The Bridgeport evening farmer., 1911-03-29

that the gum-chewing community is not, as a class, drawn from the most Intelligent and discerning portion of the public. The proof shows that in the city of New York the majority of customers come from the East Side, and is largely composed of igno- rant foreigners, many of them unable to speak our language. That such customers may be induced to pur- chase the defendants gum for the complainant's is more than probable" Gum -chewers may we'll revolt and cry out as with one voice. ''This was the most unkindest cut of all.'' An in junction was granted.
 Murder at age of 16.-Arrandell vs. State, 131 Southwestern Reporter, 1096, is an appeal from a conviction of murder with life sentence. De- fendant, at the time of the offense was under 16 years of age and at the time of trial, past IT. A statute pro- vides that, where a male juvenile un- der the age of 16 is charged with felony, the judge may order the pros- ecution dismossed and turn the jul venile over to the juvenile court. or try the cause, and, if a conviction re- suits, he shall be confined for five years or less in the training school. ton be dismissed and the cause transferred and heard as, authorized by the above statute. The motion was overruled and assigned as error on appeal. The next then is: Can a person who, when brought to trial, IS over the age of 16, claim the protec- tion of the juvenile statute on the ground that when the offense was committed he was under the age of 16? In answer, the Court of Crimin- al Appeals of Texas says "No,". In reaching this conclusion the court holds that since it often occurs that q man is brought to trial years after the commission of the offense, which is simetimes not discovered for 10 or l5 years or until grown to mature man. hood, it would be a travesty to allow the protection of the statute on the ground that he was below 16 when the Offense was committed. To hold otherwise might give rise to the an omalous condition of sending a man to the juvenile court to be confined in the school for the training of chill dren who at the trial might be 40 or 50 years of age. The conviction was affirmed.
 February 2s, 1910, is impossible According to mathematics as taught in the little red schoolhouse, l day equals 24 hours, but for defendants in the cases of McGinsey vs. State and Nobles vs. State, 132 Southwest ern Reporter, 773, 1 day equals Al years for McGinsey and 40 years for Nobles. So authorities differ. They were each convicted of robbery, and given, respectively, 40 and Al years in the penitentiary; but because the man who drew up the indictment had not committed to memory the old adage, Thirty days hath September" etc., they appeal, for the indictment alleges the offenses to have been com mitted on February 29. 1910. The Court of Criminal Appeals of Texas holds that this is an impossible date. and is not a sufficient allegation of which requires that there shall be some particular date mentioned. The prosecutions were dismissed.
 Shooting ic not fndecent.-To shoot justiiably is snot acting indecently, according to the Court of Appeals of Georgia, as stated in Cummings vs. State, 69 Southeastern Reporter, SIS. The testimony showed that defendant, when at a point about a half mtie away from church was met by an- other person ,who made an unjusti- liable and deadly assault upon him, whereupon defendant opened fire with a pistol to defend himself. He was charged with violation of the Pen-5 al Code, which makes it a misdemean- or to disturb persons assembled for divine worship, the states theory be- ing that he acted indecently in firing the pistol thus near the church in question. He was convicted. and appeals. The court holds that his con- duct was~ not such as to violate the statute prohibiting indecent acting,'' for that term could not be extended to mean that a person is restricted from exercising the highly esteemed right of self-defense against felon- ious assault. The court says: "Di- vine worship is sacred but so, also, is the defense of ones own life.'' The judgment was reversed.
 Malignant Endocarditis. - Some Danahy vs. Kellogg, 126 New York Supplement, 444. This is an action to recover damages for death re- sulting from an automobile accident. The certificate of death stated the cause to have been malignant endo- terior of the heart. Defendant prays for an order of discovery with permis- sion to exhume the body and dissecr it so as to ascertain the true cause of death. Plaintiff, as next of kin to deceased. objects, and presents affi- davits of physicians tending. to show that, owing to the use of embalming fluid, it would be impossible to ascer- tain from the inspection demanded the information desired. The Su- pT6m0 OOuTL or NGW 4OEk, ETC county, denies the application, basing it's decision upon the absence of any right or authority in the court to grant the inspection. The court rel marks that 'the night encampmenti of the dead has for centuries been deemed Gods acre. and 'hallowed ground and the remains of the dead have been permitted to be disturbed only for urgent and sufficient req sons regulated by statute." Defen- dant cited a provision of the statute providing that the court has power to compel party to a suit to allow dis cOvery of any article or property" in his possession relating to the mer- it's of the action, but the court holds that this does not apply to dead bod ies, and says: "If the article to be inspected were piece of machinery instead of a human body, the court, under the section relied on, would not be warranted in making an order permitting the machinery to be taken apart, and a part of it carried away for the purpose of further examina- tion. Much less would the court be justified in permitting an autopsy on 6 human body"
 Newspapers Cannot Recover for Sunday advertisements a newspaper. seeks to recover the rea-
 onable value of services performe ed on Sunday in publishing advertise ments. A Wisconsin statute prohib- it's labor, business, or work, except works of necessity and charity, from being performed on Sunday. The Supreme Court of Wisconsin, in Sem II r