Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1882-11-30
groa Cnantp 2eaister.
UPROARoUs FUN IN COURT.
The Very Funny Editor of Funny
Paper Sued for Libel.
ERIE. Pa Nov. 10.

Quisite humor as the term of court now hold
ing. Among the indictments found by the
Grand Jury were three for criminal libel, the
defendants being John Boyer, editor of the
Daily Leuchtthurns, and Messrs. Frank Weiss
and Henry Herbst, editors of the Weekly
S0nntagsgdst, n humorous and illustrated
weekly. The prosecutor is John F1rch, a
young member of the Young Mems Christian
Association and of the Law and Order League.
Ffrch had played the part of amateur detec-
tive in the Leagues campaign against the
liquor dealers, and the funny paper published
a cartoon representing an artistic gallows,
with a strangled corpse attachment, bearing
q strong resemblance to Firch. The deepest
interest is manifested in the legal proceed
ings, the Young Mems Christian Association
being arrayed on the one side and the entire
German element on the other. The latter
were dismayed at the opening Of the Sessions
by the District Attorney claiming an ancient
right to ''stand aside" any juror called until
the box was filed with men acceptable to the
Commonwealth, the standing aside being in
dependent of the peremptory challenges, and
allowable to the extent of standing aside the
entire panel, practically enabling the Com
monwealth to get a jury of its own selection.
Such a practice was unknown in the Erie
courts. The District Attorney showed that
the right existed in an unrepealed statute of
King Edward l., enacted in the ninth century,
and sustained as good law by the Supreme
Court of Pennsylvania, because the statute
has never been repealed by Parliament or
Legislature. The Court had no alternative
but to rule in favor of the District ATTORNEY,
and, in consequence, no German or IriShman
could get into the box on the liquor trials.
This was blue prospect for the editors, and
naught but conviction stared them in the face.
The saddest-lookinS man attending court
is the editor of the funny paper, Frank Weiss.
To look at him one would naturally suppose
him to be an ascetic, his sombre expression
being strongly suggestive of self-abnegation
and funerals. But, withal, Weiss is the most
comical person within the purview of the
court. While sitting in court, with features
of imperturbable gravity, he conceived the
idea of turning the whole proceedings into
ridicule, and converting tragedy into travesty.
On the second morning after the Judge had
ruled in favor of the "stand aside" claim,
Weiss convulsed everybody by coming into
court with an armful of ancient legal litera-
ture, obtained by ransacking every law IL
brary in the city, and asserting right, under
the ruling of the Court ITO established his in
nocence by ordeal, or trial by combat. He
commended that if unrepealed ancient proce-
dure is good law his claim to demand the
sswagere of battle" was as just and equitable
as the "stand aside" privilege. Shrieks of
laughter followed the sadfaced mans de-
mand, irresistibly comical in itself, but the
more exquisite from the fact that he is a lit
tie, attennuated, weak-chested, asthmatic
weighing SO pounds, while his adversary is a
herculeanl Christian who tips the scale at 200
pounds, and before whom in q personal en-
counter the funny editor would melt away
like the hoar frost under the morning sun.
Weiss has carefully drawn up all his rights
under the unrepealed laws, and he proposes
to make this judicial district sick of King
Edward the First. These alleged rights are:
First-The ''ordeal of fire." He claims that
he can demand the establishment of his inno-
cence by Offering to plunge his arm in boiling
oil, pick up red-hot iron, or walk barefoot over
nine red hot ploughshares, and that If he sus-
tain no hurt by the operation his Innocence
will be proved, and the costs belong to the
prosecutor. But this test, after mature de-
liberation, he will waive. "All that remains"
says Wiess, sis to demand the trial by combat,
and may God defend the guiltless." He de-
scribes the procedure of this combat as fol-
lows, producing ancient authorityin its sup
port: The Judges and clergy are to assemble
on given day, and before them the accused
person must fling down his glove and declare
his intention to defend the same with his
body. The prosecutor will then pick it up
and announce his readiness to make good the
appeal, body for body. Then both men will
bring out their battle axes or javelins, and, |
kneeling before the Judges, will make oath
that the weapons have not been charmed by
witchcraft, &c. This done, each is to grasp
his axe in the right hand, and the left hand
of the other in his left The accused person
to say: "Hear this, o man, who callest thy
self John Firch by the name of baptism, that
/. who call myself Frank Weiss by the name
of baptism, did not libel you, so help me God
and all the saints" To which the accuser
will reply: "Hear me, o man, whom I holdb
the hand, and who calest myself Frank Weiss
blythe name of baptism, that do hold thee per-
tured, and this will prove with my body, so
help me God and all the saints" AT signal
of their corners and go for each other, and his
cause shall he deemed Just who succeeds in !
carving up the other before the going down
of the sun.
The merriment caused by Weiss's claim
can better be imagined than described. One
stout Juror came near having fit OF apo /
plexy, and another laughed himself into inn
becility. During the roars of laughter Weiss
stood without smile on his face, picture
of solid, substantial misery. While con-
scious of the absHrdity of his claims and the
impossibility of substantiating them, Weiss
made the appeal with tragic earnestness
that almost induced commissions The up
shot is likely to be that the case Will be
laughed out of court.
Important Notice.