Omaha Daily Bee Newspaper, February 5, 1910, Page 5

= g ‘ ¢ [ Some Things You Want to Know ] Technicalities The convention vhich President Taft hopgs to eall for the purpose of finding ways and means of simplifying legal pro- cedure will have work a-plenty. Besldes the proverblal slowness with which mod- (rn justice uses its balances to determine the right, there are hundreds of techni- calities which moté often defeat the onds justice than subserve them. That apoeryphal verdict, “guilty, but not proven,” finds many more or less exact counterparts in legal procedure. A leg- telator ones, was indlcted for bribery. He was tried and acquitted. Asked about the outcome, he replied: “Vindicated, sir, vin- dicated.” “A verdiet of not gulity, then, I Buppose?”’ pressed the questioner. “'Weil, not exactly,” answered the statesman in ® flush of honesty. “The indictment read that 1 was a member of the assembly, whereas 1 was a member of the legisla- ture. It further set forth that I had ac- cepted a bribe, whercas It was proved only that 1 took the money." in another case an old colored man ap- peared before a police judge for stealing ‘ehickéns~ As he came befors the bar the Judgs asked him if he were the defendant. He roplied: “No, sah, thet gent'mum ober dar is de one what does de defendin’. I'se de gent what stole de chickens.” Yet ho was permitted to plead not guilty, and “de gent'mum ober dar’ put up such a detense for him that he went scot free. Some years ago & man by the name of John Smith owed & St. Louls merchant a sum of modey. This merchant discovered that an Illinols firm was indebted to a John Smith, so he garnisheed the money in the hands of the firm and collected it. Later the John Smith who was the creditor of the Nliinois firm came to collect his bill. He was told that his money had been gar- nisheed for the satistaction of the debt due the St. Louls merchant. But he had never owed anything <o the St. Louls mer- chant. It was & clear case of mistaken identity., His money had been taken to satisfy the debt of another John Smith. He brought suit against che St. Loula merchant to recover his muney. He had never owed this merchant a cent in his life und was prepared to prove it, but the court held that it could hot right the wrong it had done him. Chicago offers a well known inatance of the ends of justice being defeated by a technicality. A notorious character was arrested while dressed In the garb of a woman. He was tried and sentenced as a woman. Afterward he took advantage of his knowledgo of the technicalities of the law and declared that he was a man. The courts held that a man could not be kept in prison after having been tried and con- victed as a woman. In Missourl a woman and her child were murdered by a man who wanted the vie- tim to leave her husband and elope with him. He was arrested, pleaded insanity, but was sentenced to be hanged. By for- gery he sécured momey to carry an ap- peal to the supreme court. All the lower courts upheld the verdiet of the trial court, and yet the supreme court reversed it and the prisoner dfed a free man. The affirmation of thirteen judges was uot- welghed by the dissension of five, In another case the récord in a murder case failed to say that the prisoner was ar- ralgned and pleaded not gullty, although the context abundantly showed It. Yet on this technleality the prisoner escaped by the reversal of the verdict of the lower eourt. President Taft himself had some experi- ences with the delays of the law. Years ago the people of his home oity became tired of these delays and injustices and burned the court house as an avidence of their Impatience. Mr. Taft visited Colum- bus and was heard by the judiclary com- mittee of the legisiature. He appealed for a reduetion in the number of pre-emptory challenges in criminal trials from twenty- three to twelve. The chairman of the committee settled back and observed: “Why, | have seen the time when I would have glven my entire fee in a oase to have had the twenty-fourth pre-emptory chal- lenge!” Mr. Taft declares tHat the law- yers are pennywise and pound foolish— that through delays, technicalities and ex- pensive procedure, they are forcing men to arbitration who would otherwise ap- penl to the courts. The law provides certain protection to accused persdns, and often these safe- TERRIBLE CASE CF ECTEMA CURED Body and Face Covered with Itching, Painful Eruption—5 Years of Suffering Beyond Description— Thought Death was Near, WANTS WORLD TO KNOW OF CURE BY CUTICURA “No tongue can tell how I suffered for five years with itching and bleeding eczema, until 1 was cured by the Cuticura Remedies, and I am 80 teful I want ti Er.l‘(rfucc were 00' R of the Law. guards produce anamolous conditions, instance, a highway robber attempts to hold up & man. He Is stabbeéd by the in- tended victim, who escapes. An officer, In For arresting the highwayman, discovers the stab wound. It-is the best link in the chain of evidence and would make the con- viction of the would-be robber certaly, yet under legal procedure It is not ad ble as evidence. If the highwayman had been successtul in his attempted holdup, he would have been