The Iola register., 1891-07-31
JUDGE PARKINsON's LETTER.

JUDGE FARKINsON's LETTER.
He Disccurses Further OF Scenes In Eng
lish Courts.
LONDON, July ], 1891.
In my last l stand committed to the
English system of coming directly at
the facts, In the matter of lawsuit by
methods and the production in court OF
articles complained and disputed about,
that would in many instances be quite
shocking to our sense OF judicial pro-
priety.
Iinstanced the case ofa countrywOmau
of ours cited to make good her defense
to the c.;,i,- "a. 'sI unskillful modiste for
the price oil ccl t..ln misfitting garments,
submitting the same to the judicial in
spection on the proper person, and as
Intended for use and ornament to judi.
cial inspection of the court itself, and OF
the maligned music box grinding out
its own defense to the judge who un-
happily, knows no more of music than
q clothes horse, and who was as ignOr-
ant of rhythm or Of tune as one or two
Kansas judges whom it is my pleasure
to know.
Since my last, however, and the hasty
conclusion had reached upon that sub
ject, a case has arisen here wherein
this direct method, as it may be called,
is made the subject of severe animad-
versions upon the part of the London
public and press-sO much 80 indeed,
that the case has been put down on the
question list in the house of COM
mons, and the government itself is
asked what is to be done about it. So il
would seem there is to be limit to the
courts personal examination of matters
in dispute, and that they may not with
proprietv even, direct an accused per-
son to submit to medical examination
in refutation, OF statements contradicto-
ry Of police testimony; at best when by
such examination the virtue and inno-
cence of woman is thereby made
clear.
Like most rules, it doubtlessly works
unhappily in some cases, and 1'm not
sure now but our own courts are right
In avoiding that which may lead to the
ugly criticisms and scandals referred to.
And especially SO when l reflect upon
the incapacity of some of our own Judi
ciary to sit in judgment and gravely
weigh the facts by personal observation
and hearing as In the cases have cited.
[ hope to be acquitted of any want OF
sincerest regard and highest respect
for our judges and especially these |
may mention, but by way of illustration,
think of Judge Guthrie of Topeka, ad-
justing his specks, placing his tobacco
in convenient receptacle and leaning
over his desk to inspect the fit of a
Jersey. the set of a waist. the cut of a
bias. the spacing of ruffle, or the finish
of summer hat: or of Judge Benson OF
Ottawa, sitting in judgment on the
merits Of music box, piano or hand
its most plaintive notes from the rasp-
ing of horse fiddle at a charivari.
But as to the case of last week and
which was about to cite in favor OF
this practice. of the judges in this
country seeing with their own eyes and
hearing with their own ears"-a prac-
tice which l am as ready now to repro
bate as l was then to commend. The
case was one for slander-a much more
prolific source Of litigation here than
with US; owing partly, no doubt, to the
fact that the Britisher is thinner
skinned and more of tenderfoot than
his cousin over the wav. Indeed you
can hardly call man a liar here with
out his taking offense. Only yesterday
the papers contained an account of a
case OF passenger who had been
politely notified by the superintendent
Of the underground road that he
would be required to pay the sum
Of fifteen cents for journey in the COM
pany's cars which he had made without
ticket. The plaintiff claimed that he
had lost hisiticket, and, greatly offended
at the mild though pointed insinuatiOn,
sued for libel. For the defense it was
set up, and successfully, that the libel
was not libel: if it was libel it had
not teen published; and if it had been
published it was privileged. So in the
case | am trying to refer to. the defend
snt sail he didn't say at least all that
was imputed to him, but if ne did say il
il was true, and whether true or not, ii
was privileged, and therefore not ac-
tionable. His name was William Carl
son Parkinson; by profession a manu-
facturer of gas meters, whereby he had
made fortune and the companies US
ing them paid dividends; by occupation
a member of the London county council
and by conduct truly good man, for he
had been a superintendent of a Baptist
Sunday school ten times longer than he
had been in the council, refused to run
for Parliament and is unalterably op
posed to all classes of theaters and
places of amusement. In Cromwell's
day he would have commanded a di
vision Of the Ironsides. He would have
sailed in the Mayflower if he had beer
at the dock when that ship left, anC
kindled fires at the burning of the
witches in Salem had he lived in the
county. And yet, pIeasing as it is for &
kansan to note that all the truly COCO
people have not gone west to grow W
with the country, the fact must b.
stated that rs witness. he was knocked
out in the first round by Punch anC
Judy dolls, and as a defendant expert a
a Questionably moral show mulcted Il
the tune of twelve hundred and fifty
dollars. Alas, that so good a man
whatever his name-shOuld meet di!
comfit in a court of justice and loss il
shekels by reason of only an obesity o
pious verdancy and puritanical limo
cense. AS councilman he was opposed
to the granting of license to the Roya
aquarium, place of amusement il
London, and like certain other royal
persons and things, not always men
toned in good society and Sunda,
schools as particularly happy high
water mark in the freshets OF Englist
taste and British morals. But how wa:
the councilman and protection OF public
morals to see with his own sanity eye:
the den of hilarity and wickednes:
without exposing the citizen t. ridi
cule, the imblighted Imagination tc
contamination, and the Sabbath schoo
teacher to the charge of setting q