Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1896-11-21

LEGAL procedure as dry and dull, and
Usually there is little or nothing Of in
tcrest in it except for tle lawyers them
selves or the parties to the suits before
the court However. there are occa-
s.ons wacn an opportunity IS offered
for wiz and Lumor. of which the keen
lawyer is quick 10 take advantage. for
no-a;pe IS so telIiug in its effect on a
iurv rs a bright flash ca The part Of
one ~ the attorneys. Being them
selvc5 -5r=d with the case which they
ara r..asiderina they welcome tie op-
nortlufty % smile and feel kindly dis
Dosed 90 the man who proyokes II.
MANY lawyer has saved his ell
ant's ease BIZ uuickness of ~epartee ana
dozens of stories are told on chicago
LAWYERS who have made bright remarks
which have been the cause Oh success
befora n furry. Sometimes IT hapl ems
-bat the lawyer attempts 70 be humOr-
ms nj the expense of his opponent OF
q witness who proves as clever IN Iehc-
INC with words as himself, ana theh
the tables are turned.
SUSTAINED THE JURY'S RIGHTS.
Judea Prcndersast. before his eleVa-
tion TO the bench, was delendlng an
aggravated case of assault before Judge
Iors He desired 20 introduce some
evidence favorable 10 his case, but II
was incompetent, being hearsay testl-
r-,nv He made nUl-eroCs attempts
To bring out the evidence. IL met Win
strong objection as often from the
states attorney. The question was ar
rrsl M LENGTH and the court sustain
ed the prosecution ruling the evidence
i1c0~lpeteut Thereupon Judge Prem
dere8st sNuug around 10 the jury ana
wei gentlemen of the jury, shall
this evidence go In or not
eyes" .le jury burst out.
The Judge and states attorney lost
tbeir breath by the shock incident TO
sYcb q remarkable and unheard of pro
ceeding. Recovering his breath Judge
H9rs. vino was novice on the Dench
then asked:
Where is your warrant tor such ac-
ton as YOU have committed?
Your honor. this is your first crlm-
inal case" replied Judge Prendersasl'
seriously "and you are not familiar
with the criminal practice. The law OF
this state saws the jury shall be JUDGES
of the law or fact in such cases. You
have overruied this right of the jury
and the jury has reversed your fullhs'
7 Will no longer defend the case.
The proceedings caused sensation,
However, judge Preudergast rename
in the case under protest. The Jury
was indignant TO think their laWIui
RIGHT 10 decide am questions had been
impaired The defendant was dls-
charged. the jury not even leaving their
seats.
ALSO TO BE SUSPENDED.
II is toll of Judge e. II. Gary that
before his election To th' bench he was
associate counsel i'm the trial of muir
der case fin the circuit court OF an al
Joining county. The late Colonel Jo-
seIyn one of the ablest advocates IN MS
dav. concluded % most effective argu-
ment 10 the jury i'm these words:
Gentlemen. do not come TO a con-
clusion during the appeal which VIII
be made i'm the closing argument. Sus-
mend Judgment until the argument Is
closed. suspend Judgment until the
charge is given YOU 10y the court. Sus-
mend Judgment until YOU have retired
10 the Jury room. suspend judgment
until YOU have time TO consider care
fully what the awful result OF your Ver-
dict will De if you fail to acQuit
The Jury were baJhed in tears, but
The effect of the peroration was mate
rally Iessened by the words OF Prose
cutor Gary. who deliberately rose and
as If continuing the argument, said:
"And finally. gentlemen. because II IS
necessary, suspend the prisoner.
NO SUCH WITNESS IN THE CASE.
No man in Chicago has a greater re-
mutation for winning over jury than
A s. Trude. but he met worthy foe
man one day. 1t was during the tai
of Cornell VS.. the Pennsylvania Rail-
road. an action for damages. Ii was a
celebrated ease. which h9d been TO the
supreme court three times and was con-
tested bitterly 20 the end. Trude rep
resented the defendant The plaintn,
who had been the city attorney OF ON
aha and later member of Congress
from Nebraska. claimed to have been
injured permanently In scutae with
an emplove of the defendant road. Mr..
Hvnes. tho plaintiffs attorney, had
made very iOWcry and exceedingly