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 The Disagreeing jury Failed to Disagree

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attorney informed his friend that on his suggestion the federal judge had ap pointed Johnson to act as counsel for

in the federal law compensating attor

an indigent prisoner who had been indicted for burglarizing a post-oﬂice in an adjoining county.

uphold the Constitution in this regard, gratis, and to be more patriotic and humane than Uncle Sam himself." “Even the state law makes a pro

“There isn't anything in it for you except the advertising, but that doesn't

neys for defending indigent prisoners, and lawyers are expected to faithfully

vision of ﬁfteen dollars a day for the

amount to much," proceeded the attor

defense of a poor prisoner. Why didn't

ney. “The fact is, the scamp is as guilty as he can be, and I have a dead-open

this particular scoundrel have sense

and-shut case against him, but he ob stinately refuses to plead guilty and

enough to rob a cigar store, or a saloon, or even a news stand, if he wanted pennies, instead of a two-for-a-cent

I've got to try him."

post-office, then I might get something

“But say, Harold, I don't know a

thing about federal criminal procedure, and I've never even been inside of a United States court room. Besides," he continued ruefully, “I'd cut a pretty ﬁgure if you've got the cards all stacked up against me. You say there's no

for defending him. You see, I need the money," added Jim, with a smile. “You probably can induce him to plead guilty, and give you the eleven dollars and some cents he robbed the post-office of," replied Harold, face tiously.

“He's got it somewhere sure,

money in it, and I don't want that

because he didn't have a chance to

kind of advertising. I don't believe I'll take the job.” “Oh, yes you will. As a member

spend it. By the way, if you'll come over to the federal building, I’ll show you the grand jury testimony and everything else I've got, and after you've

of the bar of the federal court you're an ofﬁcer of it, and when the judge orders you to defend a prisoner you've

digested that I'm satisﬁed there won't be any trial. There isn't a ghost of a

got to do it, whether you want to or not. Anyway, you owe it to yourself as a

show for him, and he'll likely believe you."

reputable lawyer not to turn down an accused man and deprive him of a.

“When does the case come on?” inquired Johnson. “Next Saturday at ten o'clock. It's the last case of the term and if we have to try it we can probably get all through by noon. You'll have three days to get ready in, but three hours is about all you will need. If you want any other

defense simply because he has no money.

But you are only talking now to get up your nerve." “Well," slowly replied Johnson, “I

suppose I'll have to take hold of the matter whether I want to or not. You don't mean to say that Uncle Sam expects a lawyer to carry out for him the constitutional provision about the accused's right to have the ‘assistance of counsel for his defense,’ and do it

without any pay whatever, do you?” “That's just it precisely," answered Brown, emphatically. “It isn't exactly a square deal, but there is no provision

witnesses, I'll get an order for the marshal to subpoena them for you.

But you won't ﬁnd any that I haven't already got.

So long, and good luck

to you," concluded the District Attor ney with a quizzical smile as he left

the lawyer's office. The conference ended, and Jim John son found himself unwillingly drafted