"Are you able to employ counsel?"
He evidently wasn't able to employ counsel twenty minutes, even if it could be had at a dollar a day.
"Do you wish to have the Court appoint counsel for you?"
He saw no other way, so he said yes.
Where criminals are too poor to employ counsel the Court selects a poor but honest young lawyer, who practices on the defendant. I was appointed that way myself once to defend a man who swears he will kill me as soon as he gets out of the penitentiary.
William Johnson was peculiarly unfortunate in the election of his counsel. The man who was appointed to defend him was a very much overestimated young man who started the movement himself. He was courageous, however, and perfectly willing to wade in where angels would naturally hang back. His brain would not have soiled the finest fabric, but his egotism had a biceps muscle on it like a loaf of Vienna bread. He was the kind of young man who loves to go and see the drama and explain it along about five minutes in advance of the company in a loud, trenchant voice.
He defended William Johnson. Thus in the prime of life, hardly understanding a word of the trial, stunned, helpless, alone, the latter began upon his term of five years in the penitentiary. His patient, gentle face impressed me as it did others, and his very helplessness thus became his greatest help.
It is not egotism which prompts me to tell here of what followed. It was but natural that I should go to Judge Blair, who, besides being the most popular Judge in the West, had, as I knew, a kind heart. He agreed with me that Johnson's side of the case had not been properly presented and that the jury had grave doubts about the horses having been worth enough to constitute a felony even if Johnson had unlawfully taken them. Other lawyers said that at the worst it was a civil offense, or trover, or trespass, or wilful negligence, or embezzlement, or conversion, but that the remedy was by civil process. One lawyer said it was an outrage, and Charlie Bramel said that if Johnson would put up $50 he would agree to jerk him out of the jug on a writ of habeas corpus before dinner.
Seeing how the sentiment ran, I resolved to start a petition for Johnson's pardon. I got the signatures of the Court, the court officers, the jury and the leading men of business in the country. Just as I was about to take it to Gov. Thayer, there was an incident at the penitentiary. William Johnson had won the hearts of the Warden and the guards to that extent that he was sent out one afternoon to assist one of the guards in overseeing the labor of a squad working in a stone quarry near by. Taking advantage of a time when the guard was a few hundred feet away, the other convicts knocked Johnson down and tried to get away. He got up, however, and interested them till the guard got to him and the escape was prevented. Johnson waited till all was secure again, and then fainted from loss of blood occasioned by a scalp wound over which he had a long fight afterward with erysipelas.