K.t.K.
lawyers defending scum bags
Fri Aug 30, 2019 09:28
2605:6000:8e00:d900:ec95:1407:2319:586f

Not only Tom Fitch, but his kid brother - HONORABLE Francis Fitch Esq. - could get a murderer and bunko-man off scot-free. For instance one of the notorious Creek brothers at Durango:

"A Gamblers Boast.
Durango, Col., April 2. - C. L. Creek, of this place is a gambler and has a bad reputation. A feud of long standing has existed between him and Marshal Heck, and Creek has frequently boasted that Heck could not take him alive. Yesterday afternoon a warrant for Creek's arrest was placed in Constable Heck's hands, and the two met in front of the post office, when twenty feet away Heck with drawn revolver ordered Creek to hold up his hands. The answer was a shot from Creek, the ball passing through the officer's body near the nipple. The two men then emptied their weapons at each other, standing almost in their tracks. When the shooting was over, Constable Heck fell, having received three shots in the body. Creek was shot in the side and once in the foot, nether wound being dangerous. Heck is mortally wounded." [Harrisburg Daily independent - April 2, 1886 & new York Times - April 3, 1886]

Charley Creek then jumped his bail and fled to Texas; perhaps San Antonio where years before his kid brother had sought refuge from the law. It took quite a while for the Rocky Mountain Detective Agency to track him down. Enter Francis Fitch and team for the trial in 1887:

"Durango, Colo., May 6.- A most interesting trial is just concluded in C. D. Hayt's court. C. L. Creek was tried for murder in the first degree for killing M. L. Heck a year ago. Trial occupied three days. Francis Fitch opened the argument for the defense, followed by Hon. Adair Wilson and N. C. Campbell. Fitch made a masterly effort. The jury returned a verdict at 9:00 o'clock this evening of not guilty. Creek is free. He says he will pay his bondmen, whom it cost eight hundred to capture him in Texas in January. The fight is regarded as a duel. The verdict is generally accepted as all right." [Denver Rocky Mountain news - May 7, 1887]

Thanks Fitch. But I thought Creek had resisted arrest by warrant, not to mention firing the first shot at an officer serving the warrant. Go figure, and Go Fitches!

  • Earp's attorney struts his lack of stuffTom Gaumer, Fri Aug 30 05:58
    Suggested improvements on answers to Thomas Fitch questions. This to make a point to the judge about Mr. Fitch’s honesty or, less likely, to bungle into a trap by Fitch. Question to Billy Claiborne,... more
    • lawyers defending scum bags — K.t.K., Fri Aug 30 09:28
      • Re: lawyers defending scum bagsBob Cash, Fri Aug 30 11:52
        Kenny, could gambler, bunco man C. L. Creek possibly the who Robert Wright was referring to as Doc Holliday's partner in hid book about Dodge City?
        • No, that was his brother...K.t.K., Fri Aug 30 12:38
          ...F. D. Creek, four years younger. Compared to Charles, Floyd aspired to the highest levels of bunko. Beginning about 1869 (ages about 24 & 29) hey had a gang working the Fort Scott depot fleecing... more
      • Re: lawyers defending scum bagsDaniel Buck, Fri Aug 30 11:09
        Gary, it's always struck me that three kinds of defendants need an attorney, the innocent, the guilty, and those who are not quite sure. :-) Dan
    • Lack of Stuff?Gary Roberts, Fri Aug 30 08:39
      Tom, I'm not sure what your problem is with Fitch's questions. His job was to raise doubts about the prosecution's case by impugning the testimony of the prosecution's witness (and using some other... more
      • Welcome back Gary. (nm)Peter Brand, Sat Aug 31 18:56
      • P.S.Tom Gaumer, Fri Aug 30 22:56
        Gary "Tom, I'm not sure what your problem is with Fitch's questions. His job was to raise doubts about the prosecution's case by impugning the testimony of the prosecution's witness (and using some... more
        • "What kind of pistol?"Steve Gatto, Sat Aug 31 05:24
          Tom, One of my favorite examples of clairvoyance between Fitch (presumably it was Fitch asking the questions) and a witness occurs in Hatch's testimony when describing Doc's pistol: "Q. What... more
          • This can get a little complicated--Yes?Tom Gaumer, Sat Aug 31 12:27
            Howdy Steve With contradictory information it is hard to understand what was going on. The question of Doc's armament and how he used it is a tough one. Fitch would not give up on a story he found... more
        • Are you serious?Jeff Morey, Sat Aug 31 02:40
          Tom, Are you being serious? Do you actually believe that Thomas Fitch was wickedly trying to hoodwink Wells Spicer by posing the questions you cited? I swear, sometimes I think you have lost your... more
          • Senses! I don't have no stinking senses!!Tom Gaumer, Sat Aug 31 13:22
            Jeff I think the lying Fitch was using is usually used in cases where a jury is present in hopes of poisoning the thinking of a least one to get a not guilty. Can also be used to undermine a witness... more
            • You outrage is outrageous!Jeff Morey, Tue Sep 3 08:51
              Tom, Your sense of moral indignation is histrionic. hyperbolic, excessive, extreme, over-the-top, exaggerated and woefully unconvincing. Fitch isn’t “lying”. He’s asking Ike Clanton questions. Does... more
              • our outrage at my outrage you perceive is funnyTom Gaumer, Wed Sep 4 04:50
                Jeff I'm not outraged just observant of ethics by sleazy and/or tricky lawyers. Obviously a lawyer’s questions and the answers are meant to influence the jury and/or the judge and now days the... more
      • “Provables”?Jeff Morey, Fri Aug 30 14:53
        Gary, It’s good to see you back on this Forum. I don’t know what to make of the question to Billy Claiborne asking if he “enjoyed” watching the gunfight. It’s hard to understand why the Prosecution... more
      • Gary, Gary, Gary - Since You and I have neverTom Gaumer, Fri Aug 30 13:02
        Gary met or communicated before I can understand why you might be unaware of the existence of a red tail and black horns protruding from myself. Had you that knowledge you might be more sure of which ... more
        • Fitch's legal skillsGary Roberts, Sun Sep 8 14:19
          Tom, I'm not a lawyer, nor do I play one on TV. Nor do I claim to be an expert on legal history or Tom Fitch. But I continue to be troubled by your concept of legal practice and what you call "lies." ... more
          • Fitch ethical/lying problems and legal skillThomas Gaumer, Mon Sep 9 00:54
            Now, you may have a record of Fitch's lack of character, dedication to winning at any cost, and lying, but, though controversial at times, I have not seen the case made. And I disagree that the... more
            • Hell, TomGary Roberts, Wed Sep 11 13:13
              I've been trying to figure out this bloody half-minute since 1957. It hardly seems worth the effort, looking back, but I don't regret it. I'm tramped the streets of Tombstone figuratively for all... more
              • Hell GaryThomas Gaumer, Thu Sep 12 12:34
                I don't expect to figure it out, having gone from one view to another and back again several times. However there is one thing I am sure about Everyone agrees that Gary Roberts is someone we should... more
          • so I have no reason to respond to your biography of Fitch as a well known and famous and accomplished man and will skip that. I also used the word lie to focus on the issues, apparently it worked... more
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