Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-12-31

request, he was 30 indignant at what
Boardman had done that he could scar
cely restrain his emotions. He told
this attorney that court records were
too sacred to be tempered with by any
one, that there was q way provided
by law and known to all lawyers TOT
correcting a record, viz, by appearing
in court after due notice to the other
party and fair hearing. Judge Burn
ham then explained that he had beeh
looking up the statutes to ascertain
what degree of an offense had been
committed, and had satisfied hlmse'I
that any lawyer or reporter. who would
wilfully change or alter q record was
guilty of forgery. Such q declaration
In court created a sensation. The edi-
tor of this newspaper was away on
vacation at the time The editors In
his employ heard of the court room
proceeding, but were not present at the
time On the following day an exper-
fenced man with no possible cause LOT
malice toward Boardmhn calleu W
Judge Burnham's office and the judge
repeated In the calm OF tWenty-iour
hours elaboration what he had SAID
from the bench. He was still indig-
| nant The newspaper man took down
brief notes from which he wrote MS
story. In some manner. either tnru
careless statement on the judges part
or a misunderstanding the newspaper
man wrote that Judge Burnham nad
called such action as the changing or
a record a forgery and the attorney
who assisted an accessory Judge
| Rurnham corrected this on the follow
ing day by explaining that he did not
mean to convict Boardman or MISS NC.
Kinnon OF forgery without fair trlai,
but that if anyone had changed RECORDS
as they had done and had done II
w,lfully and deliberately, he would
have been guilty of forgery the pup
lie. which reads everything carelessiy'
Immediately jumped at one OF two con-
clusions: either the T.-R. had lied IN
order to injure Boardman or the ]udee
had "craw she'd" In fact, neltner
was true. Judge Burnham said IN ms
| newspaper article that he felt IAN un-
intentional injustice" had been done
Mr.. Boardman. There Is no question
but that the court, in his censure OF
Roardman. tried to make 1t clear that
poardman's act was a forgery IL done
/
his deliberation Mr.. Boardman plead
carelessness and thoughtlessness anu :,
as to his intent he plead q mistake.
He was upheld in both ana escaped
disbarment by q narrow margin. foi
this he now would buy newspaper
space in which to boast.
Disbarment for C. Fl. r. Boardman
would have blasted the career OF an
able Young man. ut would have de-
stroyed for him the results OF ten years
abor: 1t would have closed to him the
doors OF his profession" as ne NM
se,f plead AS much as the editor
or this newspaper has had reason 10
feel Mr.. Boardman's venom, he never
at any tine has wished him sucn rate
and actually hoped that Boardman
would not be disbarred. However, IN
the newspaper, he was actuated soleiy
from selfish motives in giving Board
mans case fair publicity. Realizing
that Boardman had prosecuted the T.
r.. the editor fairly leaned over pack
ward to give Boardman square oeai,
IN order that 1t might never be SAID
| that he was SO small an editor as 10
| hit an enemy when down. his re-
porters went to Boardman's attorney
on the day of the trial and secured IA
Colonel Parker's own writing state
ment of Boardman's side OF the case,
which was published without change.
| When the decision came by wire 1t was
blazened forth in large headlines and
when the full text Of Boardman's VIM
dication came it was published py the
tar q
| zone wintry day woodman was
}tramping home from his work. when
he saw something black lying on the
snow, When he came closer ne saw
1t was serpent, to all appearance
dead. But he took it UP and put 1t IN
his bosom to warm, while he hurried
home. AS soon as he got indoors, he
put the serpent down on the hearth
before the fire. The children watched
n and saw it slowly come to life again.
Then one of them stopped down to
stroke 1t, but the serpent raised It's
head and put out it's fangs and was
about to sting the child to death.
This we'll known word picture is here
with given in place Of the half-tone
which has not been provided for TINS
advertisement.
AS to the part played by malice IN
these proceedings, which Mr.. Board
man has advertised by circular letter
to the editors Of this state, as having
caused the Times-Republican to pros
titute Its news columns to personal
spite" because of defeat" in Morse VS..
Times-Republican 100 N. w. r. 1867, the
facts are that Judge Caswell threw
Mr.. Boardman's case out Of court on
the ground that no evidence had been
presented sufficient to Justify the court
in sending the case to the jury the
supreme court on Boardman's appeal,
reversed Judge Caswell, holding that
there was a question Of fact involved
which should have been allowed to go
to the jury. The case now STANDS
where 1t was before Boardman brought
1T in that a new trial must be had.
Judge Caswelrs opinion is entitled to
the same weight as that of the SUI
preme court so far as what jury
would find on a new trial is concerned
and the T.-R. has not been oppressed
with uncontrolled malice. On the other
hand the closing paragraph of the SUI
preme courts decision in this case
saws Of Mr.. Boardman's attitude: In
closing this discussion 1t is proper for