Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-06-24
Important Decisions
(The following notes ot cases Are
from the West Publishing Company.
OVERCRoWDED COURT ROOM

OVERCROWDED COURT ROOM.
An atrocious murder of a worthy cit
izen lately occurred in South Carolina.
which naturally aroused the interest
and indignation of an entire commu-
nifty. One of the persons suspected con-
fessed, and implicated as active par
Elephants In the crime, two others. They
were brought to trial. An immense
number Of people had assembled and
crowded into the court house. All were
intensely hostile to the accused. The
defendants being without counsel. one
was appointed by the court to under
take the defense. This attorney, on his
way TO the court thru the dense crowd.
had heard the expressions in regard to
lynching. which convinced him that II
he should ask for the three days Of
preparation allowed by law the prison.
ers would be lynched, and under the
compulsion of this fear he gave up that
most vital right, and went mediate
ly into the trial without preparation.
The court room was full-there were
people everywhere-and even the space
within the bar. Immediately around the
judge. the jury, and the witnesses was
so taken up by the crowd that coun-
sci for the defense had to ask several
times that they be cleared away. so
that he could Sc the witness he was
examining. 1t further appears that the
crowd so pressed around the jury that
counsel did not see the jury until he
stood before them to argue the case.
The defendants were convicted and,
under sentence OF death. they appeal
Estate vs. Weldon ct al, "a South
eastern Reporter, 43) The supreme
court holds that the trial was not fair
and impartial, and reverses the con-
victlon. The court says: Fairness re-
CURED that at least the space between
the accused and their counsel, the
jury. and the witnesses should have
been kept free from intrusion. Courts
can not control public sentiment; but
their commission from the people is TO
keep the invioIable precincts Of the
prisoners dock. the counsel's place, the
witness chair. the jury's seats. and the
intervening space free from either hos
tile or friendly invasion or intrusion.
lest the accused be terrified or his
counsel confused in making his de-
Tense. lest the witness testify falsely
under fear Of inducement lest the jury
be overawed or their minds influenced
by an atmosphere surcharged with hos
tility or partialiry.''
SERVANT RULE ABOLISHED.
Defendant in error brought action for
personal injuries received by him while
in the employment Of the plaintiff in
error company. which maintained
railroad to Its mines, on account OF
the negligence OF fellow servant. He
based his action upon the state statute
making railroad corporations operat-
ing within Arkansas, and every com
pany, whether incorporated or not. en-
gagged in mining coal. liable for in
juries OF death Of agents. employees, or
servants resulting from a careless
omission of duty or negligence Of any
authorized agent, servant, or employe
of the employer, in the same manner
as tho the fault were that of the en-
ployer himself. Plaintiff in error con-
tended that the statute was discrim-
inatory in that it applied to all cor
porations but not to individual en-
ployers or partnerships. The United
States supreme court in aluminium
Company OF America VS.. Ramsey, 80
Supreme Court Reporter, rs. holds that
the statute is not unconstitutional as
denying the equal protection of the
laws, and valid, there being equality
within the class Of corporations oper
ating railroads.
BINNS, HERO OF THE REPUBLIC.
Jack Binns, who it will be relnem-
bered was employed as a wireless tele-
grapher en- the steamship Republic at
the time it collided with the steamer
Florida, whereby the lives Of the pas
sengers. numbering about LOO were
endangered, but were ultimately saved
by means of wireless messages sent out
to other ship by him, and who for his
ga!lantry received the commendation OF
many nations and Of the press of the
world, brings suit In Binns VS.. Vita
graph Company of America, 1872 New
York Supplement, 237. to recover dam
ages. Defendant, engaged, in manu-
featuring and selling films for moving
pictures. Immediately after the COLI
sion of the Republic, made certain
films entitled &c. @. D., or Saved by
Wireless" etc, which were alleged TO
represent that the various pictures
were photographs Of Binns, while in
fact the films were made by an actor
who represented him. In this action
Bins contends that the pictures made
him appear ridiculous. and were re-
section pom him, for they showed
him fiercely putting cigaret during
the crisis, and that one hlm exhibited
him In a ridiculous posture, smiling
and smoking a cigaret, and winking
and making grimaces for the amuse-
ment of the spectators. Binns claims
that as result Of these pictures. and
the inference which would be drawn
therefrom that he had commercialized
his fame thus accidentally received, ne
was greatly disturbed in mind and his
feelings injured. The result OF the lit
igation was verdict for B1nns OF 312,-
500, whereupon an order was made set
ting aside the verdict and granting
new trial unless Binns stipulated to re-
duce the verdict to $2,5O0. The su-
preme court, appellate division. OF New
York, in the above-titled action holds
that since the civil right law author
ICES a recovery of exemplary damages
for the unlawful use of the name or
picture of living person. the verdict
allowing $12,5O0 Is not excessive. The
order is reversed and the verdict rein
stated
Each age Of our lives has it, joys.
Old people should be happy. and they
will be II Chamberlain's Tablets are
taken to strengthen the digestion ana
keep the bowels regular. These tablets
are mild and gentle in their action ana