And so, as I was in the habit of going through my ac- counts at least once a month, I have seen the name so often that its mention naturally invited my curiosity. I listened further: "Who the devil is Dalton .^^ Gee, but that damn razor of yours is dull; it hurts like hell. I thought your old man was in the soldiers' home in Danville: do they draft jurors from there .^" "Hell, no! They serve the papers on me, and I get him. He can use the few dollars, you know. Of course he always gives my address. Last time he was on the jury he said he was the barber in the Saratoga Hotel. Of course he could not say he was in the Home." The barber stopped for breath and to strop THAT BARBER SHOP INCIDENT 39 the razor, which he then tested on his thumb- nail, and continued: "Dalton is a poHtician. He owns a lot of saloons. He is what they call the lottery king. He runs the International Aural Clinic, which is a fake mail order concern, but from, its name people naturally think it is a hospital : there he sells a sort of an ear drum and a small bottle of vaseline, a combination which costs him about three cents, at fabu- lous prices, guaranteeing them to cure deaf- ness; he advertises Dr. Dalton's Deafness Cure all over the world, in all the languages, and thousands of dollars are pouring into his thief's kitchen every day; he makes money hand over fist, and they can't do nothing to him." "But you say he has been convicted," put in the groaning customer from under the squeaky swishes of the razor and amid the incessant talk of the barber, edgewise. "What t'ell is a few thousand dollars' fine to a guy like that. It ain't nothing to him. He has been convicted many times; but he just pays a few thousand dollars' fine, laughs, walks out of the court room, goes to one of his saloons, sets them up, and that is all it amounts to, to him. But say, the greatest case my gov'nor ever was in was before Kohlsaat. It was a young fellow, about twenty-four years old. Say, that fellow knew all kinds of languages. Wasn't he smart, though.? He used to write in the papers. 40 THE BRIEF roasted every one he didn't like, and he wasn't afraid of law nor nothing. He would marry any girl he liked. It was a cinch for him, for he had all kinds of money. They said he was some damn nobleman who got piles of money from the old country — that's what the bailiff said to one of the gentlemen of the jury. Well, he would shake his wife and get another one. He wouldn't go to the trouble of getting no divorce nor nothing. Sometimes he would live with a woman with- out any marriage; when he would get tired of her he would just shake her. That fellow was so smart they couldn't do nothing to him. "There he sat in court. Gee, he was dressed fine, and he was a dandy looker, too. The first glimpse my old man took of him, he says to himself, says he, 'wouldn't you look dandy in stripes .f^' Well, sir, he was charged with calling his father-in-law a scoundrel on a postal card. His father-in- law did him some dirt; I guess he was an old profligate, all right; and I think he turned his daughter away from this damn foreign husband of hers, for, you see, she only married him for his money, and she got all of that. But it is unconstitutional to send such insulting postal cards by the mail. "Well, sir, there he spread himself com- fortable on a table in the court, dressed like a new doll, writing letters and drawing pic- tures of the jurors, the judge, and the prose- THAT BARBER SHOP INCIDENT 41 cutor, and he didn't give a damn. And then he took the stand and dared deny that he wrote the insults, after a Government de- tective himself swore that he was guilty as hell. He didn't care for nobody. And there was some law professor who said the writings was not his; and also an old woman, from uptown, you know, and she testified for him. She liked him, and she had daughters; and the prosecutor said it right to her face, right there in court, and before the judge and the jury, that that is why she swore the writing wasn't his — because she had daughters; and she didn't do a thing but smile. She said he was the finest gentleman she ever knowed. "I wish I had had a chance to get a whack at him, I tell you. Gee, wouldn't I! "He was fine educated, too. His lawyer, a little Dutch shyster, said something there about that the father-in-law, whose name was Delahun, had wrote worse about him to some New York Mason lodge; but they could not prove it; and then he said that Colonel — what the hell is his name — well, whatever it is, he said that the post-oflSce inspector had stole his evidence. He ad- mitted that what was writ on the postal — I think there was several of them postals — was all true, and he would not take it back; and he said he wrote something like them, and worse, in letters, but not on postals. The court stopped him from insinuating further that the post-oflfice inspector was a 42 THE BRIEF thief, because that wasn't competent evidence nohow. "Then he got mad, and told the United States District Attorney that he was a har and a scoundrel; and then he said the old father-in-law was a liar — I believe he called him an idiot, and then he called him a cancer-eaten rogue. What do you think of that — right in open court ! "Why, that fellow, he's got children, so many of them that he don't know them; some of them he never seen, but they're his, all right. He was certainly hell. And, you know, two of the jurors was Masons, and they said that this fellow wasn't a Mason at all, because if he was one, in a trouble like that, wouldn't he have sense enough to give the distress signal of the fraternity in open court, so that his brothers could recog- nize it.^ You know the district court is always jammed with folks and lawyers, and don't you think if he was a Mason he would have sense enough to know that there was Masons amongst the crowd, and put on a Mason badge as big as a fork, so they would see it and help him. You are a member of the Mac- cabees yourself: If you was on the jury, and a fellow insinuated that he was a brother Maccabee, and he wasn't, wouldn't you con- vict him on general principles.'^ And wouldn't you have it in for him? "Gee, but he was a bad egg. They showed the damn foreigner up, all right; and, you THAT BARBER SHOP INCIDENT 43 know, he was afraid of the jurors' finding out some more about him privately, so he made the judge keep them prisoners over night. It is hard to escape a Federal jury anyway; but they found him guilty all right." "And what did they do to him.^" slob- bered the customer from under the bay rum. "Well, that's up to the judge. The jury had nothing to do with the sentence, only to find him guilty. I don't know just what he got. I hope to Christ they hung him. — Next!" I was next. Barber Aryan cut my hair. He talked a great deal to me; he told me all about the horse races and the baseball games and the prize fights. I would have given anything to have had him revert to the case of which he had spoken to my predecessor in the chair of torture, but I could not think of a thing that would lead to it, as I was a stranger to him. I was too conscious, too, of my position in the matter, and I did not have the courage to broach it. Some weeks later I looked for the same barber again. By now he had lost his job; but I learned that he worked in the Great Western Hotel. I managed to get into his chair, and to remind him that I once over- heard him talk about an interesting case, in which his father served as juror. He did not seem to be in good humor, his breath was spirited, and his answer short: "I know all about the case, sir," he said, "but you 44 THE BRIEF can't make me talk about it; you are a newspaperman, I know, and you would write the thing up." "No, sir," he resumed after a period of silent hair clipping, "I am as mum as an oyster on that there subject." I looked up the records of that postal- card case, and my experience in the barber shop was fully confirmed. This barber's father was actually on my jury and had represented himself as a barber in the Sara- toga Hotel. I continued my inquiries and found that this barber's father — my juror — was an inmate of the Old Soldiers' home at Danville. VI GENERAL CORRUPTION THINGS practical confronted me in their true complexion. I was fledging into ma- ture manhood and began to take the atmosphere in which I lived most seriously, and crooked- ness pervaded so many things ! I lived in Chicago, they say the crookedess place on earth: but that is not so. The big city is a great hiding place, infested with everything, everywhere. But I began to see with traveled, expert eyes. High and low vice, perjury, and general corruption existed not only, but was worshiped by the multitude and even by those in office and power because of their enormity and success; and it was all aggregate and not individual: nay, indi- vidual corruption would have failed, even as indi- vidual honesty at times, for organized jealousy, competition, and corruption would have over- taken it under the pretext of fighting for fair- ness. If a man held public ofiice, or worked for a big concern or a rich man, it appeared that he did not feel it necessary to be decent at all : and on the witness-stand — it never before would have seemed reasonable that people would swear so recklessly. Such were my obser- vations, for instance, as a reporter in court. It all seemed a mere game for — who will win ! 46 THE BRIEF One small band with which I naturally fell in was an organization of shorthanders. The high courts of Chicago did not have any official ste- nographers, although the law authorized every judge to appoint one for his room; but as the judges' jobs were elective, and judges wanted to make plausible showings of economy at future elections, some of them did not hurry to take advantage of their rights under that law and stuck to the status quo, which was more expen- sive to the public, less safe, and often corrupt — but all that was subconscious. The people don't know: and politicians thrive upon that ignorance. . The system, such as it was, was un- fair to litigants who could not afford reporters, partial to those who could, and unreliable gener- ally, because stenographers were paid by parties to suits, many of whom controlled their stenog- raphers and corrected their transcripts — and the reporters were not the servants of the court, as lawyers, and judges, too, ought to be, but of those who hired them. And so the grade of their ability, the caliber of counsel who hired them, as well as the necessity of the patronage of the respective employers, affected the certificates of evidence that they signed, and justice. Nor could the fraud which was committed upon me in the name of the State of Illinois have been possible had the court reporting system been fair. And such fraud was general, and the public suffered. I wrote an article advocating fair competitive examinations and appointments under the law, which appeared in the Herald of March 22, GENERAL CORRUPTION 47 1903. This antagonized some of my fellow- reporter^ very much, or at least divided them into friends and enemies. Some years before then I had passed a short- hand-teachers' examination and received Sir Isaac Pitman's certificate. Not that I ever expected to teach it, or to practice it, for that matter. The local reporters knew that I was the only one who had such an evidence of proficiency; and they also knew that I had been mentioned for an official reporter's job. The first reason why I did not get that job was that I did not have the $2000 which I was asked to pay for it; and the second was that when I was told that my note would be accepted, and that I could pay it in installments from the earnings as official reporter, I wanted to know who would get the $2000 — for unless the money went to a legiti- mate purpose, I would not have the job. Then they said I was unreasonable! Now, there were men in the reporting business who had grandsons older than I was; these older men organized a society under a charter from one of the labor orders. They invited me to join it, which I did. To my surprise I found later that the original organizers all had taken oaths not to seek or accept, but to oppose, the appoint- ment of official reporters. They heard that I declined the offer of one job and was tnentioned for another. I believed in both the law and the appointment: but since there was no honest way of getting it, and since, also, the veterans in the business swore that they did not care for it but 48 , THE BRIEF were opposed to it, and since I had other am- bitions anyway, I had no special reason to object to remaining a member of the miion; for I only joined in order not to offend those who invited me. The organizers of the union themselves wanted the official jobs. They framed up the "union" in order to get the younger people in and pledge them against seeking appointments. When that was accomplished the older men went to work, by political influence and otherwise, and secretly sought the official appointments and secured some one by one! In a town so big and so corrupt there is always something to find fault with, anyway: but this being a subject so near to me, and it being of interest to the public, I exposed the perfidy, which I resented, in a signed card in the Herald of October 11, 1903. The union then appointed a committee to write an article denying the unfair conduct: but the editor told them that unless the denial was signed and sworn to it would not be printed. As the committee could not swear to falsehoods in writing, in view of the fact that all the judges knew that they all were applicants, there was no reply printed; and the union had to content itself by buying certified copies of that fraudulently rail- roaded paternity judgment and sending them to the different judges of the superior and circuit courts, addressed by typewriter in blank envelopes. District Attorney Bethea was also enlisted to talk to some of the judges — and he told them what a bad man I was! GENERAL CORRUPTION 49 The obtaining of the certified copies is of ad- ditional interest, since Holdom, the judge, had told me that he was satisfied — too late — that that was a miscarriage of justice, and that, for that reason, he would direct the clerk of the court to impound the papers in that case in order to keep malicious individuals from using them, as he knew they did. Had the judge done that, the circulation of those copies would not have been possible, then or later. Nay, I reminded him in open court a year or two later of what he had said and promised, and that copies of the thing are being circulated by enemies. His answer was that he was so afflicted with rheuma- tism that he did not care to be afflicted with — me. — That is the sort of judge he was. — I ought to be ashamed to admit it: but I actually used to pray for these unwashed curs of human form, whilst they all but preyed on me! Soon after all this mess I took the bar exami- nation and was admitted. Here I was, a licentiate at law, a nervous wreck from all I had just been through, and with only about two hundred dollars to my credit. It was not enough to start out with: but I was a sort of a newspaperman, and a newspaper offered me a job that was in the nature of a lawyer's occupation. They made a new "department" to which people in need of legal advice were invited to write and were to await their answers in the columns of the paper. I was to get a paltry compensation by the inch and column, but I was satisfied. I reckoned that with that I could pay part of the 50 TEE BRIEF office expenses. Soon thousands of letters poured in, from everywhere, many containing troubles that needed immediate attention and advice. The scheme of the