Evening journal., 1909-09-16
FOSTER FIGHTS
PRISON TERM
Begins CertiOrari Proceedings
After Judge Cochran I'm
poses 80 Day Sentence
FOUND GUILTY OF
ASSAULT ON LAWYER

After having reserved his decision since
yesterday, Judge Cochran In city Court
this morning sentenced Mahlon B. Fos-
ter, a well-known business man. to 30
days imprisonment on the charge OF as
sault and battery upon Lilburnc Chand-
Ter, a lawyer.
Following tho sentence Foster was
locked up, but at noon his attorney Hor-
ace G.. Eastburn began certiorari pro
oeedings in Superior Court In Fosters
behalf Foster alleges that the records
in the case are defective. Pending
renewal OF the case Foster is under $500
bail. Victor r. Pyle and William r.
Hawkins are his bondsmen.
In imposing sentence, Judge Cochran
said:
have given serious consideration
to the evidence produced I'm this
court yesterday at the hearing. and
the facts as proven 10 the court are
that the defendant, Foster. entered the
ONCE Of Lilburne Chandler. an attor-
ney-at-law. for the purpose of discuss
ing with him some question arising
out OF a business transaction between
Mr.. Chandler and Mr. Foster. That
a contention arose between them In
the discussion of these matters. and
when the dispute reached a certain
stage Mr.. Chandler ordered the de-
| fendant to leave his office, which order
the defendant refused 10 obey but in
stead thereof he proceeded 10 assault
Mr.. Chandler with great force and
viciousncss. doing Mr.. Chandler great
bodily harm. and placing him in such
condition where much greater bodily
I harm might readily have occurred,
which further bodily harm might have
been to the extent Of manning Mr..
Chandler for life.
MIR. Chandler in mainting his office
for the practice Of the law. invites
the public TO enter the Office for the
transaction OF such business, and for
this purpose is permitted 20 enter his
Office without further invitation and
without becoming trespassers thereby
To this extent Mr.. Chambers ofiic'
differs from his house. which the Law
designates as his castle. and in which
/ no person Is allowed 20 enter with
out a special inyitation. but in tn
= case OF jefferson VS.. Adams, IN Al
= Harrington. Page 32i. where IN
j. plaintiff kept a public place. and n
d defendant had entered under the ger
III NINLN NNANNNANNNn OF NUE UUnIIl 10 Nnl
, therein and transact the busine
which the plaintiff held himself ol
!, 70 perform. and the court held thu
while the public had the right TO ont'
such place for the purpose Of trans
{ acting such business. and further hel
u "They have no right 10 enter b
violence or for the purpose OF breakin
/, the peace: or. having entered lawfully
b If they are afterwards guilty Of un
z lawful conduct. this makes them tres
q passers from the beginning" And il
the case of McDermott VS.. Kennedy
, 1st Harrington. Page 143 the cour
, said 'That il a man orders another
out Of his house. he is bound to go
and. II he refuses. the owner or ac
cupant Of the house has a right to pu
him out and 20 use the force neces
sary for that purpose"
When. therefore. Mr.. Chandler or
dered the defendant Foster 10 leav
his Office. the defendant at once be
/ came a trespasser. and Mr. Chandle
had a legal right 10 eject him, usinl
whatever force might be necessary.
1t was also known to the defendant
as II should be known by the entir
public that a client I'm a dispute wit
his counsel has a broader redress tina
II the dispute arose between him an
another citizen. He has the right tina
he would have against any citizen
proceed against him by civil action "a
an accounting or otherwise. but in ad
, dition to this he has the further rs
dress OF presenting any grievances
d the Bar Association. which in retuI
would report any improper action
+ counsel toward client to the court
c which the counsel is an officer, and Il
= sufficient cause the Court would in
j. mediately dlsbar such an attorney an
6 thus prevent his further practice as
e member OF the Bar.
T. Under all the circumstances Of Il
B: case / am OF the opinion that the d'
/ fendant committed an aggravated ar
4. unjustihable assault upon the pros'
>, cutting witness. and such an assau
calls for penalty commensurate there
with. In tho case OF Jefferson v
Adams. above referred TO- 1t is lai
down that for such an assault pun
D tive damages may be awarded in ao
dition to the compensation for the az
tual injury. and the application OF IN
i principle appears TO be fully justillahl
II in this case. The sentence Of the Coul
Il therefore Is that the defendant b.
= committed to the County Workhous
is for the term Of 80 days without an
= imposition OF fine