Evening Republican, Volume 15, Number 55, Rensselaer, Jasper County, 6 March 1911 — Threat to Sing Duet Wins Judgment [ARTICLE+ILLUSTRATION]

Threat to Sing Duet Wins Judgment

OMAHA, Neb. —In addition to musie “having charms to soothe the savage breast,” it has been discovered that it has the power to bring about m. verdict in the courts. This has,been 4emonstrated to Judge Sears’ division of the district court in this city. The case on trial was one wherein a wife was suing for $5,000 damages. The allegation being that a saloon !Jweper had sold liquor to the plain•tiffs husband until he had become a drunkard. H. C. Murphy cepresented the plaintiff and A. H. Murdock and A. C. Panacoast were attorneys for the defendant. The testimony had -been introduced, when Murphy announced that, instead of arguing the case, he would read the "Drunkard’s

Lament,” after which he would recite excerpts from Ten Nights In a Barroom,” thereafter letting the Jury decide without further argument. Murdock and Panacoast stated their willingness to submit the case without argument, but before doing so they Wanted permission to sing a duet. A settlement was reached by conference and a substantial judgment agreed upon in favor of the plaintiff. Murphy one year ago won an important suit by singing to the Jury after he had completed his argument He sang a few stanzas of a familiar old song. Without leaving the box the Jury returned a verdict for his client. Opposing attorneys appealed, alleging that Murphy in singing went outside the record, that his conduct was improper and that having a fine and well-trained voice, he took undue advantage of counsel on. the other side. The Supreme court held with Murphy, deciding that an attorney could talk or sing his arguments to the jury and that there was no statute against- such proceedings. '