Hammond Times, Volume 1, Number 28, Hammond, Lake County, 20 July 1906 — Page 5

FRIDAY, JULY 20, 1906.

THE LAKE COUNTY TIMES PAGE FIVE

Souvenir and Comic

CARDS

REMARKS BY JEROME

SLIPS OF NOVELISTS

He Pays Some Attention to the President's Criticism of Judge Humphreys.

LEGAL MISTAKES THAT HAVE BEEN MADE BY GREAT AUTHORS.

ATIONERY

THINKS IT WAS VERY WRONG

Illustrates the Power of Public Opinin Two States.

JOS. W. WEIS, The Druggist 101 State Street. Will soon remove to 98 State Street.

YOU Will Miss It! If you try to ge along this winter without the proper kind of coal Always bear in mind that the best is the cheapest in the end. We sell the best coal that money can buy,

but we charge no more for it than you will have to pay for an infersor article Beckman, Klatt & Co. COAL. - FEED. - BUILDIND MATERIAL TELEPHONE 49 - 340 INDIANA AVE.

BAN

CITIZENS GERMAN NATIONAL

HAMMOND IND. Capital $100,000. Your Bank account is not too large. "Neither is it too small for the CITIZENS GERMAN NATIONAL BANK to handle. We solicit the same on the most liberal terms consistent with good Banking. 3 per cent interest paid on time certificates of deposits. Same issued from $1.00 up. Drafts to all parts of the World sold.

C C SMITH Pres GEO M EDER Cashier

W D WEIS M D Vice Pres E S EMERINE Ass't Cashier

DIRECTORS

CHAS SMITH C H FRIEDRICH J C BECKER

WM D WEIS HERMAN SCHREIBER H M PLASTER

A

G. W. HUNTER

utomobil

Best Eqipped Repair Shop in the State.

rage

Maine Can't Enforce Her Prohibition of Booze Nor New York Her Prohibition of Betting, He Says.

Compressed Air FREE. Bowser Gasoline System Phone 122 91 S. HOHMAN STREET Huehn Block, HAMOMND, IND

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without pub we will send Positively no

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Warm Springs, Pa., July 20.--The feature of the programme of the GeorBar association convention was the address of William Travis Jerome, district attorney of New York, who took as his subject "Public Opinion." The address was received with great enthusiasm by the 500 Georgia lawyers in attendance. J. H. Blount, ex-judge advocate of the Philippines, discussed the attitude of the United States to the Philippine possessions, criticising the

policy of retaining the islands, and urging that the Filipinos should be given their place among the nations of the earth. Takes a Whack at Roosevelt. In the course of his address Jerome referred to President Roosevelt's's criticism of a United States judge, say"There is one injustice which public opinion not infrequently does, and it is one which lawyers can do much to correct, and that is the critiof judges for decisions which they could not avoid making if they obeyed the law. The recent spectacle of the nation's chief executive, himself not a lawyer, criticising in a public docua federal judge for his decision on a point of law has not, I believe, commended itself to our profession. Public Made the Laws. "The laws are our laws. Public opinion made them and can change them. Every citizen has a right to criticise them and seek their amendment or repeal, but while they are our laws we want our judges to obey them, and not substitute for them something they deem in accord with a thing so mutable and so difficult to asas public opinion. The soundof a judge's legal judgment and the wisdom of a particular law may well be called in question, t an honest decision should not ex se the judge himself to criticism. In Maine and New York. "How potent public opinion is evis evident to the lawyer. What more solemn declaration of its will can a people make than to declare in its constitution that a thing shall not be done and that the legislative body shall enact suitable laws to prethe doing of the prohibited act? And yet has Maine, for example, been able to force its prohibitive laws? In my own state the constitution prohibgambling and enjoins the legislato pass laws to prevent it. The legislature, however, has dared to pass a law which while in form aimed to prevent gambling on race tracks was notoriously designed to protect it, and

this was possible only because public opinion permitted."

THEY'RE STILL AFTER ROSE Kansas Officials Propose to Keep the Defiant Mayor Busy While He Waits. Topeka, Kan., July 20.--In the Kanstate supreme court Attorney GenColeman filed a second contempt case against W. W. Rose, mayor of Kansas City, Kan. The court at once issued an order to Mayor Rose to apand show cause why he should not be adjudged in contempt for holdthe office of mayor of Kansas City after having been ousted by the court. The order is returnable July 30. The case is identical with the one now pending before the supreme court of the United States on a writ of error. Attorney General Coleman announced that he would continue to bring conproceedings against Mayor Rose as long as he held office until the first case was finally settled by the United States supreme court.

uel of the Hargis Verdict? ington, Ky., July 20.--A dispatch from Jackson, Breathitt county, states

that at Hiudman, Knott county, a. bloody clash occurred between feud

factions and several people were killed.

