Mr. Stern. Yes; I see. Did he elaborate on his statement to you that he preferred a lawyer who believed in what he believed in, or was this as——
Mr. Nichols. Not at all. He said—I didn't ask him, because I didn't know any lawyers—and I didn't know what he believed in, and I really wasn't concerned at that stage in the man's beliefs or what he had done or not done, actually, I just wanted—the man was in jail, and it occurred to me that it would be easy to overlook his rights at that time in view of the great emotion and somebody ought to determine whether or not he wanted a lawyer, and I decided as president of the bar association maybe that was my job to do it, so, I went up there to see about it.
Mr. Stern. You say he said he wanted a lawyer who believed in his innocence?
Mr. Nichols. As much as he could.
Mr. Stern. As he could?
Mr. Nichols. Yes.
Mr. Stern. Did he elaborate?
Mr. Nichols. No; and I didn't ask him to elaborate on it because at that stage I didn't know to what extent I would, or wanted to, or should become embroiled in the facts. I wanted to know whether he needed a lawyer, and I didn't anticipate that I would be his lawyer, because I don't practice criminal law. They asked me, the newspapers did, and I honestly don't know what my answer would have been if they had asked me, "Well, will you represent him?"
We can debate about that now until doomsday. All I know is when I went up to talk to him I did not anticipate being the lawyer, because I don't practice criminal law, although, when I talked to Henry Wade he said, jokingly, I hope it was jokingly, and if the guy wants a lawyer he was going to request the judge that he appoint me and the president of the criminal bar association to represent him. I took that to be not a serious suggestion, because he knows that I don't practice criminal law, although, on reflection that probably would have been a good recommendation, since generally, I suppose, that if they appointed the president of the bar association they couldn't say that he was getting inferior representation. I am not bragging about that, but normally, I think that would be the normal reaction that if they appointed the president of the criminal bar association and the president of the local bar association then at least the man would be represented.
Mr. Stern. What is the practice in this jurisdiction regarding the appointment of counsel for indigents accused in criminal cases?