This is a fair example of a perfectly safe variety of advertis.e.m.e.nt that does not commit the author to anything. As long as there is a piece of land somewhere and an actual incorporated company the stock of which, however valueless, is being offered for sale, the mere fact that the writer indulges himself in rosy prophecies does not endanger him so far as the criminal law is concerned. It is only when he foolishly--and usually quite as unconsciously--makes some definite allegation, such as, for instance, that the company "owns six hundred acres of fully developed mining property," or has "a smelter in actual operation on the ground," or "has earned sixty-five per cent. on its capital in the past year," that the financier runs the slightest risk. It may be that a purchaser would find it so difficult to prove the falsity of any of the statements upon which he had relied in purchasing the stock that the vendor would practically be immune, but in these days of muck- raking and of an hysterical public conscience prosecutors sometimes go to the most absurd lengths and spend ridiculous sums of money out of the county treasuries to send promoters to jail.
They are apt to have a hard time of it, however. I recall one scheme in which a client of mine was interested, involving the floatation of about a hundred thousand dollars" worth of railroad stock. The circulars, printed by a famous engraver and stationer, were twenty pages in length and contained the minutest description of the company"s board of directors, rolling stock, capitalization, bond issues, interests in other railroads, government grants of land, and the like. They were embellished with beautiful photographs of deep cuts, suspension-bridges, snow-sheds, railroad-yards, and round-houses. The promoter did a mail-order business and sold the stock by the bagful to elevator men, trained nurses, policemen, porters, clerks, and servant girls.
After he had salted away about forty thousand dollars some of the purchasers began to get anxious about their dividends. None were forthcoming, and as the promoter was inclined to be indefinite as to future prospects he was presently arrested. But when the case came to trial I pointed out a fact that, strange as it may seem, practically no one of the mult.i.tude of stockholders had previously noticed, namely, that the circulars made no actual statement _as to where the railroad was located_. By inference it might well have been supposed to be somewhere in Canada, but there was no such fact clearly alleged. Of course it was impossible for the prosecutor to prove that my client did not own a railroad _somewhere_ in the world and the indictment had to be dismissed. Negations are extremely hard to establish, and therein lies the promoter"s safety.
If he sticks to generalizations, no matter how they glitter, he is immune. Had my railroad promoter inserted a single word descriptive of the location of his franchise or his terminals he would now be in Sing Sing instead of owning a steam yacht and spending his winters in Florida.
From the foregoing the reader will observe that the first-cla.s.s criminal lawyer by no means devotes his time to defending mere burglars and "strong-arm" men. The elite of the profession do as gilt-edged an office practice as the most dignified corporation attorneys. Indeed, in many respects their work is strictly identical.
CHAPTER V
The firm of Gottlieb & Quibble had not been long established before --quite by chance--a new vista of opportunity opened before us.
My partner had a wretched client who, not unlike many others, would go to more pains and trouble to steal a dollar than it would have taken him to earn twenty. This, I have noticed, is a general peculiarity of lawbreakers. The man"s name was McDuff and my partner had defended him on several occasions and had got him off, with the result that he was always hanging about the office and asking if this and that were "within the law." One fine day he was arrested on the charge of having obtained money by false premises in an unique manner.
It appeared that he had learned through a certain bar-tender that one Jones, a patron of the place, had but recently come into a legacy of a couple of hundred dollars and, in connection therewith, had imbibed so freely that he had become involved in a fist fight with a gentleman by the name of Holahan and had done the latter considerable facial damage. McDuff pondered upon these facts for some time over his beer and then set out to find Jones--not a difficult task, as the legatee was making a round of all the near- by saloons and endeavoring to drink up his good fortune as rapidly as possible. Overtaking him in a side street McDuff grasped him roughly by the shoulder.
"Look here, Jones," says he, pretending to be an officer; "I have a warrant for your arrest for committing a battery upon Thomas Holahan. You must come along with me to the station-house."
"What! For me!" cries Jones in an agony of dismay. "Sure, I did nothing to the man. You"re not going to lock me up for that!"
"It"s my unpleasant duty," answers McDuff. "An officer has no choice in the matter. You must step along."
"Come, come!" replies Jones, pulling his money from his pocket.
"Here"s a hundred and fifty dollars. Say you couldn"t find me!"
"I would be taking a great risk," responds the supposed officer.
"Have you no more than that?"
"I have my gold watch and chain," returned Jones. "You can have them and welcome--only let me go!"
The bargain was stuck then and there and the transfer from Jones"
pockets to those of McDuff effected. Unfortunately, however, Jones next day discovered that Holahan harbored no ill-will against him and that the supposed officer was nothing of the kind. Rising in his wrath, he in turn procured a warrant for McDuff and caused his arrest and indictment. The trial came off and despite Gottlieb"s best efforts his client was convicted by the jury of stealing Jones"
watch, chain, and money by falsely representing himself to be an officer of the law. The case went on appeal to the Supreme Court, which affirmed the conviction, and there seemed no escape for McDuff from a term in prison.
One evening Gottlieb and I got talking about the case among other things.
"How is it," said I, "that the criminal law will step in and give a man back his money when, under precisely the same circ.u.mstances, the civil law will let him whistle?"
"What mean you by that?" asked my partner.
