Omaha daily bee., 1898-08-28
TOLD OUT OF COURT.

1t has been judicially decided by the
superior court Of Lake county, California, in
| recent case that hel-fre is a hot and
| sizzling reality. The facts OF the case, as
gathered from the newspapers, are as fol-
| lows: A belligerent school trustee named
| Shelton Kyle went into school taught by
| Mrs. Julia Sherwood to chastise some pupils
| who had been annoying him. The teacher
| strenuously objected TO the proposed casti-
CATION Of her flock, when Kyle blurted out:
You are as fit to teach school as hell is
for q powder house." He then left, banging
| the door behind him. Mrs Sherwood con-
! suited a lawyer and sued old man Kyle for
slander, asking $1,000 damages. Complain
| ant set forth that Kyles remark was
slanderous, because it imputed an entire
absence of qualifications in Mrs. Sherwood
for her position as school teacher. This
conclusion was deduced from the general
belief that hell is hot place, and, being
so, is evidently untitled for a powder house.
1t therefore followed that, II Mrs. Sher-
wood was no more fitted for her place
than hell was for powder house, she was
not fitted for her place at all. This position
being reached. it logically followed that
Kyle's remark became slanderous.
Defendants attorney demurred to the
complaint on the ground that 1t did not
state cause of action in that it did not
| appear that hell was an improper place for
a powder factory, that the worst that could
be said of hell was that it is place of
torment" that it contained no heat what
| ever and might therefore be an excellent
place for a powder house or a cold storage
warehouse.
The plaintiffs attorney directed the at
1 49, ~ H. r.
Mount and pointed out in the twenty second
verse Of the fifth chapter Of the gospel, ac
cording to st. Matthew, these words: But
whosoever shall say, Thou fool. shall be
in danger Of hell fire." Hell-fre! There
is the very thing itself.
The court recognized the Sermon on the
Mount as giving authentic information re-
| garding the presence Of fire In hell and
| held that, all things considered. hell GER
tainly was not fit place for a powder
house. Such being the case. In the opinion
Of the court, Kyles remark was slanderous
per Sc and therefore actionable. The issue
being thus Joined the case went to trial
Mrs. Sherwood carried the day with fiy-
ing colors. The jury rendered verdict
awarding her damages in the full amount
| asked.
| "Our cleverest work." said the old lawyer
to the Chicago Post man. reminiscently, "is
not always done in court"
"No?" SAID the young man inquiringly.
Decidedly not" replied the old lawyer.
| "Possibly you could give an illustration, "
suggested the young man.
Undoubtedly could" replied the old
lawyer. I'm fact. l was thinking Of the
case Of an irascible old fellow who once
/ mt nj ho
For what reason?"
| principally because he was angry, but
| will have to confess that l have forgotten
the exact occasion for his anger. I believe
| there was difference Of opinion as to the
amount OF wages the man was entitled TO-
At any rate the testy old gentleman put
| himself in the wrong when he elected the
man with violence of both language and
| action, and the man was smart enough Ia
know 1t. He hunted UP q lawyer immedi-
| ately and put the case in his hands, and
then I was called in. The wrathy old fell
low was mad clear through. and he was
| going to fight the case all the way up tc
the highest court and back again II neces-
sary. However, he was a personal friend
Of mine and didn't want to see him waste
his money foolishly, so ! advised him to
compromise it,
Not IL he offers to compromise for 10
cents!' he asserted vociferously. I'll fight
this case clear to the limit, no matter what
| 1t COSTS
II argued with Sim, but it was no use
He'd pay me anything wanted to fight the
case but he wouldn't pay the plaintiff a
| cent. suppose would have been justified
under the circumstances in going ahead and
letting him run into q lot of expensive and
| useless litigation, but didn't like to do II
Just the same. So went to see the lawyer
on the other side. He knew he had a good
case. but he also knew that my client had
lots Of money and could make prolonged
and costly fight Consequently he was in
clined to be reasonable. He hunted up his
client and talked it over with him, and the
| client said he would compromise for $25
clear for himself. His lawyer made a very
| reasonable charge, and I closed with them
both on the spot and paid them. Then !
went back to my client. told him I had put
up such blum that he never would hear OF
the case again. turned in bill that covered
| the cost OF the settlement l had effected.
and he paid 1t without a murmur He
| sometimes speaks to me now OF the clever
work did in that case. but he doesn't know
how clever it really was and what lot OF
cash it saved him."