paper was to get individuals to continue to buy the papers until they would find their respective answers. But to let them wait their turns would have been cruel, for soon so much copy accumulated that it would have taken my later correspondents months to receive answers to their anxious questions. I soon found that what little the newspaper paid me was hardly enough to pay for the postage to the answers I was not even supposed to write; but I could not sympathize with the editorial scheme of making them wait so long, after I saw through it, so I answered such letters as needed early attention without delay, by mail. I knew what it was to be anxious, for I had waited myself: yes, and was still waiting with a vain and impos- sible anxiety no one could know! I did not begrudge the newspaper the credit, however, for in fact I used its stationery and signed myself "The Counselor." I enjoyed the job immensely, and I learned more by looking up the answers to the thousands of problems than a good many years' practice would have taught me. Anon I found that the editors opened the mail addressed to the "Counselor," in quest for sensational news. I put a stop to that. Had I not done other work, I could not have made ends meet. The result was I worked all day and late at night, for months, on the troubles of these people, with piles of unread GENERAL CORRUPTION 51 letters always ahead of me; and my delight in being helpful and buried in an interest — and work — kept me as well entertained as busy. Many a morning found me at the desk which I had not left since the morning before. And many a month long have I worked eighteen hours and more a day in the years that have elapsed between then and now. Never before was work so fascinating. Every letter disclosed a distinct set of troubles. I certainly was qualified to feel and bear with people who ^eve in difficulties; and the great majority spoke not only of troubles but also of poverty. They were better off than I had been, however, for they had the "Counselor" to write to. As a power for good, I was growing and growing: When a poor person got into trouble and it was brought to my attention for help — - all I had to do was call by telephone and the authorities seemed to fall all over themselves in their haste to release prisoners, or transfer a drunken police officer to a beat farther away from his residence so he could not go and give his wife a beating every little while, — all protesting the honor of serving the Counselor, who worked for God and Charity. Whilst I appreciated the favor I took the praise with due discount, for I knew that the Saviour himself could not have got such prompt service from politicians for nothing, except because there was a newspaper behind him; and well they might be so practical, for a malignant misreport read by millions cannot be entirely offset by a booklet like this: so poli- 52 THE BRIEF ticians figure that by befriending a newspaper — at least it may — not lie about them, perhaps. How delightful it was, to be of actual help, to thou- sands! Nor was that all the compensation. The paper was owned by the worst man in America. He had libeled thousands upon thousands. He libeled me and got me into all sorts of trouble, years ago. Indeed, he was accessory to the murder of President McKinley, and to many another disaster, by his cartoons, scandals, and lies, whereby people have been misinformed and "doped" — as that class of newspapermen de- light to call their nefarious work — and the victims ruined. Now I was his "Counselor." I did some good in his name. And, God, how I did love that work! The justice-shop system was in vogue. Corrupt and rotten are not quite expressive of what they were, these thieves' kitchens. When I had time and an itch for writing, in those writings I advocated, among other reforms, their abolition. The system I outlined in my articles has been realized and is now in operation. I often hear and read references to it as an exemplary system, but never do I hear my name in connection with its accomplishment; yet I wrote and spoke and worked and suffered persecution for it. But thanks for the success. To tell all I knew about it would mean the editing together of all I said and wrote about it and more. It would be incredible to those who have not lived and prac- ticed law — or have not been in the clutches of it — in Chicago. My last article on the subject GENERAL CORRUPTION 53 appeared in the Record-Herald on Christmas, 1904. It was an answer to a card pubHshed by a Mr. Darrow, who has since been on trial for crime in Cahfornia, defending that system of cor- ruption and blackmail in its status quo. He tried to rescue his justice-shop friends when the crisis of the end of that particular corrupt business was reached, for a bill was pending in the Senate to do away with the justice-shop and to establish the municipal court which I advocated. There were some seventy justices and hundreds of constables and other judicial parasites contin- uously putting up jobs, blackmailing, robbing the people, and selling "justice." These men made bigger wages than did the judges of the courts of record: not officially nor honorably, of course — and that is just to what I objected. When the matter of their abolition was up they put up quite a lobbying fund. Big business men, too, contributed large donations, for the system was valuable to them. All they had to do with accounts was to turn them over, by the hundreds, to a "justice," and they were all turned into judgments ready for execution, on "speculation" fees, without ado. But they lost. F vn THE JUSTICE-SHOP OR a suggestion of what the justice shop was, here is that last article on the subject: SCORES JUSTICE-SHOP ATTORNEY OF THE CHICAGO BAR POINTS OUT EVILS OF THE SYSTEM FEES BLAMED FOR ABUSES FAVORS THE PLACING OF ALL COURT OFFICIALS ON SALARY AS THE REMEDY An attorney of considerable prominence has recently declared himself the champion of the justice court system as it now prevails in Chicago, saying, among other things, that a change in the system would not change conditions in the least; and when he found himself criticized by the members of the bar he prepared an evasive answer, which he published in one of the evening papers, modifying his statements, except as to the few justices of the peace who are his neigh- bors and with whom he is doing business. It does not seem reasonable that he should not know to what extent the justice system affects business, the poor, the general credit THE JUSTICE-SHOP 55 and the safety of the people who live in or visit Chicago. It is not the title or name of the court that we want changed, but the system. Have a judge under a salary, so that he is not inter- ested in the outcome of the litigation sub- mitted to him to such an extent that he would suffer at the loss of a permanent customer unless he extended to him special and unfair favors at the expense of innocent litigants, thus making a travesty of justice. Under the present conditions the justice of the peace needs to advertise his business just as the merchant does his wares, and un- less he will treat his customers as they want him to treat them they will become customers of another justice who will. The income of a justice is the money he receives from liti- gants as costs of their respective suits, and he is, in many cases, equally interested with the plaintiff — his customer. The loss of certain customers would mean the loss of hundreds of dollars annually to the justice, which would not be the case if he were a salaried magistrate. And in most of the cases the justice does not get his fee until he col- lects it from the victim by the force of the execution issued by himself as judge. WANTS JUSTICES ON SALARY Why not put the justice on a salary.^ He has to make his living, and if the community will not pay him a fixed stipend he will make 56 THE BRIEF . money off the people individually, as they fall into his snares. He does not go into politics for fun; he wants to make money while he holds the office, and he is bound to do it. The attorney who so ably championed the justices well knows that very few of them ever made any kind of a living until they got their jobs as justices, and he also knows that they are not elected by the people. They are elected by the judges of the courts of record, who select their choices from the applicants on file. But if the system were better, it would be an inducement for lawyers, and good lawyers, to aspire for such appoint- ments or elections. The records show that most justices, after filing an application for the office, send written petitions to the several judges of the same political faith begging humbly for their sup- port and stating what a large number of votes they have behind them, and so forth. No man engaged in the lower class of po- litical work ever was a good lawyer, and cer- tainly not a good judge, and that is the rank from which the average justice of the peace is picked. COURT SHARES IN PROFITS Often warrants are issued causing the ar- rest and disgrace of people, because the costs of such warrants are clear profit to the justice, and because the justice needs the money. TEE JUSTICE-SHOP 57 If such a justice were under a salary he would subject the applicant for the arrest of peo- ple to critical examinations before depriving men of their liberties. When a person is ar- rested — and in a multitude of cases on some put-up job, to extort money from him — he looks for a bondsman. The constable and the justice's clerk summon a professional bondsman at short notice, who will sign bond for the victim in consideration of what- ever money or valuables he has on his person, which is a booty immediately divided in the justice-shop — and there is hardly any justice- shop in Chicago that could stand searchlight as against this practice. This is usually done in the case of strangers, poor people, and travelers of little influence — and this crime is consummated in some justice-shop or other in every hour of the day. Collection concerns file cases by the hun- dreds, usually small bills, against all classes of people. In many cases when a poor person is sued for some small or unjust claim, and he is inside the exemption limits, he pays no attention to it, but lets it go by default. He does not know that he has to file a schedule of his property with the justice in order to avail himself of the exemption, and the next move is for a constable to carry away his fur- niture and whatever other earthly goods he has. 58 THE BRIEF CONSTABLE ADDS TO EVIL The constable is not on a salary. It would not pay him to inform poor people of their rights of exemption and of the necessity of the schedule. If he should, he would not have a chance to levy and make his com- mission. In thousands of instances, when collection concerns sue, and the defendant appears for trial, they will ask for continuances, and they ask for continuances as often as the de- fendant appears. When he becomes dis- couraged at wasting his time, and probably loses his employment through such persecu- tion, and once fails to appear, the justice enters judgment by default against him. Often such cases are set for a certain day. After service has been made on the defendant the collection "lawyer" instructs the justice- shop to set his case for some later day. The defendant appears and waits a whole day and does not hear his case called. He does not know what to make of it, and the case being too small to justify the engagement of an attorney, he goes home. The next thing he hears is that the constable is there with his execution. The only thing the victim can do is to ap- peal to the courts of record. Appeals are technical and complicated, and in most cases they would involve greater expense than the judgment amounts to. If you complain to THE JUSTICE-SHOP 59 the justice of the fraud he will tell you to appeal. He knows that but a small percent- age will appeal on account of the expense and the necessity of bond and attorneys' fees, which the average victim cannot furuish or afford. SLIGHT CHANCE POR REDRESS In some instances persons sued for small bills go and settle, taking their receipts. They are promised a withdrawal of the suit. Nevertheless, in thousands of cases default judgments are taken in routine order, although in many cases the justice knows of the set- tlement outside of court. If you complain, the justice will tell you to appeal. Soon thereafter the judgment is assigned to some "concern" in that kind of business, and the poor man is again persecuted, by reason of the justice system. The justice-shop of Chicago is the most terrible tribunal in the world. It is capable of doing more harm than any court of record, and that in such a way as not to leave a trace of any injustice for evidence against it. Its personnel and its connections are one clique, always prepared with defenses, with a class of hangers-on, ready and willing to swear to anything for its protection and with the proof of its sinister practices always destroyed. A few days after this article appeared the new law was passed. VIII THE RHOADES CASE JUST then, as a young lawyer, I had the de- Hght of having a case against the leader of these justices of the peace, whose name was Rhoades. All the business I had with him so far was that a Mrs. Cash had complained to me as the "Counselor" that he would not turn over to her certain amounts of money that he had collected from debtors of hers as her justice. I had called that complaint to his attention and he went and settled with Mrs. Cash. Now I represented his wife — a real pay-client. She had every grievance in the code against him. To be short, I sued him as her lawyer for separate maintenance, and to get him out of her house for endangering her life and being a nuisance generally, and for divorce. He was a member of the justices' association, one of the strata or substrata of the many institutions of "barna- cles upon the ship of state" of a big city. It was long known as an organization of bad men. They were banded together for the purpose of helping each other make money and to shield and protect each other from the clutches of the law, if ever they should happen to be overta*ken. Rhoades engaged counsel, of the sort that he knew best — the very dregs of the justice-shop practi- THE RHOADES CASE 61 tioners, such as held themselves out as "shovelers of dirt" in the courts. Rhoades said if I would not drop his wife's case he would ruin me, "would do me dirt," and "would drag his wife's name in the mire." He tried to live up to his threat. He made additional threats: he said he would have me waylaid. That he found impossible. People did waylay in Chicago in those days, and he was one of the chief contractors at such work, as the evidence later disclosed; and it was well known that organizations like his were behind the way layings. But that could only happen to those who walked or lurked in the dark or drank immoderately. I tried to walk in the light, and those of his gang who fol- lowed and shadowed me could not corner me.. Nor was I afraid of physical violence, as I knew every trick of that stratum of men: for had I not a multitude of letters in regard to these criminals from people whom they were blackmailing con- tinuously because in the past, and for consider- ations, they had been in league with them.f^ Nor did I know what fear really is. And to fear is against my religion, too: and these adventures never changed that. The Rhoades case was the sensation of Chicago — and nationally, while it lasted. It gave the judge — a Jew of the pork-eating type who looked it — sitting in judgment over it a lot of publicity; so he saw to it that it remain before the