Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-01-12
Some Curious Questions That We're
Raised in Recent Cases.
PRIVILEGE OF CURSING A COURT
Decisions That Left Good Deal
to Be Desired.
CULLED FROM THE RECORDS

The somewhat novel experiment of hav-
ing lawsuits decided by juries composed of
lawyers has, according to local reports, re-
suited satisfactorily in at least two cases
in this country within the last year. Just
recently the case of a widow suing on
fire insurance policy on her house was. by
consent of the litigants and their attorneys.
submitted to be heard by jury of seven
well-known lawyers in Collins, Ga. After
the evidence and the charge by the judge
the lawyer jury retired, and then speedily
brought in a verdict for the widow. which,
it is said. was 'emnently just" Earlier in
the year was reported the case Of American
B. B. Co. VS.. Pung in Chicago, where both
sides were in court ready for trial, but
enough jurors could not be found. The
judge thereupon called twelve lawyers
who happened to be in the court room to
serve. This case also. it was reported. was
tried with satisfactory results. Here, pos
sibly. is work for able lawyers, sery
ing as professional jurors.
What is buildng?" is the apparently
simple question the queens bench division
court Qreland) has been trying to solve. A
church mission erected structure made
up Of wooden walls. canvas roof and a
chimney. This the city OF Dublin argued
building" for which corporate per-
mits were necessary. The mission claimed
that it not building. but rather
something in the nature of tent To
enforce his argument Mr.. OShaughnessy,
solicitor for the city. quoted the gravedig-
gers question in Hamlet" Who builds
stronger than a mason shipwrsht or a
carpenter" and the reply thereto: when
you are asked this question next say a
grave maker; the houses that he makes
last till doomsday." At last accounts the
court had not decided the question.
The new German code of civil procedure
makes the husband supreme in most social
matters He fix the hour for dinner,
the manner of serving it, the number of
servants and he may limit the yearly sup
ply of linen. but under no circumstances
may he open his wifes letters without her
permission. Though he may fix the dinner
hour, it is probably just well for him
to be on hand at the time when the dinner
is actually ready.
CriticisinE the Court.
The lawyers inalienable and inestimable
privilege of ''cursng the court when the
decision has gone against him is marred.
as most lawyers realize, by the fact that
the ''cursing'' must be done in private. This
animadversion. however. sometimes takes
the form of communication of the lawyers
opinion to the publisher of the law reports.
Parts of some of these communications
have been printed recently by a law pub
fishing firm. One lawyer wrote: The case
Is a legal curiosity, and seems to have been
decided by main force Another, beaten
in highway case, wrote of the court:
They do not know highway. even when
they stumble over it," Another requests
the publisher to chastise the court stating
that at will be of great benefit to the pro-
fesson that this case be thoroughly aired
and the falacy and danger of 1t in its far
reaching results exposed. Another very
prominent lawyer" wrote: The opinion of
our court il school boy blunder, deserving
of nothing but scathing rebuke, and a
view of it should run in that line Most
seductive of all the suggestions was the
statement, Il should be very willing to pay
for such a criticism of the decision here
in above indicated by me-" This" COM
ments the publisher. recalls the Quaker
chasing his hat in the wind who hired
urchin to curse it
The recent case of Skipwith agt. Hurt. a
legal publication records was an action by
a county judge on a county treasurers
bond. The county treasurer was Skpwth.
who skipped with the funds. and the county
judge, who was Hurt, brought the action.
Not Sufficiently Precise.
What is "a reasonable state of intoxica-
ton apparently just missed precise defini-
ton by a coroners jury in Mississippi.
which stated in its verdict that I'VE the
jury, find that deceased came to his death
by a stroke of east-bound train, No. 2O4,
on l. c. r. R., at Fentress, Miss in Choc-
tow county. on the 9th day Of November,
1898 he being in a reasonable state of in
toxication.'
A somewhat similar Indebtedness of legal
gia jury, to the effect that I'VE the jury.
find the defendant almost guilty Equally
uncertain and ambiguous these state
ments by laymen is the opinion in an early
Maryland case. which acknowledges the
corn by saying that an occurrence referred
to took place Eat former sitting when the
court was full
So careful are they in Kentucky and so
sensitive are their weapons that the Ken
lucky legislature passed, some time ago,
according to a legal authority. an act read
ing follows: ut shall be unlawful for
any person to fire or discharge at random
any deadly weapon, whether said weapon
be loaded or unloaded."
In a Breach Of Promise.
That a young woman who breaks her en-
gagement with one man in order to become
engaged to another cannot have that loss
of opportunity considered as an element of
damage in a suit against her second choice
for breach of his promise to marry was
decided by the Minnesota supreme court In
Hahn against Bettinger. 50 Northwest Re
porter. 467. The court was of the opinion