The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1882-12-01
TRIAL BY BATTLE.
Az ACCUSED GERMAN EDIroR WANT, "a
''FIGHT IT OUT"

Never in the judicial annals Of Erie .coua-
ty, Pa, has the Quarter Sessions furnished
such humor as the term OF Court now hold
ing. Among the indictments found by the
Grand Jury we're three for criminal libel, the
defendants being John Boyer, editor OF the
DAILY LstIchtthti-TH, and Messrs. Frank Weiss
and Henry Herbst. editors Of the Weekly
SonntdgsgGStr a humorous and illustrated
weekly. The prosecutor is John Firch.
young member Of the Young Mems Chris
tian Association and Of the Law and Order
League. Firch had played the part OF an
amateur detective in the Leagues campaign
against the liquor dealers, and the funny
paper published q cartoon representing an
artistic Eallows, with q strangled corpse at
tachment bearing strong resemblance 70
Firch. The deepest interest is manifested
in the legal proceedings, the Young Mems
Christian Association being arraved on the
one side and the entire German element on
the other
The saedest- looking man attending court
Is the editor Of the funny paper. Frank
Weiss. To look at him one wonld naturally
suppose him to be an ascetic. his sombrs er-
preston 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 imperturable gravi-
ty, he conceived the IDEA Of turning the
whole proceedings into ridicuIe, and con-
verting tragedy into tisvesty. On the sec
ond morning Weiss eonvulsed everybody BY
coming into court with an srnful Of ancient
legal literature, obtained by ransaeking ev-
cry law library in the city. and asserting a
right, under the ruling Of the Court, 70 es-
tablish his innocence by erdeal, OF by com
bat. He contended that il unrepealed an
cieut procedure is good law his claim 20 de-
mand the "wagere OF battel" was as lust
and equitable as the ''stand aside" prfri-
lege. Shrieks OF laughter followed the sad
faced mans demand, irresistably conical In
itself, but the more exquisite from the fact
that he is = little sttenusted, reak-chested.
asthmatic body. weighing only 90 pounds,
while his adversary is herculean Christian
who tips the scale a. 200 pounds. and before
whom in a personal encounter the funny ed
itOr would melt sway like hoar frost under
the morning sun. Weiss has carefully
drawn up all his rights under unrepeaIsd
laws, and he proposes to make this judicial
district sick Of King Edward the First.-
These alleged rights are:
First-The ''ordeal OF ire." BE claims
that he can demand the establishment OF bis
innocence by offering to plunge into his arm
in boiling oil, pick up red-hot iron, or walk
barefoot over nine red-hot plough-shsres.
and that IL he sustain no hurt by the opera
ton his innocence will be proved. and the
arr n,aT1v -
test, after mature deliberation, he will
waive. "AIl that remains % says Weiss, els
to demand the trial by combat, and nav
God defend the guiltless." He describes
procedure Of this combat as follows, produc-
ing ancient authority in its support:
The judges and clergy are to assemble on
= given daV, and before them the accused
person must fling down bis glove and de-
clare his Intention to defend the same with
his body. The prosecutor will then pick I'D
and announce his readiness to make good
he appeal, body for body. Then both men
will bring out their battle axes OF iavelius.
and, kneeling before the Judges, will make
oath that the weapons have not been charm
ed by witchcraft, etc. This done, each IS to
grasp his axe in the right hand, and the left
hand OF the other in his left. At q signal
from Judge Galbrsith the men will come
out Of their corners and 60 for each other.
and his cause shall De deemed Just who
succeeds in carving up the other before the
going down % The sun.
The mcrriment caused bv Weiss claim
can better he imagined tlsan described. one
stout juror came near having aft of apopleIy,
and another laughed himself into imbIcllity-
During the Tosrs of laughter Weiss stood
without a smile on his face, a picture Of
stolid substantial misery. While conscious
Of absurdity Of his claims and the iInpossi-
bility Of substantiating them Weiss made
the appeal with tragic earnestness that al
most induced commissions. The upshot Is
likely to be that the case will be laughed out
of Court-Eris CPa.) Special " ]. Sun.