Rensselaer Republican, Volume 19, Number 19, Rensselaer, Jasper County, 13 January 1887 — The Old Soldier’s Defense. [ARTICLE]

The Old Soldier’s Defense.

Circuit Judge McCallum, of lowa, began his career at the bar characteristically. His first case was before a justice of marked morality, who was extremely harsh with criminals. The weakness of the old puritan was his veneration for veterans of the war, all of whom he esteemed as unrewarded heroes. McCallum had fought four years. His client was a thief. “The only thing I can do for you, ” said McCallum, after having gained the man’s confidence, “is to implore the mercy of the Court. When you go on the stand tell the whole truth.” The man had stolen a cow, killed it, sold the hide and taken the carcass home to his family, which was really suffering for the necessaries of life. The prosecution, with a Jong line of witnesses, had made out a perfect case, and the brow of the justice was draped in ominous frowns when the prisoner was called. The latter did as directed by his attorney, concealing nothing—from the almost starving condition of his wife and family to the dressing of the stolen beef. “Now, your honor, ” said McCallum, “the defense has no witnesses. My client is guilty. He has hidden nothing from this Court. It is the first time he ever transgressed the laws. He was inspired to do wrong by that instinct which we even admire in brutes.” Then, turning to the prisoner as if the fact had nearly escaped him, McCallum said: “By the way, you were a soldier in the late war, were you not ?” “Yes, sir.” “Weren’t you at Gettysburg?”

"Yes, sir.”.. “So was I. And you were in other historic battles, fighting for your country, while your wife and family suffered from want at home?” “Yes, sir.” The prosecution at this point saw the way the case was drifting and attempted to ridicule the “old-soldier defense,” as the prosecuting attorney named it. The effect on the old justice was to arouse all his loyalty and indignation. “Enough of this,” said he, bringing his hand down on the desk in front of him with a thundering thud. “No soldier, no man who has shed his best blood for his country, not even if he be a criminal, can be reviled in my presence. The prisoner is discharged. And, sir, when you are suffering for the necessaries of life again come to me. ” - The joke was too good to keep. McCallum told the justice one day that the old soldier was an ex-Confederate, but never again did' McCallum practice in that court.— Chicago News.