Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-12-05
JUDGE WHO WATSON NO NAN
Tisbsr Of Arkansas Gives Lawyers Object
Lessen on Punotuality.
ALSO txACTs NOTICE OF COURTS DIGNITY
when matt Geriag rails 60 Appear
Case Proceeds 70 verdict he
fore Attorney FLASHES His
Excuse OveF Phone.

Judge Trieber OF the eastern Arkansas
federal district, who Is presiding in the
civil and equity court rooms OF the federal
building in Omaha, IL not disposed 10 en-
courage the dilatory tactics Of lawyers in
the trial Of cases before his court
This fact was lucidly emphasized Tues
day morning in the bankruptcy case Of
smith, McCord. Townsend DRY Goods CON-
pany and others against Henry Herold, a
case coming up from Plattsmouth.
Messrs. Crane and Boucher Of Omaha
are attorneys for the plaintiffs and Matthew
Gering Is for the defendant The case had
been set for trial Tuesday morning. Abe
attorneys for the plaintiffs were present,
but Mr.. Gering was not The plaintih' 5
attorneys said they were ready to go on
eth the case and insisted on doing 30.
Judge rrieber eoncurrsd In the proposition.
Then the plaintiffs indicated that they were
willing to proceed with the trial without a
jury. Judge Trieber remarked: Which
side has asked for q jury"
Mr.. Boucher. for the plaintiffs replied
that the defense had asked for the jury.
Allows No Exception to RuIe.
well, then" continued the judge, this
case will be tried by a jury. Mr.. Clerk;
call the jury. The plaintiffs cannot waive
the trial by jury. This is the date set for
the trial Of this case and We will pro-
coed"
Mr.. Boucher made his statement before
the jury, doing all the challenging, and
inside OF ten minutes the jury was sworn
and the first witness was called and ex-
amlned. No representative OF the defense
being present, there was no cross-exam-
nation, and inside OF twenty-five minutes
from the time the case was called the
jury returned a verdict, without leaving the
jury box. for the plaintiffs to the efteot
that the defendant had committed the act
Of bankruptcy as charged in the petition
and judgment was entered accordingly.
In the meanwhile It had dawned upor
Attorney Gering at Plattsmouth that hi
had a case set for hearing in the federal
court Tuesday morning and he telephonet
the circuit clerk saying he would have e
go to Lincoln to try a case before the su.
preme court and could not be in Omaha
He was informed the case was on trial and
then Mr.. 0ering said some unprintabls
things over the telephone, and before hi
had got through talking the case was de-
cided against him. But he had left the
other end Of the telephone line. before he
could be informed OF this fact.
UphoIdH Dignity of Court.
Just prior to the hearing Of this case
some Of the jurymen were lettering about
the court room with their hats on and
Judge Trieber not relishing their lack Of
appreciation for the full import of the dig
nitey Of United States court, sharply ad,
monished the Jurors and others Of this lacl
of propriety, saying:
tod fa :
barroom. Its dignity must be maintained
The judge then called sharply TO the
! United States marshal TO see that this
order was strictly enforced.
Upon the completion OF the bankruptcy
case Judge Trieber called for the mex
case which was that Of Elizabeth wally
administrator Of the estate Of John waIly
the motorman who was killed in his car
at Thirteenth and Jones streets the nigh
of September 10 by being run into by
[ backing freight train on the Union Pacih,
and who brought suit against the Omahs
& Council BLUFFS Street Railway compan!
and the Union Pacific Railroad company
for 5000 damages. The hearing was on
motion 10 remand the case to the distric
court Of Douglas county.
Waits on Nobody.
J. c. Kinsler. an attorney in the case. wa
asked II he was ready to proceed with tn
case. Il am always ready said Nj
Kinsler, but Mr.. Charles J. Greene. tn
leading counsel. is not here yet.
This court cannot be delayed by Mr.
Greene or anybody else" said Judg
TTieber. Proceed with your Arguments
Mr.. Green entered a moment or two late
and opened the arguments by undertakin
to show contributOry negligence on the par
OF the motorman when Judge Trieber inter
posed:
And I will go one step farther-if eithe
party had performed its duty the acciden
would not have happened"
The argument on the motion TO reman
lasted less than thirty minutes and Judg
Trieber directed that the motion to reman
was sustained and SO the case goes back {
the district court OF Douglas county 70
trial. The granting Of the motion to re
mand Is made on the ground It is not