public long, and he succeeded in spreading it out to last months. He hated me, too, for once he overheard me say that one can always 62 THE BRIEF tell a bird of prey from its crooked beak, and he grabbed for his nose. On another occasion — I prosecuted his best friend for crime. There was a third occasion — but the details of that he might deny, and I could not prove them. Now was his chance to get even. Judge Mack's job was elective; and this was cheap advertising; and he posed for the galleries wonderfully. He held night sessions, too, and at such sessions he had all his relatives and wife sitting right and left of him on the bench, making it look more like a com- bination of the personnel of the pawnshop and the frippery than a tribunal of justice. During the pendency of this case complaint was made against me by Rhoades and his friends, before the "special committee of the bar association," asking it to move to disbar me, pleading all that stigmatizing persecution which I sustained at the hands of the Delahuns and those they enlisted, as their reason, alleging that that branded me as immoral and therefore unworthy of remaining a member of the bar. The papers filed with the association, charging "bastardy" and "bigamy," naturally made " deliciously " nasty reading and fine food for the exploitation of "modern journal- ism." In Illinois there seems to be no law against newspapers' discussing private hearings of that sort. In fact those hearings are purposely made " private " in order to enable the committee of the " bar association " to give to the press such misreports as they desire: or white- washed re- ports, if a friend of theirs is " investigated." But against those who " stand in " the most serious THE RHOADES CASE 63 complaint would go right straight to the waste- basket. That is the way organized gentlemen learned in the law do, in Chicago. Even plead- ings of pending cases are discussed in the press: and gentlemen of the shyster class do make capi- tal of that: for the editors do thirst for morbid stuff that is loud, and the shyster does seek the good will of the newspaper: and think of the ad- vertising, and the consequent political chances, too! When shysters want to undo one, that is the way they start; they do something that will enable the newspapers to print scandal with impunity. Every newspaper wants at least two sensations every day; and if they get the least color of encouragement and legality they will find matter for blood-curdling food for the minds of the lower classes, the returns of which will fill their coffers; and at the same time the lust of the enemy is satisfied and his case strengthened — free of charge. I declined to talk for publication: first, because there were so many things to say that I had not time for them; and second, because I did not think the newspapers to be the proper courts to try cases in; whilst Rhoades and his friends went to every editor in town with files of manuscript all ready for printing — Rhoades shedding tears and complaining that his wife was in love with me and that I wanted to divorce him in order to marry her! He was one of those short, fat, crimson-faced, baldheaded gentlemen with a fringe of red at the neck who could shed tears at will — and now he wanted sympathy — and what is more valuable sympathy than that 64 THE BRIEF of the press, and where is an easier way to obtain it than by going to each editor with a band of justice-shop lawyers weepingly, asserting that one's home is being broken up by a man with such "evidences" against him! I stuck to the issue. My personal griefs were deep, mute, not for the press, and too sacred for such cattle to comprehend. Nor did I seek sympathy. Nor did the newspapers offer sympathy — they sought sensation, blood-curdling and red-hot. In order to make my fall the heavier the news- papers announced that I was the greatest lin- guist, the most prominent lawyer, of royal blood, with a string of degrees of learning, a social lion, and all that, to contrast with what they now resolved me to be known as — that monster who would break up a home — and they padded that with the story of the litigations through that nasty gang I fell in with in Pittsburg from which I was trying to emerge, which operated just as lying down with unwashed dogs ren- ders one inflicted with fleas hard to rid. The papers exaggerated even that, to make a foundation for the new scandal. Then the bar association, too, put in some perversions of its own, for the sake of additional packing: it said that I had advertised legal advice free and charged when people came to me, which it knew to be false. I was marked for slaughter because the people could get free advice in my column, and because they saw in me a promising man and a power for good. What good I had tried to do was not even thought of now. They had to THE RHOADES CASE 65 crush me before I grew. Newspapermen hinted for blackmail, in consideration of which they would let up; two managing editors actually asked me for it, in vain. If people only knew what an ordinary, irrespon- sible class makes up the staff of the average newspaper! What few clients I now had could not help reading those inevitable misreports. A young lawyer who starts out as I did usually gets the poorer class of clients anyway, and of those not always the most desirable. When they read the falsehoods furnished to the press by the myrmidons of the justice-shop system, of the counsel of Rhoades, and of the bar association, the first thing they did was go and ask the secretary of the bar association what he thought about it: for the newspapers announced that it was this gang that was hounding me. One Fogle was its secretary and official myrmidon. He advised people to demand their retainers back if they paid any, and if they failed to get them back to come and complain to him, and he would champion them. He assured them that I was doomed for disbarment. He offered other inducements to criminals who would put their signatures to things he would typewrite. At this rate, proud that I was, and not desirous to rep- resent clients against their wishes, I soon became almost penniless. Some of these poor clients, heretofore humble and respectful, now came in boldly and insolently: and almost all were less respectful now. Some of them had such papers 66 THE BRIEF with me as affected their respective cases. Others were poor people who had not any money — but when the bar association had told them they had "better get them back," after having read all those stories, they naturally demanded back whatever they could get — retainers, papers, anything. I returned every cent of retainer and every file. In some cases I had done a great amount of work and spent some money and received not a cent as yet, but they were welcome to all that. Many clients had implicit con- fidence in me, however: and I shall ever remain thankful to them, for without those few touches of kindness my plight would have been entirely unendurable. A man named Baude had no case at all. The agents of the bar association had sent him to retain me for a "case." He paid some on account. When I found he had no such case I returned his $25 and took his receipt and ordered him out. The court in its printed "re- port" uses the name of this man as having been ordered out of my oflfice at the point of a revolver. The revolver part is false: and it is remarkable that the "opinion" fails to state that I returned his money first. A Mrs. Baker had troubles with her husband. They were suing each other. I guaranteed some small bills for her — she was a small client, there were not many much bigger. In fact, all sorts were welcome so long as their causes seemed just. Beginners seldom get big people or big cases. She owed me some sixty- odd dollars. The court costs alone were to be over ten dollars; then there had to be the sheriff. THE RHOADES CASE 67 a stenographer, and some legal advertising to pay for. She had asked for leave to pay a few dollars every month, a petition of hers to be filed when my office was paid in full. By now she had paid up some forty-six dollars and had not shown up for several months. I did not know that she had now gone back to her husband and lived with him. She went to the bar association, for she had heard that clients were getting back their retainers at the instigation of the bar asso- ciation. She told their secretary that she had engaged my office months ago, had made pay- ments on account, had gone back to her husband, and that she wanted to know her rights. Secre- tary Fogle told her in routine manner to demand the return of her payments. She came up and said that a certain lawyer, whose name she did not desire to mention, told her that if she would let him get a divorce for her he would marry her; and so she would like me to return her payments on account. I did not think competition was quite so bad. She came up a number of times, every time with a different subterfuge. By now I had spent a lot of money and had sold sets of books in order to be able to cope with the de- mands to return those small retainers, many of which had been more than earned long ago. The papers hooted at me day by day. To this person I would not have returned a cent if I had had a million. No one was entitled to a cent back. The Court, in its published "finding," was equally unjust in printing this name in that in- decent and untruthful manner. 68 THE BRIEF Complications were continuously planned by the justices' association, the bar association, and counsel for Rhoades, "morally" supported by Delahun and the press. My enemies knew that Bethea hated me. They knew that when post- office "inspectors" once become interested in hounding one, they could always be again enlisted; for they want to be conspicuous and to finish a job. I was a job. They want to make a pretense at doing something. They want to be mentioned in the papers; they have their ambi- tions. They want the good- will and influence of the bigger men in politics, for even judges and other public officials were always on their knees to gain their favor. The bar association was useful before election to those whose candidacies it indorsed in the papers. Bethea felt his impor- tance greatly. Politics was his means of liveli- hood. I had called him a scoundrel and a liar in open court. He remembered how he had put the Government to great expense and yet could not "land" me. It was figured out by this low lot that if they could just get up something that would give him a color of a chance at me, Bethea would do his worst : and that would not cost a cent, for the Government pays for it. When we fight in the trenches we know this, that we fight men who serve their country, and it is a fair, face-to-face, grapple to the death: but when we fight corruption, or worse still, corruption backed by big interests and supported by officials on the Government's payroll, we fight not patriots but enemies of their own and every civilization: TEE RHOADES CASE 69 anarchists who enjoy citizen's privileges unduly, snakes in the grass who, like skunks, will stigma- tize us by the contact whether we are wrong or right. I lived, in the summer of 1905, in a suburb called Chicago Lawn. That is where Rhoades lived. When I was called into the case of his wife against him, and when, to retaliate, he began to organize his forces, and got his "complaint" against me before the bar association by proxy, for the purpose of throwing all the obstruction possible in my way as counsel for his wife, he circulated such stories as were best calcu- lated to serve his purposes among the com- mon gossips of such an ignorant community. Every one added a little to everything he and she heard, until the atmosphere was dark with the most incredible tales about me. Per- haps luckily, I did not know everything that was going on, for I went to my office early and returned around midnight. Some of these peo- ple who had been gossiping were really too com- mon to be noticed. But I was sensitive. I had already suffered more than my share. Anon I learned from experience, too, that it is these irresponsible bipeds that make and unmake reputations; for the nicer people do not slander, do not libel, do not patch up tales and invent lies, and do not hire themselves out for petty favors to gossip for the purpose of blackening up a name. I called up the editress of the subur- ban paper, and she answered that her lawyer and preacher both told her that it was proper to 70 THE BRIEF say and print anything about a divorced man; and she beheved wifeless men ought to be in prison! These poor wretches were so common that it was a social distinction for them to be recognized by even such as Rhoades — for the justice of the peace passed for a great man among the natives, almost as much so as the saloon-keeper. It was a ^ocial rise to them and a chance at revenge; for now they were acting against the interests of the wife of this justice, who was not of the sort that would associate with them. TVTien the lot I heard seemed unbearable, I wrote some of them letters saying that if they did not stop that sort of gossip I would have the law after them. I cited what had come to my attention. Rhoades himself had known all about me. Since then I learned that the tale-bearers who brought "stories" to me were a part of his plot. Anyway, I had written. That is just what was wanted — letters from me. There were now fresh envelopes in which letters had come from me, and the envelopes were post- marked. Now, to put up a job, all they had to do was make letters to fit those envelopes and there was work to give to United States Attorney Bethea. Here was another case against me. "Now I have got him down," said Bethea, "and he has not got any friends. I have got him." This in my presence and hearing, and in the name of the country! Moreover, there was an iron cage in the corner of a room in which defendants were held temporarily. He invited Rhoades and his THE RHOADES CASE 71 friends to stand in front of that cage and watch for me to be imprisoned in it. To the great dismay of Mr. Rhoades, he saw his own wife and mother-in-law among those who offered bail for me. Bethea would not accept them and insisted that the marshal cage me. Marshal Ames was in politics, true, but a gentleman: he went to see Judge Kohlsaat, who said that one property holder's bond is as good as the other's — and that if I preferred these people's bond it had to be accepted. But by now, after Mr. Bethea did his very, very best, it was impossible to get an indictment. His witnesses were too well known to be trash. They were not from far enough away, as was Delahun. Months later, and to his credit be it said, Bethea took an interest in the matter, and he sent me word by one of his assistants that he believed I was the most perse- cuted man that ever lived. That ended his relations with me. The next case he took up was the prosecution of the Standard Oil Company, which later culminated in the twenty-nine million dollar fine fiasco. A few months later he was himself appointed a United States judge, and his law-partner became the prosecutor. These forged Chicago Lawn letters were also used as evidence of "bad character" against me before the bar association, and are referred to in the "finding" secured hy fraud, default and collusion of the Supreme Court which soon fol- lowed, saying that it was not becoming a lawyer to write them. There are details in connection with every item herein that themselves would 72 THE BRIEF fill a book; but attempt is made to state the facts and their connections with each other very briefly. While all this was on, the suburban editress wrote me, asking sardonically whether I intended to