No names or particulars could be se

cured, as Hindman is not entered by telephone or telegraph line.

First class livery in connection. Night calls promptly attended.

LADY ASSISTANT Private ambulance Office open night and day

Will Obey the Pure Food Law. Chicago, July 20.--The executive

committee of the National Wholesale

Grocers Association of the United

States at a meeting here, adopted a resolution indorsing the new pure food law, with a determination to obey its mandates to the letter.

NICHOLAS EMMERLING uccessor to Krost & Emmerling UNDERTAKER AND FUNERAL DIRECTOR PRACTICAL EMBALMER. 211 Sib y Street, Hammond, Ind

Great Fire at Scotland. Dundee, Scotland, July 20.--A disfire broke out in the bonded warehouse of James Watson & Co., the largest concern of its kind in Scotland. Large quantities of blazing whisky ran into the street. The loss is estimated at $1,250,000.

Longworths Visit Rheims. Rheims, July 20.--Mr. and Mrs. Nicholas Longworth came to Rheims from Paris in an automobile. After visiting points of interest in the city they proceeded to Luxemburg, on their way to Baden-Baden.

Dickens and the Famous Case of Bardell Versus Plekwick--The Trial Scene In Reade's "Hard Cash." Trollope's Dip Into the Law. "Legal fictions." says one of Gilbert's gondoliers, "are solemn things." Yet it is curious how seldom a novelist ventures into a law court without drivhis quill through acts of parliament and rules of law alike. That Dickens' knowledge of law, like Mr. Weller's of London, was "extenand peculiar" is amply demonstrated by the famous case of Bardell versus Pickwick. Students of that remay have been struck by the fact that neither plaintiff nor defendant apin the witness box. The exis that at that time parties "upon the record" were not competent witnesses, their interest in the case beregarded as too strong a temptato, shall we say, inaccuracy. But had Dickens been a lawyer Mr. Winkle and his friends might also have been spared the ordeal of cross examination and their friends and admirers deof many merry moments. In his anxiety to satirize the abuses of cross examination Dickens overthe legal rule that the counsel who calls a witness is not permitted to cross examine him at all, but, on the contrary, is bound by his answers; therefore had Serjeant Buzfuz permitthe Pickwickians to be called as witnesses for the plaintiff (which he would have known better than to do) their version of the words heard through the door "on the jar" must have been accepted, and at the first atto badger either of them it would have been the learned counsel for the plaintiff who received his lordship's in"to be careful." But all lovers of Dickens will rejoice at his ignorance of the rule which forces counsel never to call a hostile witness. Who could bear to be deprivof the evidence of Mr. Samuel WelExactly the same mistake is made by Anthony Trollope in his well known novel, "The Three Clerks." There the hero, Alaric Tudor, is placed upon his trial for misappropriating trust money and defended by that famous leader, Mr. Chaffanbrass of the Old Bailey. Tudor's Mephistopheles, the Hon. UnScott, is called, much against his will, as a witness for the defense, cross examined by the celebrated Chafforced to confess his misand dismissed covered with ignominy, to be subsequently expelled from his club--poetic justice which would have been defeated even by a chairman of quarter sessions. The great theoretical and practical knowledge of law possessed by Charles Reade saved him from this error, as from many others. Yet the famous trial scene in "Hard Cash" would have been ruthlessly deprived of its most dramatic moment by any judge of the high court. When the hapless Alfred Har , who has been wrongfully imned in an asylum by his wicked father, comes at last to establish his sanity before a jury, his case is closed

by the reading of a letter from his

dead sister. Writing at the point of death, she solemnly denies his insanity and begs him to show her words to his accusers when she is no more. Read aloud by the judge himself, her letter reduces a crowded court to tears and goes far to secure her brother a triumverdict, with heavy damages. "Hard Cash" is termed "a matter of fact romance;" but, as a matter of fact and law, no such letter could have been received in evidence. Knowing that, under ordinary circumstances, such testimony would be inadmissible, Reade is careful to establish that the

