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1 Closing Argument of Mr. N. C. Moak, in the Albany Oyer and Terminer, Monday, March 13, 1871, on Behalf of the Defendant, in the Case of the People v. John I. Filkins 1871

handle is hein.trials/abaa0001 and id is 1 raw text is: THE CLOSING ARGUMENT OF MR. N. C. MOAK, IN THE ALBANY OYER AND TERMINER, MONDAY, MARCH 13, 1871, ON BEHALF OF THE DEFENDANT, IN THE CASE OF THE PEOPLE v. JOHN I. FILKINS. GENTLEMEN OF THE JURY: I feel in this case that it has occupied considerable of your time, but that no apology is due from me on behalf of the defendant for the time it has occu- pied or may occupy. This case, to the defendant, is momentous in its consequences. It involves the question whether his character and his prospects are to be blasted for life; whether he is to be incarcerated in the State prison for twenty (certainly not less than five) years, and it involves to him the future of his entire life. He could hardly expect to find his wife alive, if he should be released from prison, twenty years from this time. The result, too, will be disastrous in the highest degree to his chil- dren now and through life. In a case of this character, a single slip by counsel never can be corrected if the client is convicted. Under such circumstances, I have felt that, in this case, it was my duty to urge every point, however trivial it might seem to others. I am the more anxious about this, because I knew a man, whose case is reported in the books (People v. Anderson, 14 Johnson, 294), who was convicted for stealing a trunk. A little beyond the village of Cherry Valley the trunk fell from the stage. It was seen a short time before in the boot of the stage, and was soon after that missed. On going back the driver could not find it. Two wit- nesses testified positively that Mr. Anderson, who lived at the foot of the hill near which the trunk was missed, was seen to leave his house, go to the turnpike and disappear in the woods above. The theory of the prosecution was, that he had seen the trunk fall from the stage, and had left his house, got the trunk, and taken it to the woods, and appropriated it and its contents to his own use. He was a man in respectable position, and owning a farm. He was convicted upon the positive testimony of two witnesses, but the conviction was set aside upon the technical ground, that larceny could not be committed by one who found property in a public highway. The man went to his grave, broken-hearted. The wife of the principal witness, who was a negro, was found, after his death, in possession of certain silver spoons which were in the trunk, and conceded her hus- band found it. Thus it was established that the man who had been accused was innocent, but his property had been dissipated, and he, though innocent, died a ruined man. I long ago made up my mind, after hearing the story of his wrongs, that a man might be in- nocent, although the circumstances might seem- ingly be strong against him. I also made up my mind that, in such a case, there should be no fault of mine and no neglect in defending any client, although I might seem to insist upon merely technical rules in his defense. It is not safe to disregard rules which long experi- ence has established as necessary to pro- tect life and liberty, however trivial they may seem, in any particular case. The defendant here has had much to meet in being brought to trial. Hehas not only to meet the public prosecutor - the District Attorney - but the Ajax of our State in criminal matters (Mr. Hadley), who appears here as counsel for

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