spend the next summer at the Lawn. I returned the letter, indorsed, stating that I might if I decided to spend another season in a com- munity of cattle. This letter was also offered by the bar association as evidence of bad char- acter ! IX THE CATTLE OF CHICAGO LAWN I SPENT one summer in that suburb because that was within my means, still within rapid transit distance from my office, and because I was not familiar enough with its population in the beginning. Here is an extract from my diary depicting its social life: "There was not much formality at the Lawn Club dances. We had gentlemen with business coats and low vests, gentlemen in dress suits and red scarfs, gentlemen in long frock-coats and soft shirts, minus neckties and cuffs; we had gentlemen in blue shirts and short trousers and suspenders; gentle- men in white stiff shirts, with fancy buttons in the front buttonholes of the neckbands, but no collars or vests or coats on; we had gentlemen in boots and overalls; and we had some dancing in the garbs of their honest toil, which varied from janitorial and like occupations to the professions. There was Alderman Butterwoth in his inevitable red shirt, his wife's make, to match her hair, and Louis Reinhard in the long coat which his new wife had bought for him when she gave up her job in the laundry and married 74 THE BRIEF him, of which fact neither the husband nor the wife ever failed to inform new acquaint- ances nor to oft repeat lest it be forgot. . . . "There was a men's room at the club. This room contained ten chairs and some forty cuspidors. The cuspidors, it was often lamented by the members, had been matter of useless expenditure, for the men acted just as they would at home! All would try, it seemed, to emulate each other in the volume of expectorating, and in the telling of stories for men only. In my family no tobacco was ever used. I never saw anything quite like this. I could not bear the atmosphere, and the men — without any hint of impropriety, however — decided that I preferred the company of the ladies." When it was about time for the atmosphere to be fully poisoned, the politicians in charge of the bar association deemed it proper to file dis- barment proceedings in the Supreme Court. The case was drawn in the name of the state's attor- ney of the county, who, being a politician, allowed the association to do anything in his name, if indeed he was not proud to be noticed by them; for they will reciprocate by indorsement for future elections. He preferred not to know the facts. Up to now, and for a long time, the bar association only tortured me by the false- hoods they gave out to the press. My health was beginning to fail, for in addition to all this, the enforced economies had begun to make their THE CATTLE OF CHICAGO LAWN 75 ravages. I did engage an older lawyer, but the only connection he had with it was to accept a retainer of a hundred dollars. He visited one of the hearings as a spectator, like other lawyers did. That is all. He could have been useful; he could have saved me from many indignities. A defendant without a lawyer is treated with contempt anyway; and in this case, nothing used to please that mob better than to have me alone all to themselves. This Mr. Elliott later made the explanation that the association had pestered and bothered him and put up jobs on him until he joined it; and that he simply could not afford to antagonize them. I wished he had returned my retainer, if that is the kind of lawyer he was. He was then start- ing out his two sons, also to be lawyers — such as he was. It was not until about now that I learned that my work as the "Counselor" was not favored by the bar association. I had no one to consult. I was robbed and damaged. It was a job and a means of becoming known and being occupied. I was useful. Lawyers seemed to resent that people could find legal advice free. That explains their ready compliance with the request to hound me, when I already had other enemies to help them and a colorable file of previous troubles. But they did not have the decency to tell me their true reason or purpose. They never have. The only lawyers who might have had any personal grievances against me were such as I made return moneys they obtained by cheating and 76 THE BRIEF robbing poor clients who came to my attention as the "Counselor." These shysters certainly did fear me: and there were some more that I was preparing for, whose clients had complained. Many of them knew how much I had done toward making shysters be more or less decent : and many of them knew that they might soon be due to hear from me, when I got to them. And yet, the only suffering I ever inflicted was to get them to give up moneys they misappropriated, to those to whom they belonged, less a reasonable fee. And since that time, especially during my casual con- nections with the office of the attorney -general of the United States in anti-trust cases, I had occa- sion to find that these members of the "grievance committee" that had doomed me years before, these leaders of the bar, are actually marked and numbered in that department among the biggest crooks of the country! And yet, as "leaders" of the Chicago bar, they almost pass for respect- able; they certainly were a great influence in my day: and all that weight was concentrated to crush — me ! In order that honest people might fathom the large amount of evil organized shyster practice can commit, just think of the do- ings of one crooked lawyer you have known — ■ and, mentally, multiply it, and back it up with other people's money, left to them to spend as they please — and give them the power to control, if not terrorize, the courts! They try to control courts by every means human nature can devise, varied only to suit local and present conditions: but one thing is general: all the judges of the THE CATTLE OF CHICAGO LAWN 77 State are made honorary members of such associations. The Supreme Court referred the petition to disbar to a pestiferous Kttle poHtician named Rush, "master in chancery," to be heard and reported by him. In order that people who did not attend the many sessions may understand the proceeding, they must take the word "mob" Hterally. I was treated as by a mob; assaults, leers, sneers, snubs — • there was nothing in the shape of an indignity that I was not subjected to by these lawyers of dirty shirt and frayed garment. The "master" fell into the spirit of the thing and became a part of the mob. It was all I could do to pay the stenographer's costs, for I depended on my earnings, and earn- ing was now impossible. The newspapers saw to that. I desired to perpetuate my evidence and to keep a copy of it, although I had doubts as to the ultimate justice I would receive, because my means were limited, my health failing, trick- eries many and too boldly ostensible — whilst I was alone there, without even a witness that was not a member of the mob. Under the circumstances it was impossible to earn even my office expenses. Indeed people whom I had befriended, people who usually make the best of friends, seemed to avoid me. Those who did not believe or suspect — wondered. People are not any too grateful, anyway, when they seem not to see chances of additional favor. And but for a few sympathizers as well might I have been a leper for the way I seemed to be shunned. 78 TEE BRIEF Rush would have such disorders in his place as to break up hearings suddenly. This pro- longed the duration of the case, gave the papers occasion for additional sensation, and gave him and his friends additional opportunity to give the press malicious misreports that were offensive and humiliating to me and advertising for them- selves. For instance: once this master, Rush, told the reporters that I was confronted in his "court" by a number of women, each of whom identified me as her husband. The lie was printed. The master denied being the author of it. The reporters swore he was — and so on with other such reports from time to time. That is one of the many ways shysters and politicians advertise themselves, drag down their victims, and at the same time secure the friendship of a filthy press, useful for future favor, and the gratitude of the — bar association! Master Rush did not always act like a vulture. He had occasional normal moments or lucid intervals apparently : or his normal moments may have been prompted by interests, as were the apparently abnormal. Anyway he sometimes told me his troubles; he gave me some of his confidences, although I suspected that he hoped that I would begin to confide with him if I had anything to confide. I really had nothing, nor would I have trusted him if I had. I recalled the treachery of the United States office holders, and was afraid to talk much with him: for I feared he might swear I said something I did not say. Once he came and explained that the law THE CATTLE OF CHICAGO LAWN 79 allowed him a fee at so much a hundred words taken by the stenographers before him, and that I would have to furnish a bond securing his fee, of about $20 per hour, or pay from time to time in advance, or I was not entitled to de- fend, and I should be disbarred as by default. Whilst such an approach ought to be shocking to the average man, but very few things would have shocked me; and I pleaded my financial condition to him and offered him my promissory notes. He said he did not want the notes, and that some day I could make shorthand reports for him in his law practice and give him receipted bills, and he would get what amounts would be due me from his clients and keep them. Any- thing was reasonable to me as long as it indicated the possibility of my getting justice, if there was any to get, or at least of getting in my evidence. Nor did he quite seem to believe that I was "broke." I lived a proud life, did not talk troubles, or ask favors, did not make debts, paid all bills promptly and tried to be respectable in my attire — a perfect symptom of riches to the superficial observer. There was an understanding between the master in chancery, the bar association, the justices' association, and Mack — the man who sat in judgment on the Rhoades case — that the master and Mack hear the Rhoades case and the disbarment case alternately in installments, al- lowing the injection of the evidence belonging to each case into the other, for that insured better advertisement for all of them, more noto- 80 THE BRIEF riety and trouble for me, and a prolongation of these suits which just then were the paramount topics in the press. By now I resigned as the "Counselor," for it was a losing job financially, anyway, and I could not bear to see the accumu- lation of the mail to be answered. I answered all the inquiries still due by mail, and a great deal that was forwarded to me for years after- ward. After that the paper I had so served printed in the same vein as the others, and printed those falsehoods about me in large red type. It printed "interviews" with me that never hap- pened, and some of them years after I had dis- barred Chicago from my life for its ingratitude! X THE TESTIMONY IN the Rhoades case the wife proved a pitiful state of cruelty, violence, abuse, nonsupport, general neglect, and criminal intimacy with women of his own type. It was all clearly proven by the testimony of his best friends and his own ten-year-old boy. He had played the innocent husband before the public so far. Now his only salvation was to show, if he could, that the wife was as bad as he was — a plea of re- crimination. He collected his friends in Chicago Lawn, whose testimony was to the effect that they had seen Mrs. Rhoades and her mother talk with me on my way to and from the depot while I lived in the Lawn the preceding summer, and that they had heard from Mr. Rhoades that I was bad morally. This was to show me of bad reputation; the idea being to show that she, too, had been in bad society. This was to live up to the legal definition of "reputation" — what people say about you — and Rhoades was "the people," who told his friends, the people. It would be nonsense to try to figure that out for an equivalent to his being found by his old friends who testified with his "Helene" and others behind locked doors, or to his correspondences with such women, unfit to quote here. 8£ TEE BRIEF Then a Miss Frazier, step-daughter of a good woman in whose house I hved, testified that Mrs. Rhoades and her mother had been at my residence to consult me, and while there Mrs. Rhoades played the piano and sang, and that she suspected the ladies came not to consult me but to visit me because they liked me. Nellie Frazier brought a tittering cousin along, whom she assured would get her picture in the paper for corrobo- rating her! Nellie left the stand saying: "I am for Judge Rhoades!" She was an unfortunate, one-eyed girl, whose mother took the stand later and testified that she was very low mentally, easy to impose on; that not long ago she had run away with a boy many years her junior; and that Mr. Rhoades had promised her fifty dollars for testifying what she was taught to say and she in turn had promised to buy her father a suit of clothes with the money. Her father was a bankrupt druggist and worked in the postal service. Rhoades and his lawyers summoned every one who ever saw me with his wife — ■ who, by the way, never went anywhere without her mother. For months before I filed the Rhoades suit I delayed the matter, in the hope of satisfactory arrangements in the family, and so complaints at my ofiice and negotiations with the members of the family prolonged an acquain- tance before this. Nellie Frazier never got the fifty dollars. Another such witness was Kennedy, a night watchman from the Morrison Hotel. He was brought in to say that Mrs. Black and Mrs. THE TESTIMONY 83 Rhoades had been evicted from that place for drinking, and that I had something to do with the case. I was then and have for years before been a daily guest of the restaurant of that place, called the Boston Oyster House. I have had these ladies with me there. The hotel used to send me Christmas presents, as perhaps they did to other patrons: and I received one from it within a short time of this hearing. These women never touched a drop of liquor and neither did I. On cross-examination the wit- ness admitted that some two years before — and long before I had known the Rhoades family — two women from Iowa were insulted in that hotel by the proprietor and that their husbands telegraphed me to get a written apology from the hotel or sue it. I got the apology. On cross-examination I brought out the names of the women, the date of the incident, and cited the proprietor, who produced the register of the hotel, which I still retain, to nail the lie. Then Kennedy explained that it was so long ago that he was all mixed up on it; and also that he was promised $25 for testifying as he did; which, by the way, he never got. The judge listened with all the delight of a villain to such perjury, overlooked the wrongs, and never held one of the crooks for the crime. And when I would ask a question to which he knew the response would be favorable to my client he would screech — with that voice like a whistle — "Objection sustained!" although there was no objection. He was there to hear 84 THE BRIEF one side only; and to have heard two sides seemed inconsistent with the pohcy to which he was pledged. A laundry man named Israel Louis, who belonged to the same lodge with Judge Mack, testified that he had seen Mrs. Rhoades with her mother at my residence, and that is all. There was no use of cross-examining him much, except that I asked him whether or not once, since this case was pending, at the instigation of