writer knew herself to be dying; but he was unaware that a "dying declaratlon" is only admissible in evidence

upon a charge of murder or manslaughter of the person who has made it, and cannot be laid before the jury in any, other case whatever. Numerous and entertaining are the trial scenes which adorn the works of Mrs. Henry Wood, but they hardly profess to be strictly accurate. Let me point, rather, to an interesting slip on the part of that most careful of novelists, David Christie Murray, who shares to some extent the popular confusion on the subject of the law of libel and slander. His powerful story, "A Capful o' Nails," has for its hero a working nailer, who becomes an agitator on behalf of his much opclass. In consequence of a speech denouncing an unscrupulous employer he is prosecuted on a charge of criminal libel; but, thanks to a faithful friend and a smart lawyer, he emerges triumphantly. No fault can be found in this case with the way in which the villain is cross examined to pieces. The difficulty is that no such prosecution could have been instituted at all. You may slander a man by defamatory speech, but to libel him you must "write, print or otherwise permanently record" your defamation of him, and, though slander and libel alike may expose you to an action for damages, it is libel alone that can bring you within the grasp of the criminal law.

It is difficult to uphold this distinctlon. A libel is regarded as a public crime as well as a private wrong beit tends to provoke a breach of the peace, but one would think as much might be said of slander. Still the distinction exists, and the aggressor who confines his attack to words may suffer in purse, but not in person. Such are a few of the slips to which the novelist is liable who unwarily trespasses upon legal preserves.--Pear-Weekly.

A Go

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Opportunity

A chance for everyone to own a Home

The Hammond Realty Company will help you

WE are putting on the market seventy-five choice resident lots in East Lawn and McHie's Subdivision and will sell you your choice of any of these lots (now unsold) at the unusually moderate price of $200 each, and what is more, we will loan to every person paying; cash for his lot 75 per cent of the money required to build his home, at 6 per cent interest. All will be treated alike First come first served. Do not neglect this opportunity. It may never be offered again.

For information and particulars call at our office HAMMOND REALTY COMPANY Hammond Building or our Agents

GOSTLIN, MEYN & COMPANY 92 State Street

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A General Real Estate and Insurance business. Prompt attention given all business intrusted with us. A big snap in a twelve flat propopaying 12 per cent, This must be sold at once. REPRESENTATIVES OF THE EAST CHICAGO COMPANY OFFICE: P. O. BUILIDNG Phone 343 East Chicaao, Indiana

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We have them with or withcollars. Percales, mosateens, silk and silk mixtures. All sizes

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Special Sale Men's Suits and Trousers.

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HAMMOND. INDIANA.

"Real Estate in all Its Branches." Now is the time to buy yourself a home. We have houses and lots to suit the taste and purse of anyone. Come now before the prices begin to climb. They are low now, but are bound to go up. We have a few bargains left but they will soon be gone. Don't delay.

We List here a few of our Bargains

New 7 room house with bath; brick foundation, pavement and brick sewer paid for. 50x150 ft. lot, Calumet ave., $2,500. 6 room house, full 7 foot basement, ement floor, bath hot and cold water gas for light and 50 foot lot, cement sidewalk, fine lawn, Summer street, $2,100. 25 foot lot on State street across from Carter's livery barn, at a very reasonable figure, $2,300. 9 room house, 50 foot lot, Murray street, $1,400. 4 room cottage, 50 foot lot, paved street, E. Sibley street, $1,100. 6 room cottage, brick foundation, 37 1/2 foot lot, LaSalle street. $1,000. 42 foot lot on State and State Line streets at a bargain. Fine two flat building, 50 foot lot on Ogden street, $3,600. New 8 room house on Manilla avenue, $2,400. Michigan avenue 8 rooms, $2,100. 4 room cottage, brick foundation, $700. 5 room cottage, Chicago avenue, $1,000, easy payments. 9 room house, 50 foot lot, Sheffield avenue $2,500. 8 room house, 50 foot lot, Sheffield avenue, $2,000. . 4 room cottage, Oak street, north of Hoffman, 25 foot lot on easy pay ments, $750. 7 room cottage on Truman, near Oakley, 35 foot lot, $1,400. The above are but a few of the bargains we offer...If you wish to look into anything in the real estateline not listed above, call on us or write us. We can suit you. Gostllin, Meyn & Co., "Real Estate in all its Branches