Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1884-08-08
ALTERNATELY.
The Commonwealth of Nevada ~.
Charles Fox.

and battery Of, Mandel Cohn, was arraigned
yesterday in Justice Harmon's Court, and
appeared as counsel in his own defense.
A. l.. Fitzgerald, Esq, acting as Deputy
District Attorney for the occasion, stood
for the people in the case. Mandel Cohn,
prosecuting witness, occupied Mr.. Fitz'
gerald's right ear, and presented q graphic
picture OF Battery. That he had been bat.
tered nobody who saw him doubted. OF
the beating, his face offered conclusive
evidence. There was a big crowd in the
courtroom when the case opened and Mr..
COINS face was the only profoundly
melancholy one in the lot. The rest were
relaxed and displayed smiles that were
ready for development into laughter on
the slightest p~royocation. Mr.. Fox, at
torney for himself, appeared in q pump
kin-colored hunting suit. He had practi-
cal knowledge Of his cause, and was not
without some Glue to the phrases that COM
monty fall from the lips Of the legal
fraternity when inspired by an audience
that likes JUNCTION and is not prepared for
for criticism. He handled his case with
out legal restraint and outside Of the rigid
forms OF law. The gentlemen OF the
jury" he addressed in the conventional
way in the outset, and to the extent Of
this sslutation, but from then on he went
to the marrow Of the matter, appealing to
them as neighbors aud friends. 1t was
interesting to listen to him, 90 be both
stated what he intended to prove by his
witnesses and gave his own story-the
latter without being sworn. When it came
time TO put himself on the stand, however,
there seemed no occasion for it, as be had
ingeniously anticipated that formal pro-
cess. 1t WAS q nice, simple way Of getting
at the desired result and greatly impressed
the jury. Charley's manner, his honest,
round face, and his universal popularity
in town, made his pleading, if 80 it can be
termed. q power that nothing could resist.
The incidental proofs Of his integrity crop.
ping out through his awkwardness as an
attorney-at-lsw would have placed the
very oiliest lawyer for the prosecution at
a disadvantage. His cause was further
promoted and, after all. perhaps, mainly
so, by the extreme difference between him
self and the plaintiff as judged by the
community. We know OF nothing against
Mr.. Cohn, nor do we say anything to his
discredit, but il took no expert in the
knowledge of human nature to tell what
was In the minds Of the crowd in the
courtroom. 1t could be read on their
faces: There is no doubt that Charley
Fox did give Mandel Cohn q good lick
ing;' but we know he wouldn't have done
it without such provocation as excuses
him." 1t would have been hard to detect
any expression of disapproval Of the irreg-
ular and unlawful way in which he would
have collected q bill. or in failure thereof,
took some satisfaction out Of q hiking
debtor. Perhaps the verdict Of the out
siders-we exclude the jury from this
speculation 40 they were inside the law
lines-was about this: 'Cohn, whom we
do not like, owed and promised to pay
Fox his bill and didn't do as he
said he would. Fox was going away,
needed very much what Cohn owed him,
and feeling that Cohn was trying to blk
him, he pitched into him and settled
the account on the spot with his
fists. 1t was a stand-off. Fox
has lost enough money by Cohn al
ready, and it would not be the right thing
as among men to tax him any further for
this spree. Whether he is guilty of assault
and battery or not we don't care. The
law is meant for justice. Cohn has probs-
bly, paid his bill in getting whipped and
Fox has suffered all that reason and COM
mon sense demand, in losing that amount
Of money which he says he needs badly"
We have said this might be regarded
as the opinion Of the outsiders.
We may venture even further and
speculate that some Of the jurors held the
same view OF the case. There ia no use
talking, the jury is . law unto itself. In
this suit all went we'll enough. perhaps,
for nobody seems to think otherwise; but
while there are powerful popular srgu-
ments for the maintenance Of the Jury
system as it is. there are potent reasons
why il should be radically modified. AS
for US, we are not able to see sometimes
Just what use there is for law and other
times what use there 10 for q jury. II is bet
ter to have these institutions entirely in
dependent of each other. as in yesterdays
case, for then the result will be satisfactory,
at least. to Tom, Dick and Harry. But
when the jury and the law u afoul of
each other Providence alone is to be
thanked il a monster is not produced.
But to return to the case. Mr.. Cohn
told his story. 1t was brief and sympa-
thetic, leading up to the "head" he dis
played in court. MIR. Pearlmsn, the
handsome clothing clerk, was called. He
knew nothing about 1t. Mr.. Garvis saw
the pummeling. John Gregovich saw the
scrimmage at q distance. Here the evil
dence for the prosecution closed. 1t
seemed TO establish the "saltenbatry."
Lawyer Fox called J.. Harris.
Lawyer-Mr. Harris, will you please tell
the jury what you saw of the affair yester-
day morning between Colin and Fox2
Witness-I was in at Charlsy's getting a
drink. / did not see the fight. l saw the
drink. Exit and laughter.
Paul Roux, the Adonis Of the Base Range,
was next called.
Witness-I saw Cohn with his blue shirt
and his jumper torn.
Lawyer Fox-Can you say whether the
tearing was malicious and promiscuous
Rounds Of applause at this exhibition of
Charley's lore. and q black frown upon the
''spermaciti ducks" by His Honor.
Witness-My head Is not clear on that
proposition.
The lawyer for the defense had, as wit
ness. got in his statement Of the facts. He
had taken hold of plaintiff to keep him
from going away out Of reach of his dun
ming when his shirt tore. Another similar
hold and another tear Of the jumper.
Then plaintiff exasperated him by de-
handing $50 for damages to his personal
apparel.
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