Rhoades, he and a Mrs. Decker, his friend whose husband was away, contrived together to lock the door of my room from the outside when Mrs. Rhoades and her mother were inside with me, which he admitted. The newspapers just gloated with a perversion of this incident. On the evening of that same day at least one yellow paper had it in red letters, and the others in large type, that I had written this man a special de- livery letter threatening his life if he came to testify and that is why he did not say more. Next morning I summoned the washman. He stated that he did say to Rhoades that he was asked by letter not to testify, but that he did not get any letter: and he did not speak of any threats. The fact was, he said, he did not want to be a witness. Rhoades promised him a sum in consideration of saying certain things which were not true. Rhoades, however, would not pay for the perjury in advance; and so, when summoned, Louis did not testify as agreed. But he knew Rhoades's profession, the crowd he belonged to, and feared him, so he made up THE TESTIMONY 85 an excuse that he was asked by letter not to be a witness: and by the time Rhoades carried it to his lawyers and fellow-justices and to the newspapermen — the "reporters" of the yellow actually drafted a letter, signed my name, turned it in to the editor, and saw it printed. Perhaps the editor did it all. The judge could not be very hard on a brother of his lodge, so he just made Louis sit an hour in his chambers — for failing to lie about me in connection with Mrs. Rhoades as he had originally agreed with her "judicial" husband. This man Mack has since, by the fortunes of politics, been promoted to other public places and is still on the pay-roll. A Miss Cross, who testified she worked for a justice of the peace, said that Mr. Rhoades hired her to "shadow" Mrs. Rhoades and her mother; that the office in which she worked was in the house adjoining the ofiice building in which my office was; and that she saw on certain dates Mrs. Rhoades kiss me, in the presence of her mother. She said she was reading these facts from a diary which she held before her. This was about the most serious testimony against Mrs. Rhoades, although no man was ever kissed by a better woman. But it was not true. On cross-examination I asked the witness why she looked at the notebook while she testified, to which she replied that she was looking at the entries she had made at the various times in shorthand. I took the book from her hand, and there in short- hand were written the personal descriptions of Mrs. Rhoades and her mother, and of the clothes, 86 THE BRIEF coats, and hats they were wearing, and nothing about kisses. Out of the "diary" two cards fell on the floor bearing the same data in the writing of Mr. Rhoades. In order to divert my attention Mr. Greenacre, a scorbutic gentleman in cellu- loid collar and slippers, one of the counsel for Rhoades, objected to my coming too close to the lady. I assured the court I would not touch this lady. When Miss Cross heard me read her shorthand notes aloud in court she "fainted." The judge accused me of being too strenuous in my cross-examination. He was abusive because facts were brought out in favor of my client. The woman was coached to faint in case she were cornered, and she obeyed. As the lawyers led her by the arms tenderly away from the stand she opened a bag and handed her photograph to a newspaperman, who saw that it was in the papers next day. When she "came to" I made her resume the stand for further cross-examination, when she admitted that to see into my office from where she "worked" was impossible, that she had been at some cheap places of entertain- ment with Rhoades and his lawyers, that Rhoades and his friends had given her money, that her employer, a justice of the peace and friend of Rhoades, told her to be as helpful as she could to Mr. Rhoades in the case, for that would help the cause of the justices' association to defeat the bill pending in the Senate to put them out of business. She also admitted that she spent such moneys as these people had given her in com- pany with another Bohemian woman, who also THE TESTIMONY 87 agreed to help her in this "work" and to testify as instructed, tending to make out Mrs. Rhoades as bad as her husband was shown, in order to defeat her suit. At a certain signal from Rhoades or his brother or one of his crowd, or from a female " heart-story " writer for a yellow paper who was with them, the gang would issue a forced horse- laugh. When this became too great a nuisance, and useless to ask for decency, I told Mack, at last, that if he had a grain of decency he would put a stop to it. Then he told the " heart-story lady " to please desist! When "Justice" Rhoades, the defendant, took the stand he shed tears masterfully and said to the judge, fearfully, that before he testified I should be searched for a revolver in my clothes with which I intended to shoot him. This was for dramatic effect. He and his friends had long been shadowing and annoying me in the streets and in my office, and hounding me generally; and as I displayed no signs of fear, maybe he felt sure I had a revolver — and to carry one was against the law; to bring one into court, more so. He hoped, and so did his colleagues, that I would be fined there and then. What a wonderful effect that would have had in the papers! Of course I said I did not have any revolver, and that ended that spectacle. Between sessions Mack would send for Mrs. Rhoades to see him in his chambers, alone. She invariably came with her mother. At these interviews he would promise her all sorts of favors, if she would only dismiss me and get a 88 THE BRIEF lawyer he would give her, free of charge. At other times he would threaten to take the boy from her if she would not look for another lawyer. He resented that she did not come without her mother. The reasons were plain: Mrs. Rhoades was respectable; and, also, she wanted a witness — her almost constant companion and mother. Invariably he would tell the women to keep from me the information that they had seen him! They reported everything to me, except the fact that they posed to the newspaper photog- raphers in spite of my instructions not to. The pictures would come out, but to the last the women would stick to the story that they did not know how those pictures were made; and they instructed even the boy, who was photographed with them — who must now be quite a man, somewhere — to stick to that story. This is the only thing I regret in my relations with them. I suppose they saw a lying press and thought they would mollify its venom and indecency by yielding, contrary to my advice. Anyway, every one begged them to deceive me. The enemy knew the chief trick whereby to defeat an adver- sary — by making trouble in the opposite camp. Feminine vanity, too, I suppose, had a great deal to do with it. It was one life's chance to see their pictures in the papers daily, for months. Still, I have seen men — as vain. During the hearings the court room was usually crowded with spectators, and officers kept hun- dreds out for lack of standing room. The lowest of the dregs of humanity, limited THE TESTIMONY 89 in number only by the means of Rhoades and the fund he collected from his fellows, were enlisted to help drag the reputation of his wife down by trying to show, first, that she was as bad as he was, and second that her associations with me were as bad as his with the women with which the overwhelming undisputed evidence indicted him. It all was confuted by few but respectable witnesses, among them Dr. Alexander Proudfoot, Mr. W. F. Nehf, and Colonel Frank Marsh, whose testimonies were emphatic and unanimous. Sheer gratitude prompts me to quote at least one of them. Mr. Nehf said: "I own a lot of property in Chicago Lawn. All this array of human cattle from that town are beneath trash. Chicago Lawn is the cheapest. community I ever knew. I have known Mrs. Rhoades and her mother for years. Their law- yer's office is in the same building as mine. I know all three well: and whoever says a word against the character of any of them is a liar and beneath contempt." Mr. Nehf was excused without cross-exami- nation. XI TEE CHANCERY CROOK I WAS thrown alternately before Rush the master and Mack the judge. Nothing that was tolerable with Mr. Rush was permanent. No agreement was permanent. Also, there had been neither brawl nor challenge to fisticuffs for some time, and the monotony had to be broken again. So, during the proceeding of a hearing, the master, without any present provocation, called me a common debt-beat. I never owed any one a cent beyond about the tenth of the following month. I never had a collector in my place. I paid all bills by mail, by check. He said I owed him a master's fee, and that I ought to pay it. I reminded him of his agreement with me. I added, to be frank with him, that I did not think it was good practice, in the first place, nor is it written anywhere that it is just, that they should trump up a job like this on one at one's expense and then subject one to indignities just because one has not money left to pay at the rate of twenty- five cents a hundred words taken before him in shorthand, besides paying at that same rate for the transcript of the brawls of himself and his friends; but that I was willing to do what I could, and that I thought the agreement he had sug- gested, which I accepted for the sake of peace, THE CHANCERY CROOK 91 was conclusive. The like conversation, differ- ing only in degrees of violence and abusiveness, was matter of frequent occurrence. It usually concluded with a condescension on his part to stand by the agreement. When he had nothing else to fight about he resented the fact that I kept a copy of the proceedings: he thought one copy ought to be enough — his copy. I told him that I wanted that copy, paid for it, and was entitled to it. It was hard to conclude anything with him. He said that if I paid him the money I paid the stenographer it would be that much less to his credit against me. I wanted a copy of the proceedings — and I have it. He was not an insane person; nor was any one in that group. They were simply unhanged villains. After these disorders motions would be made to the Supreme Court asking it to fine me because I insulted the master. The Supreme Court would order me to go to Springfield and listen to its reprimands and abuses: once it fined me fifty dollars. No matter what I pleaded, they never read my answers, and usually, after they ordered me to go to Springfield they refused to listen to me. They put me to that waste of time and expense for the fun of the persecution. The master's report was law to them. Maybe that is a good rule, but then there should have been an honest master: and the Supreme Court well knew what was going on. There were many licentiates at law on the side of the prosecution. I was alone. They all seemed to sit up nights wondering and thinking 92 THE BRIEF out new schemes, new tricks, new indignities, and new troubles — for me. New things did happen. New forms of Kes told to the papers; or my office would be broken into in the hope of stealing documents. Always it was something unexpected. Besides looking out for my inter- ests, I had to watch out for some such surprises. They followed and hounded people who entered my office. They sent indecent anonymous letters to my friends. A Mr. and Mrs. Field, after leaving my office, were surprised by a bottle of vitriol being poured over them. It burned their clothes and their hands. The faces escaped, fortunately. Then the newspapers reported that Mrs. Field was an admirer of mine and a jealous rival poured vitriol over her — and the papers hooted. The residence telephone would ring doz- ens of times an hour all night long to break up my rest and render me obnoxious where I lived, calls alternating from requests of females to meet them to male voices insolently resenting the "mak- ing of appointments with their wives," until we got in the habit of muffling the bell. It does seem a shame that females or their names should always be used by specialists in the business of blackmail and the wrecking of reputations! I might as well have been attainted for all the pro- tection the law gave me. I was doomed. Every line of all the testimony was in my favor. The master had a copy of all the evidence pre- sented. I had documents which proved practi- cally every day of my life — even old passports which were issued for traveling in foreign countries. THE CHANCERY CROOK 93 These were read and copied in evidence. The master resented that I would not let him keep these papers. That was one of the recent sur- prises. He demanded that I leave with him my documents as security for his costs as master in chancery. I would have parted with my life before I would have trusted him with one piece of that paper, and I indicated that sentiment; but I did give him copies of everything. Then he made his demands stronger. There was more disorder. I could not afford to pay any more fines, so I did not reply to him. His fellows leered, jeered, and scowled. Then he amended the order by demanding also my copy of the tran- script of the evidence I had submitted in defense. He already had a copy of it for his use. It was all of no avail. I packed my papers and left. Later he again sent me written notices to appear before him for continuation of the hearing next day, that I there and then pay him some hundreds of dollars for master's fee, that I surrender to him my copy of the evidence, together with all my documents. I had gone to his place too often; now I would not go again. In vain did I ask the Supreme Court for another master. They scowled at me. Then again, and at the same time, as a counter-motion to my petition for another master, this master made motion to the Supreme Court to fine me for contempt, for failing to obey his latest orders — to sur- render my papers, to pay him for acting as master, to appear before him for further hear- ings, and all. 94 THE BRIEF The justices' and constables' fund was con- siderable. These desperate barnacles did all they could to annoy me on all sides. They would file suits in the names of fictitious parties or of each other in their several "courts," all to be heard at the same date and hour, well knowing that at such times I was to be either before Mack or Rush. The "suits" would be so many and at such distances apart, and I had my hands so full with so many things, that it was impossible to attend to them. They would enter judgments by default, as of course: their myrmidons, the constables, would then come to levy. At first I would pay the judgments, it seeming the cheap- est way out and there being no other way. But later the "judgments" became so many that I sent notices by registered mail, reciting my objections to the fraud and notifying them that any constable that would attempt to levy upon such fake judgments would be treated as a rob- ber should be. I won the case of Mrs. Rhoades: the justice had to get out and keep out of her house and pay alimony. Rhoades got all this money to spend because he succeeded in making his friends believe that if I was undone, so was every cause I was in- terested in, and then the status quo of the justice- shop system would be safe. It is wonderful how much money can be raised that way in a hurry, before people have time to think: but the pending bill meant everything to the justice- shop system and its kin chain of votaries and parasites. And even that fund had its vam- THE CHANCERY CROOK 95 pires. Cheap lawyers hired themselves out to serve these interests at five and ten dollars a day, and obeyed like