Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1883-01-05
FUN IN COURT.

dlctmcnts found by the Grand Jury
We're three for criminal libel. the de
Pendants being John Boyer. editor ui
the Ddlly LcHchtfhurm. and Messrs
Frank Weiss and Henry Herbst. edi-
tors OF the Weekly .S0nntugSgaSt, a
humorous and illustrated weekly.
The Prosecutor is John Firch, a
young member of the Young Mems
Christian Association. and of the Law
and Order League Firch had
played the part of amateur detective
Ill the Leagues campaign against
the liquor dealers, and the funny pa
per published cartoon representing
an artistic gallows. with Il strangled
corpse attachment, bearing strong
resemblance to Firch. The deepest
interest is manifested in the legal
proceedings, the Young Mems Christ
ian Association being arrayed on the
ohe side and the entire German ele-
ment on the other The latter were
dlsmayed at the opening of the ses
slons by the District Attorney claim
ing an ancient right to stand aside"
any Juror called until the box was
filled with men acceptable to the
commonwealth, the standing aside
being Independent of the percmptory
challenges, and allowable to the ex-
tent of standing aside the entire
panel, practically enabling the com
monwcalth to get Il jury of its own Sc
lection. Such u practice was un-
known i'll the Erie courts. The DIS
trict Attorney showed that the right
existed in an unrepealsd statute
of King Edward l., enacted in the
ninth century. and sustained as good
law by the Supreme Court Of Penn
sylvanla because the statute has
never been repealed by Parliament
or Legislature The court had no al
tentative but to rule in favor of the
District Attorney, and. in conse
quence, no German or Irishman
could get into the box on liquor trials
This was a blue prospect for the edi
tors, and naught but conviction
stared them in the face. The sad
deet looking man attending court is
the editor of the funny paper, Frank
Weiss. To look at him ono 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 imperturb-
able gravity, he conceived the idea of
turning the whole proceedings into
rldlculc, and converting tragedy into
On the second morning
after the Judge had ruled in favor of
the stand aside" claim, Weiss con
vulsed everybody by coming into
court with an armful Of ancient legal
literature, obtained by ransacking
every law library III the city. and as
serting Il right. under the ruling of
the court, to establish his innocence
i'y ordeal or trial by combat. He
contcndrd that if unrepcaled ancient
IL good law, his claim to
demand the wagerc of battel" was
ls just and equitable as the stand
aside privilege. Shrieks Of laugh
ter followed the sad faced mans de-
mand, irresistibly comical in itself,
but the more exquisite from the fact
that he is Il little, attenuatcd, weak
rhested, asthmatic body, weighing
only ninety eight pounds, while his
adversary is herculean Christian,
who tips the scale at two hundred
pounds, and before whom, in a per
,onal encounter, the funny editor
would melt away like the hoar frost
under the morning sun. Weiss has
carefully drawn up all his rights
under unrepealed laws, and he pro
poses to make this judicial district
sick of King Edward the First.
These alleged rights are:
He claims that he can demand the
of his innocence by
offering to plunge his arm i'll boiling
oil. pick up red-hot iron. or walk bare
foot over red-hot ploughshares. and
that If he sustain no hurt by the
operation his innocence will be
proved, and the costs belong to the
But this test, after ma
Lurc delibcration, he will waive.
= All that remains" says Weiss, lis
to demand the trial by combat, and
may God defend the guiltless" He
describes the procedure of this com
bat rs follows. producing ancient au-
Lhority i'll its support:
The Judges and clergy are to as
on given day. and before
them the accused person must fling
down his glove and declare his inten-
ton 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, etc. This
done, each is to grasp his axe in the
right hand, and the left hand of the
other in his left. The accused per
son to say: Hear this. q, man, who
callest thyself 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, q, man, whom / hold by the
hand. and who callest thyself Frank
Weiss by the name ef baptism, that l
do hold thee perjured, and this l will
prove with my body, SO help me God
and all the saints" At signal from
Judge Galbraith the men will come
out of their corners and go for each
other, and his cause shall be 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 a tit of apoplexy, and
another laughed himself into imbe-
cility. During the roars of laughter
Weiss stood without "a smile on his
face, picture of substantial misery.
While conscious of the absurdity of
his claims and the imDOssibility Of