The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1907-02-08
DEcALoeuE OF THE
"UNWRiTTEN YAW."

~
Baton Rouge, La, Feb. S.-Judge
Thomas ]. Herman of this city, whose
defense of the "unwritten law" Great
ed a sensation at the last convention
of the American Bar Association, is
now putting his theories to actual
test as chief counsel for Congressman
elect George K. Favort, who is charg-
ed with h murder OF DIR. r. H. Al
drich. Favort alleges that he shot
his old college friend and family paN
stefan because of the derogatory re-
marks made by the latter regarding
the congressman's wife. The 'unwrit-
ten law is pleaded in Favrot's de-
Tense.
Judge Herman, who is acting az Fav
rot's attorney, is perhaps the first
man to codify the "unwritte1 law"
having formulated a complete deca-
logue of this Jurisprudence of aw-
lessness. The statutes embraced in
this code, which Judge Herman de-
clares is in full force and erect in a
large portion of this country, are as
follows:
Section Amy man who COM
mits rape Upon a woman of chaste
character shall, without trial or hear
ing of any kind whatever. be instant
ly put to death by his captors or
any other body of respectable citi-
zens, not less han three in number.
Further, they shall ave the right to
determine the mode of execution,
which may be both cruel and unusu-
al, the constitution of the state and
the United States to the contrary not
~withstanding.
Section Amy man who commits
adultery may be put to death with
impunity by the injured husband,
who shall have the right to determine
the mode of execution, be it never so
cowardly.
Section 3.-Rny man who seduces
an innocent girl may without a hear
ing be shot or stabbed to death by
her, or by any near relative of the
injured girl, and if deemed necessary
by the slayer, such shooting may be
done in tne back or while lying in
wait.
Section 4.-Anyman who traduces
a virtuous woman's character for
chastity nay be SHOT with impunity
by her husband or any near relative.
Provided, that the offender must first
be given an opportunity to deny or
d%isprove the charge or retract or
apologize.
Section 5.-The survivor of a fatal
due must be acquitted if the duel
was fairly conducted according to h
time honored provisions of the code
of honor.
Section 6.-Any man who kills an
other in a fair fight shall not be found
guilty of either murder or man
slaughter, but must be acquitted, vel
though he be the sole aggressor.
Section THE lie direct and GER
tain other well known opprobrious
epithets, which constitute moral in
suit, are each equal to a blow, and
any of them justifes an assault.
Section Sin prosecution for steal
ing cattle, horses OIL hogs, the pre-
81 vi 10 " 80
favor of the live stock, and the &C
cused is presumed to be guilty.
Section 9.-In all civil suits by
natural persons against corporations,
the latter are presumed to be liable
and can establish want of liability
only by a clear and decided prapon-
derance OF evidence.
Section 10.-In every action by
employe. against employer for person
al injury, the plaintiff shall
damages unless the defendant en-
ployer proves want of liability be-
yond reasonable doubt. In all such
cases the measure of damages award
ed shall be governed by the pitiful
condition of the plaintiff, the sympa-
thy of the jury and the ability of the
employer to pay.