lackeys. State's Attorney Deneen, who later became governor, said that jurors and witnesses could be bought at fifty cents per case in Chicago. There were "lawyers" of that stamp galore, and all that would serve were enlisted here and now. These lawyers usually lived entirely on the victims and system of the justice-shop. Nay, Ogden, the lawyer I had dismissed for offering to sell out to Dela- hun, now offered his services to the bar association and the justices both. He was offered $10 as a witness if he had anything that would help them. He had nothing as a witness; he wanted to act as lawyer, for that would advertise him.. There being too many lawyers now, and every- thing being fixed as they wanted it, his applica- tion was merely filed. But one of the justices rendered a fake judgment against me in his favor. Then his partner called me up and said that if I shoot and kill any scoundrel who tries to levy on that judgment he would stand by, and vindicate me! Some time later Ogden stopped his buggy to say that if I would give him a hundred dollars he would cancel the judg- ment, give me $100 worth of stock in the Na- tional Home Buyers' Union, a corporation organ- ized to rob people of their savings lawfully: and also throw in a diploma from the law- school which he conducted making me a doctor of laws. I told him — where to go. That judgment was not paid. 96 THE BRIEF The first evidence submitted before Rush was a copy of that fraudulently obtained default divorce decree of Pittsburg in which the exist- ence of a previous wife had been alleged. I met this by showing certified copies of the records of the New York City registry of marriages, where it was pretended I had been married, showing that the registry is forty years old, and that no one of my name married in New York in those forty years. I was now a gray-headed man of twenty-seven. I also produced Mr. Berthold Starke, engraver and cousin of Miss Starke, who testified that his said cousin was married in 1892 (when I was a schoolboy in Belgium), that she had ten children, and that she was now living in Philadelphia with the only man she ever married. Then the myrmidons introduced the certified copy of that "paternity" case of the Newburg woman whom Delahun had financed to come and sue, and who got her money and went back to her paramour. To this I produced letters from this same woman addressed to her friends, showing that she was still in a bawdy house. Then Dr. Putney, now dean of a law school and author of many law books, took the stand, and in his testimony, which covered several interrupted sessions, explained the manner in which counsel for the "State" cheated us out of the defense, that the trial was not fair, and that there was every evidence to clear me had I had a fair, honest, and decent trial. Then he was shown the postals which Delahun had written to him- TEE CHANCERY CROOK 97 self in my name; and Dr. Putney said that he had known my writing for years and that those postals were not written by me, nor the letters which were made up to match the envelopes that I had addressed to the gossips of Chicago Lawn. There were many other people who knew my writing and testified that those papers were forgeries. Nothing remained now for the bar assassination but to make the best they could of — nothing. It was not really the association that acted. It let these shysters do the work. It was not necessary for it to act. The outcome was all fixed. It usually is, when organized shysters act, under a bar association charter. In many States these organized barnacles secured legislation to au- thorize the judges to direct the treasurers of the counties to pay fees — for such dirty work ! They presented the file of the divorce which I obtained, claiming that I obtained it irregularly, although no one claimed to be a loser by that decree because the folk in Pittsburg were appar- ently glad to get rid of me. Now they quibbled on the words "lived and cohabited," which were printed in the official two-cent form, which I had not erased. It was on the record of the stenographer's transcript on file and present that I explained to the court that in spite of that printed form the facts are just a desertion of two years and more ago and there was no "living and cohabitation." Mack of the Superior Court had told my enemies in advance that in the Rhoades case 98 THE BRIEF he was going to have to allow separate main- tenance and permanent eviction of the husband from the wife's home because the evidence was strong: hut, that he would prolong the case as much as he could, would make it as hard for me as he could, and would treat me in such manner that I would have to go to ruin by the sheer weight of his persecutions. The hearings in both cases was mere matter of form. Results were prearranged. What took place in court was only for the galleries and its effect upon me and upon the public measures I was interested in for the general good. Mack took the weight of his office with him to Spring- field to lobby the Supreme Court and tell the judges that I ought to be disbarred. His nefa- rious doing in Chicago was not enough. Nor did any one ask why Mack should be so willingly active against me, or what I knew about him! (He would lie me out of a few things I would like to say: so I stick to the indisputable evi- dence on record in depicting him. The picture of him is not overdone.) He purposely let it be known that he did me harm in Springfield, and bragged of it to newspapermen, in order to gain the political following of the justice- shop, for whatever that might be worth, and the bar association! And although he concluded the Rhoades case in favor of my client, because the evidence was so overwhelming, he did not have the heart to do that decently. He supple- mented his "finding" by saying that I was insane: for that no sane man would have stood THE CHANCERY CROOK 99 by Mrs. Rhoades as I did! This nasty observa- tion in open court was designed not only to make his fellow conspirators who sought to dis- credit me morally, and the head-line makers, happy, but in the idea that being also discounted mentally, as he would have it, would destroy my usefulness against such as he is, forever. Well, it did not, for I have done more good in the aver- age day since, than he did in all his parasitic life. XII A SKUNK OF A NAMESAKE AMONG the shysters my enemies secured to help them before the master and behind was one of my surname. The interests con- sidered him quite an asset, because the surname was suggestive of relationship, and, therefore, of lack of hostility, but rather suggestive that even a relative, forsooth, is against, and that, therefore, I must be wrong. I had not even seen the skunk since the preceding Christmas, when I addressed the church of which he and all his relatives were members: and he was on the com- mittee that had asked me to speak. He was no relative. And it did have such an effect before the newspaper-reading public: nay, even the court used his name for that very effect! He got a larger per diem than the other shysters received for that very reason; and one of the "justices" of the peace gave him a fraudulent judgment for some $200 — well knowing that as a matter of fact this shyster owed me that amount and that I owed him nothing. They would not dare try to enforce it, however. That whole coterie of shysters had a hand in securing that fraudu- lent judgment, and agreed to stand behind the "justice" who "rendered" it and protect him! And that cheap verbiage of the "Court" treated facts and common sense with such reckless con- A SKUNK OF A NAMESAKE 101 tempt in its vehemence to misbrand me that it predicated its justification upon just such inconsistencies as the quoting of this biped's per- jurious statements. For instance: that in Sep- tember, 1903, I consulted him about getting a divorce, when that same paragraph of that same Court's "finding" recognizes the fact that I aheady had my divorce six months before Sep- tember, 1903: and to-day this viper points with pride that his name — of my surname — is printed in that crooked Supreme Court report. It is so hard and so expensive and such a task sincerely and truly to prepare to be useful, as I tried to be; and how easy it is to undo and destroy! What a great and good man it would require to be helpful in times of distress and persecution; and what ordinary, cheap, and con- temptible human skunks can make trouble and ruin and undo: and to think that masters in chancery. United States attorneys, bar asso- ciations and Supreme Courts would confederate with them and use them as weapons and means to justify injustice, to make wrong seem right, and utilize such moral dirt as their own lateral support! Nor is there anything more contempt- ible than a crooked judge who is bound to find a crooked verdict contrary to the evidence: for he usually — and all crooks are alike in that respect — prefaces his verdict with a finding of "fact," and that finding not based on the evidence at all, but his own invention or mis- construction, sometimes from nothing like a fact, to justify a prejudged, crooked verdict. 102 THE BRIEF The master made his orders on me to appear before him again and to givQ him money, and his motions to the Court to punish me for not having the money to give him and for refusing to appear before him some more, and to ignore my defense therefor. I saw that the concrete idea of the scheme was to annoy me until I would be ex- hausted and unable to pay any more fines and be landed in jail for the lack of such funds; so I went to see Mr. Cartwright, the chief jus- tice of the Supreme Court, to tell him. He said he understood that the scheme was to beat me out of my evidence and defense and cheat the Court to decide against me "as by default," but with the more disastrous effects of its oper- ation against me as having had my "day in court," because I entered my appearance and had tried to defend. This judge told me that I need not go back to the master's thieves' kitchen or leave my papers with him. ''But,'' he added, "send to the Supreme Court copies of the papers you showed me. Do not send the originals, for you want to keep them. Send the copies with your brief, together with the story you now told me. I will look out for you." "No, I will not forget it." This was a very encouraging interview, and I obeyed. I made a good defense, but was cheated out of every chance. The master hounded me on unfair ground. He even made motions that witnesses who testified for me be punished for the con- tempt they had for him. The clerk of the Supreme Court wrote me at last that the chief A SKUNK OF A NAMESAKE 103 justice directed him to write me that unless I paid what the master demanded my evidence would not be taken into consideration. My plea to it was ignored, as of course. Rush at the same time again demanded that I leave my copy of the proceedings before him as well as the papers I produced in evidence. He had his copy; so the only purpose for which he wanted mine was to deprive me of it. I knew, too, that if I left my documents with Rush I would never see them again: for had not these myrmidons broken into my oflSce twice during the pendency of the suit, in the hope of stealing these very papers .f^ I do not know whether the master was a member of that particular plot of bur- glary or not. When the police reported that my. oflSce was broken into, at least the papers made fun of it! Before the Supreme Court there was no use of taking issue with the master; for it treated me with the most utter contempt. I was helpless and they knew it. Behold the chief justice ordering the clerk to write me as he did after talking to me so encouragingly! And anon deciding against me, prefacing the judg- ment like this: "The respondent, in disregard of the order of this court, refused to file with the master a transcript of the evidence taken in behalf of the respondent or to pay the master his fees. The case was thereupon submitted to this court upon the evidence, briefs and ab- stracts in behalf of relator only,'' 104 THE BRIEF The "relator" is the prosecution. The court well knew that the "master" had a copy of both the evidence and my papers. This is not all the lie told by the court, but it even perverted the evidence and added to it in order to justify the unclean language with which it attempted to stain my life, all through its "opinion." That is all the gratitude I got in return for all the good I have done for the State of Illinois ^-nd Chicago! I wrote to the chief justice after that, remind- ing him of the directions he had given me and of his promise to look out for me, which he had vio- lated. He answered that he later decided that the papers I had sent up were merely copies; and on further thought, he did not believe that the many high-minded lawyers would fail to stand by a lawyer who was persecuted. He also accused me of having represented him as my lawyer. That was false. He had warned me not to send originals but copies! Another judge, Carter, then recently appointed to that bench, whom I had known for years — when I wrote him asking if he was not afraid of God for having been a party to the commission of such a terrible crime upon me, answered that he would have me prosecuted for threatening his life! People who had known the whole proceeding to be a judicial farce for ulterior motives and a systematic persecution, organized a condem- nation meeting which was held in a church, participated in by clergymen, mechanics, busi- ness men and — relatives of the Starkes, one of the priests presiding. At that meeting, and A SKUNK OF A NAMESAKE 105 in order to meet the words of fire with the like, these people passed a resolution that certain editors — naming them — had received moneys and other favors and promises in consideration of lying about me, that a certain judge, nam- ing Mack, was corrupt, that certain lawyers were partners to men in the business of " hold- ing up " and robbing pedestrians, dividing loots with police officials, and that certain such shysters have been made judges. I was not at that meeting at all: but the local papers re- ported it as a meeting called by myself, that I presided, and that I offered that resolution to a band of red-shirted socialists! XIII THE OFFICIAL LIE THE world was dark to me now. In vain did I make motion for a rehearing: the Court freely admitted that it would be useless, for had it wanted to hear me at all it would not have refused to pay attention to my defense in the first place. No other court in America would dare put in writing that it would not give justice to a party because that party had no money, or because it was biased: and there are judges that will cover up their corruption by injecting falsehoods into their findings for the justification of injustice. That was done here; except that here it was done with so much venom and in such haste that the story told and written by this corrupt court is self -contradictory, and very patently unjust. Read it! I have seen more of such things since — and in matters other than my own. Attorneys connected with the Depart- ment of Justice in Washington see such things frequently. Anyway, my friends persuaded me to go to Philadelphia and see what the Starke woman, whose name was mentioned as having been my wife before I married the Delahun girl, could do for me. I well knew that precious little can a tradesman's wife with ten children in Pennsylvania do when her cousin's evidence THE OFFICIAL LIE 107 and the evidence of the New York marriage registry records and the evidence of scores of witnesses and a thousand pages of testimony are ignored by a court of original jurisdiction and last resort in Illinois