"Why," answered I, "the civil law will not settle disputes between thieves, it will not enforce an equitable division of stolen property, and it will not compel rogues to keep a dishonest contract between themselves. Now this fellow, Jones, it seems to me, was almost as bad as your friend McDuff. He tried to induce a man he thought was a sworn officer of the law to violate his oath and disregard his duty. Why should the criminal law do anything for him? Why should it hand him back his money as if he were an innocent and honest man?"
"It is an ingenious argument," replied Gottlieb, scratching his ear; "and yet it is poppyc.o.c.k for all that. The criminal law is to punish criminals. According to your reasoning, two wrongs would make a right and two thieves one honest man. Would you let McDuff go unpunished simply because he was clever enough to induce Jones to try to break the law as well as himself? Why, any judge would laugh you out of court on such a proposition."
"But," I retorted, "surely, if I gave you a hundred dollars for the purpose of bribing a judge and you failed to accomplish your purpose, no court would a.s.sist me to recover the money. "Twould be against public policy and _contra bonos mores_."
"Even so," answered my partner, "would it not be more _contra bonos mores_ to let a thief go unpunished, once he had been arrested?
Take my word, Quib, there"s nothing in it," insisted Gottlieb warmly. "For instance, there is the crime against usury--a very foolish law to be sure, but there it is. No one can commit usury unless some one else partic.i.p.ates in the offense by paying the unlawful interest; but the usurer does not escape on that account.
Why, then, should the false pretender in our case?"
"I admit the force of your a.n.a.logy," said I, "and I could easily suggest others myself. Bribery, for instance; extortion and many other offences, where the law does not refrain from punishing the one because the other is equally guilty. But the cases differ in that, in bribery, the briber is seeking to influence the acts of an official; and, in extortion, the law imputes an element of force which is supposed to overcome the will of the person paying the money. I am not so clear on your usury. Still, I believe there is a fighting chance to win the case on my theory."
"If you think so," grumbled Gottlieb, "you had better argue it yourself before the Court of Appeals."
"Very well," said I. "Nothing will give me greater pleasure."
It was with some trepidation, however, that I went to Albany to argue, before so august a body of judges, a proposition of law that had in reality so little to commend it; particularly as I was opposed in person by the district attorney of New York County--a man of great learning and power of sarcasm. However, I found the Court of Appeals much interested in my argument and had the pleasure of hearing them put many puzzling questions to my opponent, in answering which he was not always altogether successful.
Pending the opinion of the Court, which was not handed down for several months, an incident occurred in our practice that may serve to amuse the reader if not to ill.u.s.trate the dangers of ignorance.
We were engaged in a litigation in the United States District Court, where the subpoenas for the witnesses are issued by the clerk to the deputy marshals for service. Our opponent in the case was a testy old member of the bar over sixty years of age and of the very highest respectability and standing, who had several times refused elevation to the bench and was regarded as the personification of dignity and learning. Unfortunately his appearance belied his position, for he was almost totally bald and his face was as weazened and wrinkled as that of a monkey.
It so happened that we desired to have in court the following day certain papers that were in his possession; and, in order that we might be in a position to introduce copies of them in case he failed to produce the originals, we secured what is called a _duces tec.u.m_ subpoena for him--that is to say, a subpoena directing him to bring with him--_duces tec.u.m_--"bring with you"--the papers in question.
There had recently been appointed as a deputy marshal a very honest and enthusiastic, but exceedingly ignorant Irishman named Hennessey, who, prior to his advent into officialdom, had been employed at heaving coal at a dollar and eighty cents a day. The clerk called him into his office and handed to him our subpoena.
"Mike," he said, "here is a subpoena for Winthrop Van Rennsellaer"
--our worthy opponent. "It is a _duces tec.u.m_. Understand?"
"Shure, I do!" answered Mike, wiping his mouth with the back of his hand and taking the paper; for, though he had no idea of what _duces tec.u.m_ meant, he had no intention of disclosing the fact.
"It"s important," continued the clerk. "Be sure and attend to the matter at once."
"Lave that to me!" Mike a.s.sured him.
"Don"t forget that it"s a _duces tec.u.m_," admonished the clerk as Mike pa.s.sed out of the door.
"Not on yer life!" replied the newly appointed deputy.
Outside, he found a fellow deputy, also newly appointed.
"Pat," said Mike, holding out the subpoena, "phat is the meanin"
o" thim two wurrds?"
His friend carefully examined the paper.
""_Duces tec.u.m_"," he repeated thoughtfully. ""_Dooces tayc.u.m_."
They be Latin words meanin" "take him alive or dead.""
"Thanks," said Mike. "Trust me!"
And he started forthwith for Wall Street, where Mr. Winthrop Van Rennsellaer"s office was located. Having ascertained by inquiry that his quarry was in, Mike pushed by the clerks and scriveners in the outer offices and armed with the majesty of the law, boldly forced his way into the lawyer"s sanctum. Marching up to him, he demanded in a loud voice:
"Are you Van Rennsellaer?"
The lawyer, exceedingly astonished, replied, with what dignity he was able to a.s.sume under the circ.u.mstances;
"I am Mister Winthrop Van Rennsellaer."
"Come wid me!" ordered Mike.