searched from head to foot and this evidence brought out against him. A jury may resort to any sort of tacties to decide a case, even to the flip- ping of @ coln or by drawing straws, and the court Is powerless to invade the jury room with its questions. But if a peeping balliff or an eavesdropping clerk ochances to see or hear something, his tale is com- petent evidence against the jury. If a man owes another $10,00 and finally 18 able to prevail upon his creditor to scale down the obligation to 39,000, the creditor, or his heirs, after having ac- cepted the $0,000, can reconsider the mat- ter and enter suit for the remainder of the debt, on the ground that there was no “consideration” for the remission of the balance unpaid. But If a debtor bethinks Pinrelf to add a rusty nail, & red rose, a fish hook or some other minute thing, he complies with the law of ‘‘consideration” and the debt is satisfied in full without recourse. In some’states if one man owes another, pays the debt and then loses his receipt, he can be forced to pay the money again; and If be should afterward find his lost receipt he cannot compel the creditor to return the money erroneously collected the second time. The ground upon which the courts hold that he cannot recover his money, though he holds two receipts, s that there must be an end to litigation. Thus the ocreditor may, with the full knowledge of the court, retain money that he unjustly coliected through the machin- ery of that same court. Sometimes there are judges who dislike technicalities. Not long ago a New York judge was hearing a case of assault and battery. The plaintift had addressed in- | sulting language to the defendant while the latter was out walking with his wife, and was severely pummelled therefore. . In addressing the jury after the evidence was in, the judge said: “If I had been out walking with my wife and the plaintift had addressed me In such terms as it s not denfed he addressed the defendant, I would have given him such a beating that the one he got from the defendant would have seemed ke play in comparison. But, gentiemen, that fs not law. Take the The jury seemed to think It was law, however, by the character of the ver- dict it returned. In most of the states the absence of a will makes the law of inheritance carry out the natural desire of man that his prop- erty pass to his direct descendants, but sometimes an entire estate or a large part of it is diverted to people of no blood rela’ tion whatever. Here is a case in point: A wealthy man dled leaving his property to an only daughter. She died and it de- 4 scended to her two sons. The one son ¢ married and had a family. The other died without children dnd without a will. His property reverted to his father, who In the meantime had marrfed again and had children: of the mecond wife. . Thus was half of a large estate diverted from its natural descent to allen hands, plainly | contrary to what naturally would havo been the will of him who had accumu- | Iated it. | Laws are often 5o contradictory in thelr terms that it ls impossible to observe them | all. Sometimes one section of a statute prohibits by Indirection the very thing another section specifically requires. A school law in one state provides that no| school shall be kept open lees than a given number of days In each yenr. Yet in the next paragraph a Hmit of taxation is given which 18 too low to permit the schools to be kept open that long. Even the greatest of lawyers have some- times been unable to comply with the very laws they assisted In making. Sam- uel J. Tilden, candldate for president of the United States and one of the fore- most lawyers of his time, wrote his will in such & way that it falled to pass muster when brought into court. A mere tech- nicality stood In the way of the fulfill- ment of his dying desire. Many other in- \ stances of lawyers who made a dismal fallure of writing their own wills could be olted: The delays of the law are no less pro- verblal than the defeats which justice sus- tains through technicalities. An Indlana calf case is an Instance of how Iftigation may survive even the cause at issue. Two tarmers became involved in a dispute over the ownership of a calf. They could not settle thelr differonces between themselves, 50 they took their troubles to court. The case went froin one stage to another. Meanwhile the calf grew Lo maturity and treme or modest. something to suit you. $30.00. All at one price, Saturday— $1L.75 FEBRUARY 5, 1910. None of these garments sold for less than $15.00 -—the others at $16.50, $17.50, $18.00, $20.00, $22.50, $25.00; $27.50 and @ ing so great as to make all previous clothing Now for a Sale, Clothing Sale... A marvelous selling of the best clothing the whole country affords. A price sever- gales in Omaha ancient history—values of such superior worth and convincing reliability that we invite the critical investigation of the most skeptical shoppers. good, This sale is just a Overcoats.... collar—two collars in one. styles made and best we’ve had—coats in a ‘We have § N men. There are many in this mamioth lot of DOUGLAS B the greater number at $20.00, $22.50 -and $25.00. $16.50 and $15.00. All marked at oue/priw— We make you no extravagant statements to destroy your confidence or to make you a disappointed patron. We just offer you at this gigantic selling of clothes SUITS and OVERCOATS from the ‘‘WORLD'S MASTER TAILORS’ that everybody Il’:l.:;owa. ’ ; 4 iy ‘Kuppenheimer,” **Stein-Bloch™ and “*Society Brand Clothes™ Therg are none better and the greater majority of makes not half as 311 75 | Choice SUITS, OVERCOATS, TOP COATS and RAINCOATS, that sold at $15, $16.50, $17.50, $18, $20, $22.50, $25, $27.50, $30. 