in a case as im- portant as that, involving, as it did, a reputa- tion and the right to practice one's profession. But I had nothing more to lose, and there was a danger of losing the confidence of the last few friends left, who insisted that I go to Philadelphia. So these friends, busying them- selves to get up funds to enable my locomotion, immediately bought from me the last two type- writers I owned. The other valuables including thousands of volumes of books having already been gradually sold and sacrificed during the crisis while I was unable to earn, the few remain- ing things were stored, and I went. I presented my respects at the residence, on Front Street, of Mrs. Starke-Steenburg, with a note of introduction from her cousin, which she did not open. I asked whether she knew me. She told me she could neither read nor write, that she had heard about my having trouble on account of her name having been linked with mine, that she did not know what sin she had committed to be such a curse on my life, and that her husband had never treated her the same since the newspaper articles mentioned our names together, and detectives, lawyers and newspapermen had been coming to inquire in regard to her alleged relationships with me. Newspapers do not care how indelicate a story is, or whom their scandal 108 THE BRIEF will drag down: all they want to know is: Is it sensational? — Is it legally safe to print? — If it is on a paper filed in court, it is generally safe, no matter how false. In like manner: whilst it is held otherwise inethical for lawyers to ad- vertise, if they usually file nasty papers in court, the newspapers will advertise them free of charge, of course. Lawyers make it improper for us to advertise. Perhaps wisdom will become known without shouting it on the advertising page: but somehow, and nevertheless, those who belong to "elements" always make some sorts of noises and put each other on committees of no work, for the sole ultimate purpose of getting into the papers — an indirect method. And if some igno- rant beggar licensed to practice law marries a millinery shop, or a saloon, or a department store — or anything that advertises, then the adver- tising managers of the newspapers see to it that there shall be no end to writing him up and advertising his wisdom. Papers call that re- ciprocity of patronage! Unless the advertising manager is first influenced by an advertising customer, who in turn gives his orders to the editorial department, nothing else is considered. Once I prosecuted a manager of a department store for assaulting a little girl who applied for a job, after first making an appointment that she see him after business hours. The defendant had first to be brought into a justice-shop. About thirty justices of the peace surrounded him. The hearing was postponed, and postponed. It was a farce. The newspapers did not notice it. THE OFFICIAL LIE' 109 although the reporters brought in the reports. He was an advertiser, and also a patron of the justice-shops. Mack's partner, Pflaum, defended Kesner of the department store. The chief busi- ness of counsel for the defense was to call up the justices and the advertising managers of news- papers, to come and help. That is the way Mack practised law: and then his wife's people secured his nomination by contributing to the Democratic campaign fund and he became a judge through the political election landslide, and has been on some public payroll or other ever since. In like manner a colored man was elected to the superior bench some years later. The average voter follows the sound of a name or a party: there was nothing in the name to indicate that the candidate was a negro: nor could the Re- publicans afford to offend the colored voters by rejecting him as a candidate, nor did they ex- pect him to get elected. And so when the negro was elected, and fairly and lawfully elected, his friends " counted him out," in order to keep the peace. Voters, like sheep, fall in and follow the avalanche! In the Rhoades case the thousands of advertisers, and the advertising managers, were adverse, of course: because the justices of the peace turned thousands of their bad book- accounts into judgments, attachments, arrests and executions — and I was ruining that business of judicial oppression. I made the like success with the like system in another jurisdiction, at the like cost to me, of persecution and ingratitude. — But Humanit;^ profited: and so it was worth it. 110 THE BRIEF Full of the story, I seem to diverge from the Front street flat in Philadelphia: The poor woman said that she married fifteen years ago and had ten children, some of which were present. During the conversation her husband, an elderly man, entered. She told him who I was and he immediately began to roar at me like a beast that is infernal and to scream and yell. I seemed too large to assault, although he could have thrown me over with very little violence just then. When he came to his reason he said he was glad to see me and that my name had haunted him for a long time; for whilst he had no reason to think ill of his wife, yet he suspected at times, for they say "where is smoke there is fire." It was not a smoke and fire affair, I assured him, but of liar and lie. He had my sympathy. "I am so thankful I saw you," he sobbed when I left. There was nothing the woman could do for me, of course; and I did not see what I came to Phila- delphia for. One will do a lot of gratuitous things on the insistence of others at such times: and here I was, having wasted what was then to me a lot of money and all that time to no purpose. But I felt that I must do something now that I was in Philadelphia. So I went to the ofi^ices of the prosecuting attorneys. There were two, one for the State and one for the County: they would di- rect me from Bell to Robinson, and from Robin- son to Bell, prosecutors of State and County re- spectively, and from one set of assistants to an- other, in each place being quizzed by numbers of underlings first. I "complained" that my wife THE OFFICIAL LIE 111 was married to this Mr. Steenburg and that I wanted justice. I was a very bad complainant, however, for I had no marriage certificate with Miss Starke, nor could I give any satisfaction as to when and where I had married the lady. I was thin and emaciated, and they evidently ascribed my stupidity to troubles. I was told to come again at stated times, and that during the intervals they would look into the case; which they did, and I came. I came so often that at last, after I passed a big tough in an antechamber, who, coarse-voiced and hoarse and between chews of tobacco, received me with " You! Have! Been! Here! Before!'' I was led in; and a prosecuting attorney received me with — "What's the game.^ " Then he turned to an assistant and told him to hold me for mental examination. '''E-a-s-y," I said; "I have seen gentlemen like you before. I suppose you have too steady and easy a job to be decent to one; but give me a few minutes of your time and charge for it. I want your attention." Then he listened half contemptuously, while his lieutenant stood there as all mamelukes do, ready to do what- ever he was bid by his boss, in order to hold his job. I handed him a typewritten copy of the decision of the Supreme Court of Illinois. He read it patiently, and saw that the chief reason why they disbarred me was the mention or rather plausible subterfuge in it that this woman was my lawful wife and that as such married man I was wedded to Mary in Pittsburg. 112 THE BRIEF "The Supreme Court of Illinois is a damned liar!" he roared at me, when he finished reading. I knew it, but that was no fault of mine. "Can you see the reason for my coming to see you.f^ " I asked. He could not. "I say it's a lie," he repeated. "I looked through the birth records of this city, and this woman had a child almost every year since she married — the only husband she ever had. Here are the certified copies of births in this file." He opened the file. It was on the table. "A divorce was granted against me in Pitts- burg, on this same allegation, that this lady is my wife — " "That's a fake, too, and a lie! " he said. "That's just what I am anxious to prove. Don't you want to prosecute her for me and give her a chance to prove that she never even knew me? It would help her — and help me." "On what.f^ On no better evidence than a fake default divorce obtained in Pittsburg.'^ Can I swear that I am informed and believe that she is a bigamist, when I know better.^ " "But the Illinois court respected that default divorce enough to disbar me." "That's up to them. You know as a lawyer that such evidence is not admissible — it is not primary evidence." "Don't you see what it means to me.^ Suppose I were to marry now: the same kind of courts would brand me as a polygamist next, and the newspapers make a — Mr. Bluebeard of me. If I am married enough to this lady to be disbarred TEE OFFICIAL LIE 113 for it, then why not married enough to prosecute her for having another husband and vindicate — us both, if it is false? " "No, I only see what some damned courts amount to. They're crooked. I suppose you got in wrong with poHtics. I hear you've been on Front Street, to annoy the poor woman." "I just went there to meet the lady with letters from her cousin," I pleaded. "Much good it did you," he laughed. "She could not read the letters. "I realize that you're in a devil of a ^^: but I cannot prosecute her: what else can you sug- gest that I can do for you.^^ " "You have done it already," I said. "Give me those certificates of birth and all." Which he did, and I left. XIV THAT EDITION OF FILTH 4 LL judges know that anything they certify _i\_ on the records of the court passes for truth not only, but is guaranteed to be the truth by the Constitution: all the greater is the crime in this case. And these parasites print their falsehoods with the same spirit as they did when they were struggling politicians and tried to blacken the character of their competitors; or, as some judges I have known, when they used to write their opinions of people they did not like on the walls of the rooms in the rear of dram-shops. I have had to contend with that edition of filth all these years since: for every time a shyster would not pay a reporting bill after having collected the amount due from his client, or in my law practice he was caught red-handed at crooked work, or wanted to gain some other advantage not due, he reminded me that he had read this falsehood and threatened to talk about it! It was no small struggle. There were times when I longed for my beloved vindication, my justice. I would write to new district attorneys in Chicago: I would write to the bar association, reminding it of the fraud it committed upon me years ago, asking for a chance to be heard, only to find that TEAT EDITION OF FILTH 115 the curs would write to my new connections, advertising that printed lie. Yes, I wrote to some lawyers: but they saw only a chance to make enemies, no chance to oflfset that by making big money on the case — and they were mem- bers of the bar association. Some wrote that they were in consultation with officials of the association who promised to help them undo that fraud, and asked me to write to such "officials" thanking for their kindness. That was a mere trap to vindicate such crooks by my admis- sion that they made a mistake and are capable of kindness. Others answered asking that I send unlimited funds and ask no questions. One wrote that I send in affidavits to the bar asso- ciation to the effect that I repented and re- formed, asking it to have pity on me: and he will do the rest: and it will be all right! Some years ago I wrote up these adventures in greater detail: and in some detail the impositions, indig- nities, losses, shame and all which I sustained by reason thereof in these many years: then I wrote to a man named Hoyne, a recent new state's at- torney in Chicago, calling attention to the fraud and saying that I wrote it up in book form which I would be glad to have him read, if his office would want to be decent and undo that lie. Mr. Hoyne answered asking that I send him my manuscript, promising that he would take it up with assistants and justice would be done me. I sent the papers forthwith. The receipt was never acknowledged, and the result was that I never got my manuscript back, my letters for 116 THE BRIEF more than a year were ignored, and the brute utilized the story therein told to turn it over to Fogle, the myrmidon of the bar association who wrote and kept on writing to my new friends, reaffirming the lie and the persecution committed upon me and recommending that I be further hounded. This is a mere additional suggestion of official promise in Chicago. I shall write that stolen manuscript over again; and maybe I will add something about the manner in which the right to fill out attachment-writs already signed by the courts is abused by a certain brand of licentiates at law and voracious constables and collection shops in Massachusetts, — not quite as bad as Chicago was, but getting pretty bad. In the general courts-martial, which we hear so much abused, the accused is entitled to counsel furnished by the court from among law-trained officers of his own choice, free of charge: one is entitled to be tried by his equal- or superior- commissioned officers only, and to a full verba- tim report of the proceedings for the use of the court and the reviewing authorities, and to a copy also for his own memorandum, as well as to the presentation of witnesses and depositions in his favor at public expense. — This does not apply to officers of a " staff ": once I saw a note from a governor reading: "I heard something about you. I won't say what or where. But I don't want you on my staff no longer." — Before each trial the members of the court and the prose- cuting officer, and even the reporter, are separately sworn to be just; and he may object to certain THAT EDITION OF FILTH 117 members of the court. The commander of a regiment has to certify that he investigated the case and believes the prosecution just, be- fore action is brought at all. — None of your getting people in trouble for blackmail or in order to please a member of a special secret order, or a scorbutic politician, or a friend, or for a fee! And then his case, although de- cided by a bench of five or more officers, is automatically appealed to a higher court of trained lawyers for review and approval, modi- fication in his favor or reversal. No soldiers' home jurors there! And in spite of all that sys- tem, miscarriages of justice due to frivolity or summary power are not uncommon. Elements of human nature pervade the Army, at that. There was a golden-headed major in charge of a coast artillery fort who, even as junior officers know when they are not popular with the men, knew that his fellow-officers treated him only with the strained respect the regulations demanded. He would cringe to those who ranked above — and one of a rank below he made to feel, with undue emphasis, his inferiority. Officers who served with him were always in danger of being charged with crimes and misconducts by him in the general court. He was advanced by the seniority rule. I sometimes report the proceedings of the general courts-martial, so I made friends around him through the natural order of propinquity : and by now I ranked above him, too, in the National Guard. I used to care to speak no more with him than did others, if they could avoid him. 118 THE BRIEF In the officers' cabin of the boats faring to and from the forts he would hear me speak with his fellows in languages and on subjects he knew nothing