The Washington herald., 1907-05-15
JUDGE ADVISES" LIE
He Terms FalSehOOd Right
If to Save Woman.
HER HONOR MORE SACRED
Chicago OhiciaI Splits Bench with
Unusual Stntement-"Periure Your
self Like a Gentleman for Womnn's
Sake" He Says-Other Members of
Court Give Views-Many Agree.

Chicago, May 14-Judge Willard Nc
Ewens declaration that lie in court
under oath was permissible, even justif-
able. when spoken in defense of a
womans honor, has divided the bench Of
Chicago. and caused no end Of discussion.
Judge McEwen. who is founder of the
now famous Sunrise Divorce Court" de
Clared:
Lie Ike a gentleman to shield a
woman"
The judge believes iu his own dictum.
as is shown by his refusal to receive tes-
timony in a divorce suit from a man who
admitted wrong doing with the woman
defendant Opinions Of other iurists vary.
A man who voluntarily takes the wit
ness stand 10 blast a woman's reputation
is so contemplate that he is beyond be-
lief, said Judge Marcus Kavanaugh
Chief Justice Harry Olson. OF the NUM-
clpal Court can see no way for a man to
violate the oath that he gives on the Wit
ness stand, even to protect a woman's
reputation
Judge Theodore Brentano IS for the
man who upholds the honor of the
woman. Il do not disagree with the senti-
ment expressed by Judge McEwen," said
Judge Brentano. 1T is an old sentiment
and often the woman is entitled to resort
to the lie. Woman always gets the worst
OF it in life A true man win always pro-
tect a woman at whatever cost
Lie Not JuStihabIe.
which a lie is justifable." said Judge
Mackenzie Cleland. "The truth is above
all else. and the man who deliberately
utters a falsehOod is guilty Of perjury.
no matter for what end he has lied OF
however disastrous the consequences may
be TO himself or to any other person
''The suggestion of the 'gentleman's s.
lie appeals differently to the Judge and
the man." said Judge Fred Fake. "The
judge can act only according to the evi-
dence presented to him, and cannot en-
courage the crime Of perjury. There is no
doubt. however, that the man who de-
liberately betTays a WOman's confidence
is a sCOundrer
4 believe that any man who volun-
tarily testifes against woman is beneath
contempt said Judge Kersten. Certain
ly MS testimony is not worth much. for
he is a scOundrel In cases where a man
IS forced on to the witness stand and
compelled to tell a story against his
wishes. II is a different matter"
Judge McEweu Correct.
Judge McEWen was centaiuly correct. 20
said Assistant States Attorney Barbour
Il look with strong doubt upon testimony
given by a man concerning his alleged
relations with woman. A man should
lie like gentleman or a pirate, any way
yoI want to put It, where a woman
reputation is concerned. If he doesn't he
is no gentleman, and far worse than a
pirate
Il do not think II is the duty of a man
TO periure himself under any circum-
stances said DR.. James P. Hall dean
of the law department of the University
Of Chicago.
1T is a fundamental principle Of law. '
said Prof. Albion W. Small. of the Uni
versity Of Chicago Graduate School. that
.an oath should be inviolable. A man
should refuse to testify In the case where
a womaD's honor is at stake. and then
take any punishment thet is inflicted"