The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-10-29
HIS HEAD THRO HIS PLEA.
AN ATTORNEY DEALT WIN ny III
DISCOURAGE Err OF IRREL EVdNCP.

That Vyas In 1890. In England. hut the Case
us Quoted In Now York SOl Years Later
when Ninety.siN Defendants Are Asked TO
Answer 400 Printed Pages OF Complaints.
That presidents, like tho scent of musk, cling
hold, was evidenced before Justice Pryor OF the
Supreme Court J, storday when Lawyer II. u.
Ward, in behalf OF tho member Of the National
Wholesale Druggists Association, quoted II de.
cision Of 1896 on n motion to strike out as ir-
relevant parts OF the complaints In actions
brought against many members Of the associa-
ton by John d.. Parks s. Son to recover damages
for injury to the trade OF the plaintiffs through
q conspiracy to agree not to deal with the plain
tifs.
Tho complaints In each action were printed
md in book form, and they seemed to have
about four hundred pages each. When the
Judge took the books he said, in a surprised
way:
II am suro from past experience that nine
tcnths OF the matter contained in these volumes
must be irrelevant"
THAT is so" said Lawyer Ward. and your
Honor can see that as l represent seventy-one
defendants in one action and twenty-five in an.
other the difficulty | would experience in being
compelled to draw separate answers for ninety.
six defendants to this mass Of irrelovancy." lie
added:
II have here n decision Of tho T.. dish courts
made In 1896 which may possibly 20 u little fur.
thor than your Honor may in this case. 1t shows
how the courts at that early day viewed irrele-
vant matter and how the trainers Of such plead
fnEs were doalt with at that time"
Mr.. Ward read the case which was decided by
Sir J. PuckerinS. Lord Keeper of the Rolls, on
Mylward against William Mcl6on and others.
The replication to the answer of the defendants
was drawn by Richard Mylward in behalf of tho
plaintiff and covered ~six.scorc sheets OF paper.
and. 1t was said, contained impertinent and idle
matter.
1t appeared that Richard Mylward was COM
pitted to Fleet Prison for his irrelevancy. Mr..
Ward continued:
atty sufficient, for on Feb. 10. 1896. he made u
further order. in which he said that as Myl-
wards replication should have been we'll con
Nrived on sixteen sheets OF paper instead Of six
a. 1t is therefore ordered that tho Warden of
the, Fleet Prison shall, bring the said Richard
next about 10 O'Clock in the forenoon, and shall
then and there cut a hole in the midst OF the
same cngrossed replication which 10 delivered
pnto him. for that purpose, an put the said
Richard Mylwnrd's head through the same hole
and shall let the same replication hang about
his shoulders with, the writing set outward. and
Richard Mylward. bareheaded and barefaced.
round about Westminster Hall whilst the
courts are sitting. and shall show him at the bar
ofevery OF the three courts then holding; land then
shall take him back again to the Fleet Prison
and keep him prisoner until he shall have paid
so to her Majesty for a fine, and 20 mobiles to
the defendant for his costs in reCiting the afore-
said abuse. which fine and costs are now at
t9ched and imposed on him by this court for tho
abuse aforesaid"
Justice Pryor laughed as the reading pro-
gressed. and at it's conclusion said that luckily
Tor some plcadcrs such harsh measures had been
abandoned. He said it was almost too much for
Presented, and he would necessarily reserve de-
CisiUn.