388

THE GREEN BAG

particularly unusual or significant in this greet ing. "Bill" Potter was always a welcome and privileged guest in that office. In fact, the possibilities of Potter's usefulness at that critical period did not at first dawn on Dolbin's mind. But he was a man who readily recognized the "time and chance that happeneth to all men. " A scheme formulated itself as he pur sued the usual inquiries as to the health of Bill's family, individually and collectively, and the condition of things generally at the old town and on the ranch. "Bill," he continued in pursuance of his scheme, "I haven't seen half enough of you. I have to go to court at once. I have a little case set for this morning. It won't take long. Come right along with me." So they went to court and as they entered the court-room, the judge was just calling the case of the State v. Jones, Dolbin's case. The lawyer very naturally, and in further ance of his plan of action, invited Bill to come and sit down next to him inside the Bar, at the table alloted to counsel. "Are you ready, Mr. Prosecuting Attorney," asked the court, and Mr. Prosecuting Attor ney replied, "Yes." To the same inquiry Mr. Dolbin made the same reply, and the court instructed the sheriff to call a jury, which was accordingly done. It was a case of robbery, and after stating the general nature of it to the jury, Mr. Prose cuting Attorney asked the usual questions as to competency of the members of the jury to serve. "Do you, any of you, gentlemen, know the defendant in this case?" he inquired. None of them knew Mr. William Potter whom they supposed to be the defendant. He was the only man at hand who might seem to fill the bill. Dolbin volunteered no information. He did not think it incumbent upon him at that time. Potter was then figuring in his mind his chance of profit on that last bunch of short-horn feeders for which he had paid four cents with corn at fifty cents, and scarce at that. Jurymen did not then interest him any more than missionaries to Africa. His thoughts were afield. The jurymen for the case were soon chosen. Dolbin wasn't particular.

The prosecuting attorney opened the case. His witnesses proved the fact that a store had been broken into and a strange man seen hanging around the night of the robbery. "Was this the man?" he asked pointing to William Potter. That gentleman was in the midst of an absorbing meditation on wind-mills, watertanks, and pumps. Dolbin was perusing the Revised Statutes. The witness looked at Potter, seemed puzzled. "Can't say he is. Doesn't look much like the fellow I saw," he answered. He was ex cused. His testimony was not very satis factory to the prosecution. Neither was that of the other witnesses. They could not identify William Potter as the robber. The prosecuting attorney looked surprised. Dolbin looked out of the window, a suspicion of a smile on his face. Potter didn't look at all. He had now reached the consideration of the relative merits of alfalfa and buffalo grass. The prosecuting attorney became tired and rested his case. Dolbin, in a nonchalant way, handed the court a written demurrer to the evidence and the court took the case from the jury saying to the prosecuting attorney: "I do not see that you have connected this man with the larceny. I shall, accordingly, sustain the demurrer. The jury is discharged." Dolbin's client was free. So was Potter. He had served his purpose, and followed Dol bin out of court. It would be useless to attempt to describe the volcanic eruption that took place when Martin told William the extent and purpose of his vicariousness. Mont Pelde, wasn't a comparison. The bonds of friendship be tween the lawyer and the cattle-man were severely strained that day. A keen sense of humor and appreciation of strategy and tri umph over difficulties, however, finally proved to be the necessary extinguisher of the con suming fire and William Potter to-day is firmly convinced that Martin Dolbin is the greatest lawyer west of the Mississippi. FRANCIS A. LEACH. KANSAS CITY, Mo., May, 1905.