Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-12-06
THE BON MARCHE, 314=316 318 9TH St.
CASE OF MAMMALIAN FALk
Court of Appeals Afirms Judgment of Dis
trict Supreme Court.
Defendant on Bail Awaiting Deci-
sion-sentenced by Lower Court
Other Decisions Rendered.

The Court of Appeals late yesterday af-
ternoon handed down an opinion affirming
the Judgment of the Supreme Court of the
Dlstrict of Columbia in the cast of Max
lmliian w. Falk. convicted of adultery and
sentenced by Justice Cole to Imprisonment
in the West Virginia penitentiary at
Moundsville for six months He is at pres
ent out on bail. and is understood to be re-
siding in Philadelphia
The opinion of the Court of Appeals was
written by Mr.. Justice Morris The facts
IN the case are well remembered. the COM
planning witness having been a young girl
named Hattie Minnie Dawson. 1t will also
be remembered that during the progress of
tne nearing; and before decision was
reached. Falk fled from this jurisdiction
and was not apprehended for several
months Notwithstanding, in his absence
the trial proceeded. and a verdict of guilty
W. was rendered. The court, after his return
TO Washington, denied him a new trial and
sentenced him to six months imprison-
fnent! An appeal was taken upon several
grounds chief of which was that the Ed
OF columbia and that the accused was
tried for felony during his absence,
Ire Court of Appeals refers to the for
mer cases in which it held that the Ed
Eluhds act applied to the District and a f.
nrms the conclusions reached in those
cases adding that by reason of the General
lily OF the language the statute applies to
the District of Columbia as well as to the
territories. ~
On the point raised as to Falk's absence
during the trial, the Court of Appeals saws.
In all cases involving less than capital
punishment, when q trial has once begun
the flight or escape of the prisoner does not
preclude the court from proceeding with
the case or receiving the verdict of the
jury in the absence of the defendant so
caused by his wrongful act" Justice Nor
rls further declares that the law will not
allow person to take advantage of his
own wrongful act. escape being in itself
criminal offense, although now rarely pun
ished independently of the principal offense
for which the party is held.
Lower Court OverruIed.
The lower court has been reversed by the
Court of Appeals in the case of the Mas
sachusetts Mutual Accident Association
against L. Edwin Dudley. The opinion was
written by Mr.. Justice Morris. The state
ment OF the case Is that Mr.. Dudley fell
and broke one of his legs on March 4. 1897,
and brought suit to recover upon an acct
dent policy which he held in the Massachu-
sets Mutual. The defense endeavored to
show that the plaintiff was intoxicated at
the time of the accident, but a jury award
ed him the sum of $1,000.
Mr. Dudley was not present at the trial
but his deposition, taken before the United
states vice consul at Vancouver was nre-
sented and admitted by the court Obiec-
ton was taken to the procedure by counsel
Tor the defense. and the appeal noted. The
Court OF Appeals remands the cause for a
rehearing, holding that the lower court
erred in admitting in evidence the deposit
ton Of Mr.. Dudley.
Another Case of Reversal,
The decision of the Supreme Court of the
district of Columbia is also reversed by the
Court of Appeals in an opinion written by
Mr. Chief Justice Alvey in the case of the
Washington Asphalt Block and Tile Com
pany, appellant. against Franklin Fl. Mack
ey. as administrator of the estate Of
Charles H. Martin, deceased 1t is ex-
planned that Martin was IN the employ of
the defendant company, and met with an
accident which resulted in his death The
trial court awarded the administrator a
verdict Of 5000. The Court of Appeals
hoids that the court below erred In refus-
ing to grant one of the prayers offered
upon behalf of the company.
In the case of the Mutual District Mes-
senser Company. appellant, against the Dis
tr1ct Con. misstoners. the Court of Appeals
afhrms the decision Of the lower court in
refusing to grant q mandamus recurring
the commissioners to permit the strinetn9
OF a wire to the residence of Rear Admiral
Seifridge. The opinion was written by Jus
tice Shepard.