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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