Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1882-12-06
A LEGAL FARCE.
Strange Proceedings in the
Quarter Sessions of Erie
County.

strange Proceedings in th,
Quarter Sessions of Erie
County.
ERIE, PA, November 1S.-Never il
the judicial annals of Erie county hay,
the Quarter Sessions furnished such
sensational aud exquisite humor as the
term now holding. Among the indict
ments found by the Grand Jury were
three for criminal libel, the defendants
being John Boyer, editor of the Dahl
Leuchttuhrm, and Messrs. Frank
Weiss and Henry Herbst, editors o.
the Weekly Sonntagsgast, humorous
and illustrated weekly. The prosecu.
tor is John Firch, prominent young
member OF the Young Mems Christian
Association and of the Law and Order
League. Firch had played the part OF
amateur detective in the Leagues cam
paign against liquor dealers, and the
funny paper published cartoon repre-
senting an artistic gallows with q
strangled corpse attachment bearing a
strolg resemblance to Firch. The
deepest interest is manifested in the
legal proceedings, the Young Mems
Christian Association being arrayed on
the one side and the entire German
element on the other.
AN ANCIENT Law REVIVED.
The latter were dismayed at the
opening of the session 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 Independent of the peremptory
challenges, and allowable to the extent
of standing aside the entire panel,
enabling the Common
wealth to get jury of its own selec-
tion. Such practice was unknown in
the Erie Courts. The District At
torney showed that the right existed in
an unrepealed statute of King Edward
|, enacted in the ninth century, and
sustained as good law by the Supreme
Court of Pennsylvania, because the
statute has never been repealed by Par
lament or our Legislature. The Court
had no alternative but to rule in favor
Of the District Attorney, and in conse-
4uence no German or Irishman could
get into the box on the liquor trials.
A GLOOMY OUTLOOK.
This was blue prospect for the edi-
,ors and naught but conviction stared
hem in the face The saddest look
ng man attending court is the editor
If the funny paper, Frank Weiss. To
ook at him one would naturally sup
BOSE him to be an ascetic, his sombre
expression being strongly suggestive
If self abnegations and funerals, but
vithal, Weiss is the most comical crea-
ure in the purview of the court.
While sitting in court with features of
mpurturbable gravity he conceived the
dea of turning the whole proceedings
nto ridicule and converting tragedy
nto travesty. On the second morn
ng after the Judge had ruled in favor
# the "stand aside" claim, Weiss con-
rulsed everybody by coming into
ourt with an armful of ancient legal
literature, obtained by ransacking ev-
ry law library in the city, and assert
ng right, under the ruling of the
Court, to establish his
INNOCENCE BY ORDEAL,
IT trial by combat. He contended
hat if unrepealed ancient procedure is
rood law, his claim TO demand the
wager of battle" was as just and
quitable as the "stand aside" privi-
ege. Shrieks of laughter followed the
ad-faced mans demands, irresistably
omical in itself, but the more exquis.
te from the fact that he is little,
weak-chested, asthmetic
,ody, weighing only SO pounds, while
lis adversary is herculian Christian
Who tips the scales at 200 pounds, and
'efore whom, in personal encounter,
he funny little editor would melt away
ike the hoar frost under the morning
Iun.
Weiss has carefully drawn up all
lis rights under unrepealed laws, and
le proposes to make this judicial dis
rict
SICK OF KING EDWARD l.
These alleged rights are, first: The
ordeal of fire." lie claims he can de-
nand the establishment of his inno-
,ence by offering to plunge his arm
nto boiling oil, pick up redhot iron,
,r walk barefoot over nine red-hot
olowshares, and that if he sustains no
hurt by the operation his innocence
s proven and the costs belong TO the
prosecutor. But this test, after ma
,ure deliberation, he will waive The
next is the "trial by purging" He
claims that during the Heptarchy an
accused might demand this test, which
of chewing q bark of immense
Durgative qualities, and if he can swal-
low this and remain uDpurged until
sundown the accused is innocent, etc.
With exquisite pathos Weiss sets forth
in his document, that being sufferer
Of chronic disentery, it would not be
advantageous for him to stake his in
nocence on the purge test"
TRIAL BY COMBAT
call that remains" says Weiss, "is
TO demand the trial by combat, and
may God defend the guiltless." He
describes the procedure of this combat
as follows: producing ancient author
ity in support, The judges and the
clergy are TO assemble on given day
and before them the accused must fling