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refused to carry him. Once they had arrived at the Post-office Building the mistake was quickly discovered and Mr. Van Rennsellaer was set at liberty; but each and every United States judge had to descend in his robes from the bench and implore his pardon before the furious little lawyer would consent to call a cab and return to his office. I understand that he always believed that the whole thing was a trick of Gottlieb's to humiliate him; and, indeed, some members of the bar have suspected me of the same thing--entirely without justification, of course. During the rest of his exceedingly distinguished career one had only to mention the words _duces tecum_ in the presence of Mr. Winthrop Van Rennsellaer to deprive him instantly of his composure; in fact, for a long time he abandoned appearing in court and contented himself with nursing his dignity in his office. I should add that the incident so affected his confidence the next day in court that we won our case without difficulty. But to return to the unfortunate McDuff. To my great astonishment and still more so to that of my partner the Court of Appeals handed down an opinion sustaining my contention and holding his client's conviction to be illegal. That night Gottlieb and I, sitting in his office, shook our sides with laughter at the idea of having hoodwinked the greatest court in the State into a solemn opinion that a rogue should not be punished if at the same time he could persuade his victim to try to be a rogue also! But there it was in cold print. They had followed my reasoning absolutely and even adopted as their own some of the language used in my brief. Does any one of my readers doubt me, let him read the report of a like case in the forty-sixth volume of the reports of the Court of Appeals of New York, at page four hundred and seventy. Said the Court: "The prosecutor"--Jones--"parted with his property as an inducement to a supposed officer to violate the law and his duties; and if in attempting to do this he has been defrauded the law will not punish his confederate, although such confederate may have been instrumental in inducing the commission of the offence. Neither the law nor public policy designs the protection of rogues in their dealings with each other, or to insure fair dealing and truthfulness, as between each other, in their dishonest practices." (This sentence had been in my brief.) "The design of the law is to protect those
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