about, and our innocent diversions both- ered him. So one day he evolved the idea that this National Guard civilian that I was — was too well accepted; and he proceeded to make a gossip that I was a spy for a foreign government. His fellow-officers whispered among themselves of the absurdity of the slander. I knew their wives. I knew their children. They were my friends. I have been in their homes. I already had one bunch of lies to live down. When it came to my attention I traced the source. Then I wrote to this major upbraidingly for the slander, accusing liim of insubordination, and concluding that he was a scoundrel and a liar — for experience taught me that polite language is useless with his brand. And I am tired of "turning the other cheek." I used much stronger language, too. Then, Bill failing to apologize, I complained at the War Department. The Department made an investigation, and on finding that the major offered no better explanation for his misconduct than that in his opinion one of my abilities would not do such work as court reporting, except with ulterior motives, I was advised that Secre- tary of War Baker ordered the incident closed with the remark that Pinkhead Bill Chamberlain having called me a spy behind my back and I having called him a liar to his face and in the official files, — substantial justice was done, and TEAT EDITION OF FILTH 119 no apology should be enforced. — And yet they say that the Administration simply acknowl- edges receipts of complaints, answers that they are referred further, and that is the end. — This fellow is typical of his brand: they cannot comprehend that one will work for the Gov- ernment at a financial sacrifice! How could one ever explain to his like that I had mort- gaged my holdings when the Government first called for aid in order to buy "Liberty" bonds and so help induce my friends and neighbors to aid the country.? And if you want to know where all the crooked judges and crooked lawyers and crooked newspapermen and other loafers and parasites are hatched, the answer is plain : any of the crooks herein depicted would still be crooked if they were chiefs of Government or Country; and the fortunes of politics are still in the hands of such parasites, to a large extent. I don't believe that any one asked Chamber- lain for the favor of committing the slander, or that he is a member of any plot; or even that he is a spy, as some of my friends suggest, who tries to cast suspicion upon others ; but rather that Bill is one of those accidents or mistakes that fall or intrude into a busy life, or into the corps of officers, for that matter. For, after all, he is on the pay-roll of the public; and, like many others, inefficient but ambitious to be noticed, throws a stone, and when confronted with error, like the rest of his kind he pleads that it was an honest mistake and "that there was nothing personal to it." No, they all want 120 TEE BRIEF you to blame the Government for their own per- versity, officious obnoxiousness and dishonesty. In countries where duels are tolerated among those classified as gentlemen there is less slander, less insolence of office and blackmail, less back- biting, less stifling of justice and general reck- less immorality among the "better classes," and less official anarchy; for though a bureaucratic parasite know that he has power to abuse his discretionary or summary rights under politics or law, he also has the consciousness that some one may scratch his skin in a fight more fair and open than the cowardly violation of the rules of decency which he would fain commit: and the respect that such wrongs as would not come within the cognizance of what we technically call a court would thus be redressed — • for whilst it is true that hardly any one is ever seriously injured in a civilized duel, still, by reason of the thousand collateral advantages of the system corruption is reduced to a minimum where duels are allowed. Nor is any country worth dying, fighting, or work- ing for whose principal aim and glory is not a system of sincere and fair actual justice for every one alike, for there are plenty of highminded men who feel that a lie cannot be borne without satisfaction except by a base-born churl; and every one at least pretends that a fair fight is more manly than a stab in the back. Duels would still be subject to regulation by law as are all things. And even if the system would bring about a scar to an occasional aggrieved party, it would, on the other hand, also render THAT EDITION OF FILTH 121 public the report of the reason of the conflict. It is better that occasionally one who is in the right, even, be scathed in a cause that is just, if at the same time he brand and stigmatize a criminal against whom there is no written law or whom the rules of evidence cannot reach, than that people should continue to be robbed and justice miscarried in a pretext at good law, in the name of the other people — the good citizens of the State — who know nothing about it, and asylums be filled with unfortunates housed in padded cells because they could not fathom, comprehend, or brook that corruption is justice, and poverty crime, and that courts which you are taught to consider just help wring away your right and property because you cannot spend any more money on blackmail and fines and masters in chancery who are corrupt in tribu- nals where justice is judicially miscarried: and, as also truly related in the manuscript which State's Attorney Hoyne stole, that people should be punished because they protect the orphan and the just against criminal threats, and demands of organized shysters, encouraged by *' judges" of unlimited jurisdiction; for people refuse to believe that courts are not meant to be fair, and honest people not to be free about their legitimate affairs. Nor is there one who would not rather fall — yes and die — like a man, in a fair face-to-face conflict, than be deprived of reputation, right, property and all by licensed political anarchy and judicial dastardy. Nor would manslaughters be so common among the 122 THE BRIEF respectable class who kill not to rob and steal but to avenge wrongs for which there is no prompt redress at what we are taught to call law: and it is generally admitted, too, that cowardly black- mails, libels, slanders, judicial-, political-, shyster-, and general corruption and unfair influence are most rampant in those countries in which duels are not tolerated. The new general military law should, if made permanent, tend for better citizens, better jurors, a better country. I don't know about better lawyers: except that a son of a decent woman will try to be an honest man, no matter what his occupation — which is probably another way of saying that all good men are so because they had good mothers. Perhaps, while departing to the subject military, it is well to suggest that assurances that in public callings men of such training are to be preferred would tend for a bet- ter race not only, but eliminate the necessity of teaching hatred by false reports of the enemy in times of war — which does not, really, stimulate voluntary enlistments as much as patriotism coupled with an interest: and patriotism is as much made up of the gratitude you owe the State for its bounties and protection as of the instinct to shield the home, — natural ties and obedience to the laws: and the reciprocity the Government owes for good citizenship, as also politicians for their salaries, is a clean government for everyone and a guarantee of justice. Mock-statesmanship, licensed corruption, favoritism and criminal immunity make for contempt of government and anai^chy. XV RASCALS AT LAW AMR. BANCROFT was the leading villain of the '* grievance committee" of the bar association called to undo me, arguing that I was a growing power and a menace to the corrupt status quo of Chicago. About ten years later I again had occasion to see some of his doings, and no wonder he feared me. He was now engaged as one of the many lawyers in the Harvester case, and his special assignment was to organize the most influential politicians of the West at the expense of the trust for the purpose of running to Attorney-General Wickersham and begging him not to print the names of the owners of the hun- dred million dollars' worth of stock in Volume IV of the evidence and suppress that the majority of the stockholders of that enormous wealth failed to schedule the property in the sworn statements they filed under the income-tax law; and well do I remember the desperate, frantic begging letters he had written to Washington and the trips he and his fellows had made. The Gov- ernment's counsel declining to participate, in spite of all that influence, in the corrupt sup- pression of facts, Bancroft went to " work " 124 THE BRIEF upon the Illinois politicians and succeeded in securing the immunity for himself and others who had perjured themselves year after year to rob the Government. And "lawyers" of this caliber had the power to pick me to pieces, by bombarding what they knew to be my only base of supplies, the right to work. Nor will I ever forget a trip through the country some years ago, when the McNamara dynamiting case was pending in California. All through that trip, from the train I saw workmen parade the streets of the cities, carrying large placards reading "Justice for the McNamaras" — and they did stick to their fellow- workers to the end: — and I could not help meditating how much higher a group of men and more noble was organ- ized labor than my colleagues of the law, who, instead of declaring so conspicuously a demand for justice for one like me, tacitly, treacherously, and criminally organized, conspired, combined and confederated for purposes of injustice and judicial rape. And for years after I had come back to the region of more civilization and culture, have these human whelps and hounds sent broad- cast nasty libels about me and lies. And the more they have been lying, the more did my neighbors feel inclined to inquire and investigate, and the more did they shower me with help and honors, for which I shall ever remain thankful. Nor must a very recent adventure be left out. Captain F. S. Long of the Coast Artillery Corps of the United States Army, stationed at Fort Revere, sent me a client. He was a corporal in RASCALS AT LAW 125 my friend's company, married a few months before. The corporal and his commander were sent letters by a Pennsylvania lawyer accusing the young man of the paternity of a child. It seemed from the story that the young farmer's son joined the Army in order to escape the perse- cution. The corporal brought his wife with him to my office. I told the young man that those nasty cases are usually stigmatizing, whether the accused won or lost, and I told the wife that his chances of getting out of the scrape were better if she stood by him; and that if she did mean to go "back on him," to do that after the mess would be over. — See what an expert I wsis? — She said she would stick. I took the files of correspondence and threats and demands of money from both the Captain and the client. I started out by looking up the lady and traced her whereabouts for some six years back, within which time she was already reported to have made two money settlements with young men just married. Beyond the six years I had no clew, so I wrote to a local lawyer to have the woman photographed. On receiving a small snapshot, the visage looked rather familiar; and on applying to it a ten-diopter biconvex magnifier, more so. I looked long and hard, wondering where I saw that face before — when behold, I seemed to see her at Mr. Delahun's desk, where I first saw her in the distant past: the very one whom Mr. Delahun furnished with counsel and my money to follow me to Chicago. Then an easy way occurred of ascer- 126 THE BRIEF taining whether it was she: and I wrote upon my stationery to the lady's counsel: "Be good enough to show this letter to your fair client and tell her that I represent the defendant. Tell the lady to read rny name carefully." That was more than two years ago, and neither Captain Long nor his corporal nor I heard any more of the case; and I advised my client and his wife that I had written one letter and expected that that would just about put an end to their trouble with the lady in Pennsylvania. Even if it was the same lady, there was no use of telling the client how many bucketfuls of tears shed in years past had cost me the success of his little case. Nor do I begrudge that another lady in Pennsyl- vania displayed jewels of my family and mine to friends she made in the new neighborhood and represented them sometimes as heirlooms of her own and other times as gifts from grateful pupils at music. Nay, in these j^ears there have been times when I mused about her as a victim of the wiles of her father, who had told her artful lies which she believed: and I have wondered how she often must have thought of me with pity and remorse in cogitation as to that scoun- drel's good faith to her or bad; and how she must herself be waiting for a day when the whole truth would be plain — until the 26th of June, 1916, when I was in Pittsburg on other matters, and recollection of the series of outrages and pro- RASCALS AT LAW 127 pinquity drew me to attempt a call, only to find a woman weatherbeaten, harsh-voiced, and ear- marked with the character perfectly consistent with what she had done to me and to others since, and to find, too, that so far from the re- morse and the pity of it all she had since then landed and ridded men, and enforced her rights at law, and was now looking for new conquests. I saw and heard her now with matured eyes and ears such as I did not possess in that early age, and a great awakening and relief it was to my hounded soul. Her father, like herself, is older now by seventeen years, and her mother a hope- less invalid — the moneys of mine that her father was to hold for me and those he borrowed from me and those she appropriated have long since vanished, the whole family barely existing with the help of others. A member of their church, under date of Feb- ruary 12, 1917, writes: "As I have told you before, I have had a personal dislike for Delahun for many years, both instinctively and now since I know of his baseness. I rode out on the street car the other night and he seated himself with me and started to talk about church matters. I told him abruptly that I was reading my paper and did not care to talk with him. "I asked a friend of mine that I knew knew his daughter well, who said: *Poor Mary, she has a hard time of it.' 'How so.^' I queried. ' Oh, don't you know? ' she replied; 128 THE BRIEF *then let us not say more.' Another friend of mine of whom I made inquiry said, *Who told you to ask me?' 'No one,' I said, 'why?' 'Oh, nothing, only you are the fifth person in two days speaking to me regarding her;' and we let the matter drop. "I did inquire further and did find out some: and my report to you is: 'Poor Mary; she has had a hard time; let's say no more;' and yet what she has been up to very lately I can only conjecture." In reply I wrote my friend to find some reli- able way to help her with funds from me without disclosing their source. And I am so thankful that the Fates willed it thus, for I had rather have been the humble messenger of all this light if it served any good purpose than the unawakened companion of the one behind all this — my Brief. EPILOGUE "... For if he show us his wounds and tell us his deeds, we are to put our tongues into those wounds and speak for them. So if he tell us his noble deeds, ive must also tell him our noble acceptance of them, ..." — Shakespeare.