44, Look at our big window display and you will realize how great a sacrifice has been made—just what to expect and GET Suits... Fvery fashionable fabric is represented in this superb collection of gar- ments—not a back number in the whole assortment. Fancy or plain, ex- In colors—in black or in blue, as you like. grand final to a magnificent season’s business, Our entire stock of fancy overcoats included in this great sale—and a goodly portion of the black dress overcoats. Every style fashion among them—short coats, medium length coats, long coats; coats with presto The Auto collar and regular, The best ny style for any kind of coats that sold at $30.00— A few that sold at SILTS A grand investment . next seagon. dled. But still the easé went on and the costs became the lssue instead of the calf iteelf, Years afterward, when the court of last resort was reached, it was found that one of the parties to the suit had died of 0ld age before seeing the end of the litigation. arly every court in the land is clogged with business. Especially is this true of | the courts of appeal. It Is belleved that over vne-third of the cases that are car- | rled from trial courts to those of appeal | are reversed, and in nearly every case the reversal is on technicalities. This re- versal of trial courts has become so serl- ous, in many cases manifestly thwarting the ends of simple justice, that many of | the higher courts have decided that here- COMPLAINT ~ FROM ELKIN Senator Charges that His Food Reso- lution Was Sidetracked. ALMOST READY TO “INSURGE” Says Inquiry is Prevent liguiry Into Effee Taritf and Prices. Belng Shaped ot to Trasts o WASHINGTON, Feb. 4.—S8enator Elkin® | with sores. One day it would seem to bet k out most terrible pain and itching. 1 have been sick several times, but never in my life did I experience such awful fering &s with this eczema. I had ul my mind that death was near at and I longed for that time when I would be at rest. 1 had tried many different doa&on and m::icln- without suocess, and my mot! the Outicurs_Remed them. I to feel I 3 th‘:’flm, bath with Cuticura Soap, one application Cuticura Ointment. “T continued with the Cuticura Soap and Cuticura Ointment, and ve taken four bottles of Cuticura Resolv- ent, consider myself well. This yur1 and I have had of the trouble since. An: aboy this Altie Etson, 0 Mich., Oct. The suff and Cuf tment A o fiven. and the ‘which Cu vo “‘::5 ants ng, 9 cured ticura, in bodlyuqu-."-wd-tdh ), O (80e ), ). wre after, unless it can be shown that sub. | Yesterday made bitter complaint in senaie stantial injustice has beon done by the |ORCerning the treatment of himsc verdict of the trial court, its findings win | connection with, his resolution providi | not be set astde. | for an Investigation into the higzh pr | of tood products. He charged Senator Ald rich with” a desire to shield the tavii law and the frusts in the Inquiry and he | Intimated that hereafter he might be un | “insurgent,”, 1t his wishes dld not receive more respectful consideration The discussion was precipliated by ator Stone, who, soon after tho report- | ing of the Lodge risolution in mock so- |lemnity, ralsed the questiom whether the | committee on centingent expenses had vet | reported the Elkins resolution, | | By FREDERIC J. HASKIN. Tomorrow — DELICATE SCIENTIFIC INSTRUMENTS. Engineer is Whirled to Death Sen- 1 which had Thomas Parks of Des Moines Caught | TOF"C "0 03 early last month. e | in Shafting and Literally sponding, Mr. Kean said that probably Threshed to Pieces. DES MOINES, la, Feb. 4~While re- palring the machinery in the Des Moines | Cabinet company's plant tonight, Thomas Parks, the enginger, was caught in the shafting and literally threshed to pleces. Employes were attracted by his cries, and | when they arrived he was whirling about in the alr at the rate of sixty revolutions | & minute. . Missouri Towns Go Dry.. JOPLIN, Mo, Feb. 3.—By majorities of 17 and 132, respectively, Carthage and Carterville adopted prohibition in elec- | tions that closed a county-wide local op- tion campaign today. The elections were marked by great excitement. Returns from all over the county assure county-wide cu 50 ) and. 1 'nm:u:nnuni_’wfl ter Drie corp. 00 RO 157 Coldimbum Aye So-ualled Free 7uticurs Book on SKin Diseases };rohlbluon by probably 2 majority. | his will leave Joplin the only “wet”’ spot lin Jasver county. | tor Coughs, Colds, | [y '8 ln’ 1 ‘eatip, Whooping-Cough, Pronchitia, Gripres s, 6LEss, 0LV, L 4 46 £als und sure. | | the consideration of the tariff, when I got .