Beginner’s Luck? My First Trial
By Jack Marwood Short

After being admitted to the bar on July 29, 1958, I settled into an office with Jim Bennett [RIP], an amiable, established lawyer in his own office building across the street from the Stephens County Courthouse in Duncan. I’d reached a goal and was ready to practice law. A month or so later, County Judge John Marshall [RIP] called and asked,“Are you a lawyer?” “Well,” I sorta stammered, “I’ve been admitted to practice law.” The judge said, “Let’s find out—I’m appointing you to represent John Doe (can’t recall his real name) charged with burglary of a service station in Marlow.” I promptly interviewed my first client accused of a crime—burglary in the second degree—in the county jail.

When my client and his co-defendant were arrested for speeding while driving south toward Wichita Falls, Texas, the arresting officers found a new set of automobile tires from the Marlow service station in their car. My client insisted to me he bought those tires from a man driving a green Chrysler on a country dirt road east of Duncan and if I could just get his bond lowered, he’d make bail, find that man and his case would be dismissed.

As an accommodation to a fledgling lawyer, District Judge Arthur J. Marmaduke [RIP] granted my motion and lowered the bond. My client posted bail and was released. Trial was set in mid-December. He assured me he’d look for that guy in the green Chrysler.

In November 1958 I learned my client had been caught red-handed burglarizing a service station in Lawton, had pled guilty, and he was already serving his new sentence.

Well, I thought that’s the end of the case—why prosecute my client further—he’s back in prison where he belongs and apparently wants to be. But, Clinton Dennis, the county attorney, didn’t agree. “No sir,” he said, “I’m not dismissing the charges against your client. Either he pleads guilty or we go to jury trial.” He also knew this would be my first jury trial. I visited the crime scene again looking for anything to build a defense. I should add, the co-defendant had retained Malcolm Baucum [RIP], an outstanding veteran criminal defense lawyer who got a severance. My client would be the first to go to trial.

We conferred at length with our clients about the plea agreement they had been offered. By Friday, they’d agreed to accept it. Judge Marmaduke convened the hearing about 9:30 a.m. He then read the information aloud and asked my client, “How do you plead?” We all expected a plea of guilty. But my client whispered in my ear, “I didn’t steal those tires, Mr. Short—would it make you mad if I refuse to plead guilty and go to trial?” I whispered back, “No, not at all—I’ll do my best –you’re the one that does the time if you’re convicted.” He said, “I know—let’s go to trial.”

I rose and informed the judge my client had changed his mind. With that his co-defendant did likewise. The judge calmly accepted the announcements and declared the jury trial would start at 9 a.m. the following Monday.

That was an anxious weekend with little sleep for me as I frantically prepared for my first trial. Back to the crime scene again, reviewing my notes, planning my opening statement and my cross-examination questions for the two or three state witnesses. I’d decided our only chance for an acquittal was to put my client on the witness stand—he agreed. He was a good witness. He admitted his burglary in Lawton, admitted he’d pled guilty there BUT he repeatedly insisted he did not steal those tires from the station in Marlow. Jerome Sullivan [RIP], an able, energetic assistant county attorney and a skilled prosecutor, cross-examined him vigorously. He just calmly admitted his substantial criminal history—he was a repeat offender—and emphatically denied stealing those tires from the station in Marlow.

In closing, I argued he surely must be telling the truth by admitting his past crimes including his recent burglary in Lawton then strongly denying theft of those tires.

Much to our amazement and delight the jury returned a not guilty verdict. Clinton Dennis was stunned. Believing his strongest case was against my client, he dismissed the case against the co-defendant.

Malcolm Baucum attended the two-day trial and told me I hadn’t done anything right but win. That putting my client on the stand was really risky. Beginner’s luck? Or dedicated preparation? Whatever, it was exciting!!!