Elk City mining news. (Elk City, Idaho) 1903-1913, 1906-10-27
ID Of IL. evidence of MF. Samuel We'll

ler7
Exactly the same mistake Ia, made by
Anthony Trollope In bis we'll known
novel. The Three Clerks" There the
hero. Alaric Tudor, Is placed upon his
trial for mlsappropriatinS trust moAey
and defended By that famous leader.
Nj. Chaftanbrass Of the Old Bailey.
Tudor's 'Mephistopheles, the Hon. Un-
decimps Scott, IL called. much against
bis Will. as .. witness for the defense;
cross examined BY the celebrated Chat.
fanbrass, forced to confess his mis-;
deeds and dismissed covered With
ignominy, to be subsequently, expelled
from bis club-poetic Justice which
would have been. defeated even By Z
chairman Of quarter sessions. go;
The great theoretical and practical
knowledge Of law possessed by Charles
Reads saved him from this error as
from, many others. Yet the famous
trial scene In Hard Cash" would have
been ruthlessly deprived of its most
dramatic moment by any judge Of the
high court. When the hapless Alfred
Hardy. who has been wrongfully i'm
brisoned In an asylum by. his wicked
father, comes at last to establish big
sanity before q jury. bis cape II closed
by the reading Of letter from hk
dead sister. Writing at the point Of
death, she solemnly denies his insanity
and begs him to show her words to his
accusers when she Is no more. Read
aloud BY the Judge himself, her letter
reduces a crowded court to, tears and
goes far to secure her brothet trium-
phaht verdict. with heavy damages.
Hard Cash" is termed "a matter Of
fact romance" but, a. matter Of fact
and law. no such letter could have been
received In evidence. Knowing that
under 4, ordinary circumstaneae. such
testimony would be inadmissible,
Rsaus u careful to- establish that the
writer knew herself to bS dying: but
he was unaware that dying deciara'
Ton" u only admissible in evidences
upon; q, charge Of murder or man
slaughter Of the person who has mad>
It apd cannot be laid before the jury
IN any other case whatever.
Numerous and entertaining arc the
trial scenes which adorn the works a
Mrs. Henry Wood. but thsy hardly pro
fsss to be strictly accurate. Lot me
point rather to an interesting slip on
DE part Of that most careful Of nov
slists, David Christie Murray who
shares to some extent the popular con,
fusion ON the subject Of the law d
iibd and SANDER. His powerful story
IA Capful o Nails" has for It's herr
q working nailerf who becomes az
se1tator ON behalf Of his much op
pssssed class. In consequence Of 4
speech announcing an unscrupuloul
employer be Il prosecuted on a charge
Of criminal libel: but thanks to a faith
fui friend and a smart lawyer, b
Smsrgss trtumphantiy.
uN1 fault .-esh be found In this cas-
With The way In which the villain i
GROSS examined to pieces. The din
Guilty 10 that no such prosecution coul,
have been instituted. at all. Yod ma,
Islander a man by dafamatory speech
but. to libel him you, must '.wrfte prin
or otherwise permanently record you
defamation of him, and, though slau
der and libel alike may expose you {
an action for damages, 1t Is libel alon
that can bring you within the grasp Q
the criminal law. 4
It y difficult to uphold this disfint
tion..: A libel " regarded as q, publ
crime a. we'll az a private wrong b.
cause; It tends to provoke breach q
the peace, but one would think a
much might be said Of SANDER. 6t
tho distinction exists, and the a
gressoh who confines his attack
words may suffer In purse, but not
person.
Such are few Of the slips to whic
the novelist IL Liable who unwaril
trespasses upon legal preserves.-Psa
sons Weekly.