| by voting for everything else that he measure woul ported soon. Taking the floor Mr. be amended and r Blking complain | | e | of the fact that the finanlé comm 1ad reported the Ledge resolution after | \ day's consideration, whereas his own | \sure had been held up by the con- ngent committee for a month. No Reuson to Dodwe. s contended that many import- | ant featur:s of his measure had been | omitted from the lLudge resolution and asserted that it has been ‘o framed as w0 avold any inquiry into the effect of | he taritt on fogd price “Why do you want ¢ asked, and added mysclt and 1 am o dodge the tariff? | “I am a tarift man | not afraid to face the | uton in conuection with this investi- wtion., 1o then referred to the partic'pation of Galrman Aldrich of ihe finamce commit- in the preparation of the taritf bill and 1o declared he was quick to act in any- thing alfectirg “his child, | When Mr. Lodge read his resolution as | amended by the finance committee for the | | purpuse of showing that it proposes to in- clude the cffect of the tariff in its in-| quiry, the West Virginia senator was still | unsatisticd and he declared the measure as | method of sidetracking | reported ‘‘a mere the question, while his own method had | been so manipulated as to cuuse it to sleep the sloep of death | At this juncture Mr. Bailey suggested to Mr. Elkins, that if he desired to get action | by the finance committee he should get on that committee. “I suppose so,” responded | Mr, Eikine. “I never have gotten any- thing out of that comittec except during| a few droppings by begging for them and was suggested.” » When Mr. Balley further suggested that in order to become effective, Mr. Blkins should become an “insurgent” the West Virginian jokingly responded that he might do so. “I could not do it while the tariff bill was pending, but now I have more water to swiin-in—more sea room. . Colloguy with Aldrich, Mr. Aldrich replied that the Lodge reso- iution was mueh broader than Mr. Elklas had represented. “Let's wee,” iceponded Mr. Elkins, “if| it Is; where Is there anything in it about as referred to the commitiec on con- trusts and monopolics? Are they to be|iingent expenses and when that committo investigated as (o thelr offect on food | reports it will be taken up by the senaté prices? Let's see who IS nursing them.” | and probably adopted. Mr. Aldrich responded that he had no desire to dodgo a full inquiry nor to pro- tect any interests. Mr. Blking dpclared that the treatmient his resoluilcn had recelved was due to a desive to rob him of credit in conneetion with the matter ind prevent his parucipa- Mrs. Sunderland Sues for Divorce tion fn the inquls ! A “Do you think the trusts or the tasier| Daughter of J. C. Stubbs of Harriman responsiblo for the high prices?" asked System Files Suit at Reno, Mr. Aldrich. Mr. Elkins said he had desired that the Nevada, vestigation should develop that faet. He Geclared the country v.as alarmed over the| RINO, Nev., Feb. 4-8ult for divores sttuation. was flled here today by Mrs, Beulah Stubbs Relntroducing his resolution with a re-| Sunderland, daughter of"J, C. Stubbs, traf- quest t be referred to the finance at it fle director for the Harriman system, and committee, Mr. Elkins said: wife oi John Sundcrland, democratic na- o far 1'have kept in the procéssion | tional committeeman from Nevada. and stayed on the resecvation. But ¥ dow't | The complaint fs a sealed document and have to stay there always; tariff laws do | .he nature of the allegatiors cannot be de- not live forever." As amonded by he committes the Lodge resolution provides for a select invesi! gating committee of seven. The resolution termined until the defendant, who s tiow | in San Fiancleco, appears in the case, Mrs. Sunderland, who, prior to her mar- riage, which took place in Chicago several | vears ago, was Miss Buelah Stubbs, is now with her parents in that elty. | CHICAQO, Feb. 4.—Mrs. J. C. Stubbs, the mother of Mfs. Sunderland, eald that the report that' her daughter had flled a sult for divorce from John Sunderland at Reno, Nev,, was true, but she refused to make any further statement. Mre. Sunderland refused to be interviewed. {DRAKE PLAN HELD FRAUD NEW YORK, Feb. 4—8yrous M. Drake, {an elerly farmer of Huntsville, Minn., who claimed to be a descendant of Sir Francls Drake and an heir to an estate | of $200,000,000, was arrested today at the | Times Square postoffice by Inspector Kent on the charge of using the malls In con- nection with & scheme to defraud others who belleved themselves to be heirs of the tamous British admiral. Drake was held in $3,000 ba!l for examination. |Farmer Interested in Claim to | Eutate of Sir W | Arrested. | o Eeo Want Acs produce results. DRINKING Drink Habit Cured in Three Days, Without Hypodermic Injections and a Plain Contract Given Each Patient, The Neal internal treatment cures|drink to keep from becoming more the moderate and habitual drinker,|nervous, each and all, in fust thyee the periodical and excessive drinker, days, to the hour. Call or write Neal and the nervous man who has to|Institute, 1602 South Teath s tree:, | Omaha, Nebraska, for copy of free * book and contract. Everything strictly :ofl-!menull. Bank references furne shed.