davidaulloa/AmericanStories huggingface dataset:
Pine Bluff daily graphic., 1912-03-17

every ether department of human of- fort. great progress has been made during the last century, yet the courts seem strangely reluctant to realize the distinction between the 18th and 20th cen,umies. Because q certain method of procedure was de- cided upon as being the hest, one. two O. perhaps three hundred years ago, it does not conclusively appear why it should be blindly followed to- day under conditions widely differing from those which produced i'. or course, it is conceded that certain principles of natural justice are im- that .here is no peculiar odor of judi cial sanctity inseparable from lhs mere methods of procedure by which these principles are administered and applied. If mere rule of practice is found t0 operate as an lmpcai- ment to the enforcement, of the. law and the detriment of the public wsi- fare, then sound judicial policy demands that it be abandoned or changed, regardless Of it's antiquity I,' is encouraging to those who be- lieve that prompt, efficient and speedy decision of cases on the T merfs is of more importance 'han the stricf observance of any merely technical rule or method of arriving at ,he decision: that society as Q whole has right to be protected against Che criminal, which is quite as important and as sacred as thF right of the criminal to be profectee against society, to observe the rapid ly growing tendency of the courts O. last resort to disregard mere teehni calities and matters of form. Here tofore, until quite recently in a vas majority of all the criminal cases re versed by supreme courts In tht' country, the conviction was set asid' | and a new trial ordered, often 9 great expense to the law-abiding, tax paving citizens of the community, no because the accused WAS not clearl, proven guilty but on account Of som all ged defec,. in the manner of pro ceeding. The substance has boel sacrificed for the shadow and tn true object of iudieial investigation perv. red. Gradually the courts ar beginning to crawl out of the rut and ancient grooves in which the have so long travelled and to recos nize the fact that while consistency is undoubtedly Ca jewel" SO is prac fical common sense. There seems t be still room, however, for muc
 greater improvement in this direc i ion.
 Returning to the question immedl
 ataly before HIS. it will be seen upo investigation that in nearly, if nc t quite, all the cases where it ha
 been held that the absence of sa aE
Pine Bluff daily graphic., 1912-03-17

counsel, in my office, informed him Of what had done and he also, very cheerfultv, said that t wTs ali right-thereby consenting to my temporary absence. These are tn exact fac's as shown by the record in this case. On this state of fac's l confidently assert that no intclli- g mt lawyer or unprejudiced and dis inter sted layman can be found whG will nC. say tha l was justified in relying on the pledged word of coun- gel that no advantage would be taken of my absence. If there had been the slightest intimation to me of any such objection I should and would have left 'he court room just the same, but would have suspended all proceedings until my return.
 C0nspiences Their Guides.
 But, I had no reason to suspect anything of the kind, fer in all of my thilty-eight years experience at tho bar and on ,he bench l had never known a lawyer of any degree, high or low, to violate an agreement made ill open court CT break pledge made to the judge or court. When a law yer gives his word to the court it r. always accepted as being on homo, and on his professional oath of office and, to 'he honor of the legal pro- fession, can testify that I never before knew or read of a case il which it was not held sacred anG kept in good faith.
 I do not say these things in any spirit of criticism CT condemnation o counsel in this case Az to the eth ics and propriety of their action have nothing to say. Their own con. sciences must be their guide ant their, fellow members of the bar ant the people will be their judges.
 It does not by any means follow and it has not been so decided II | this state, that counsel may not, |! express agreement in open cour" waive their righs to save an exception to the temporary absence of the judge This is entirely different from hi; voluntary absence without their eX pr1ss waiver. In the case at bar tn counsel, by agreement solemnly made 1 in open court, waived their right tt except on the ground mentioned ant agresd that no objection or exception would be made or put in the rec ,ord. They now seek to cake advant age of the confidence reposed in then by the court, violate the agreemen which they admit that they made, an' ask the courf to set aside the verdie on the ground that the court ,di' something which, before !. was done they had agreed that the court migh do. I cannot agree that they hay either legal or moral right to d ..his, because, as I have said, they ex pressly waived it and their own con
Pine Bluff daily graphic., 1912-03-17

duct caused the very error eff it Dc an error) of which they complain. One of the oldest maxims of the law, is that "No man shall have advanl- age of his own wrong"
 Of course, l need not say to law yers that an az, cement made with one of several counsel in open court binds his client and his co-counsa;. This will not be denied.
 Common Sense Must Rule. Counsel may lay stress upon the therefore, the defendant cannot be even permitted to waive a subSlan- tial legal or constitutional righ's, al- though he might do so in a civil case.
 I must confess that I cannot SC" the logical force of such reasoning. The only provision of the consti. H. yiOn relating to the subject, is that "No person shall be deprived of life,
  ess of law" There is no express provision fofbidding waiver of a constitutional right and the constitu- 1 tioh itself makes no distinction in the dignity, importance or value of the several rights enumerated. The courts, it is true, in many cases have held that certain rights could not be waived in criminal cases, but in q large majority of these cases the waiver sought to E9 established was one arising by implication and net bv express agreement While all tho law on the subject is purely judge made" there are substantial logical reasons for refusing to sustain an implied waiver of constitutional right. On the ether hand, the man who may lawfully give away his en- fire fortune to 9 stranger and leave himself aSpauper; or, who may vol unteer for miltary service in time o1 war. and be killed, leaving a widow and ornkansko be supported by char ity, may we'll be held to stand by hi! express agreements, even thousf they may have the effect to waive some privilege conferred on him bl law. This is especially true wherf the privilege is one of mere form O. method of procedure which might b' changed or regulated by law mt where the defendant suffers no actua harm by waiving it.
 Technicality.
 The day of the technicality as ruling factor in deciding legal fs:ue is rapidly fading away before enlight :. ened public opinion. For years ba associations, learned jurists and em inene statesmen have been pleadini with the courts to apply the ordinar , rules of plain, practical commo sense te iudicature. The late Jus'ic Brewer, Mr. Roosevelt and Presiden Taft are illustrious examples. |
Pine Bluff daily graphic., 1912-03-17

sence of Jurist From Bench During Trial Where FIX press Agreement of Counsel is Shown Has Never Been Passed On By Arkansas Supreme Court-Jur- ist Holds That Adjournment of Court and "Impris- onment of Jury For Hi ghteen Days Was Legal Alleged Defect in the McVay Indictment is Not Well Taken, Says Court-Att orneys for McVay Are Left With Their Conscences for Violating the Ethics of Their Profession
Pine Bluff daily graphic., 1912-03-17
McYAY IS SENTENCED.

H After overruling a3e motion flor a new trial in the circuit court in the McVay case yes sterday, Judge Grace sentenced
 McVay to be hanged in this city on Friday, May IF The prison .er said he is innocent.
Pine Bluff daily graphic., 1912-03-17

ful soft Orinental Gesigns, scanned or seamless, look anu wear like $45.0 rugs, ba6 cost only $20.G0 to 427. 50.
 (40 different patterns.)
Pine Bluff daily graphic., 1912-03-17

Brussell Rings in 0rinetal and Floral designs, good and heavy. 9 wire in 9x12 sizes tor ......,... $l4.50
 (30 different patterns)
Pine Bluff daily graphic., 1912-03-17

# * * 4 # .s # s. * @ # * <. <.
Pine Bluff daily graphic., 1912-03-17

Heavy moquettes; very closely woven and high pile nap. in beautiful soft tone coiors and Oriental designs, with or without seams ....
 :. -. %z5.OO to $30.O0 each
Pine Bluff daily graphic., 1912-03-17

(Continued on Page 8
Evening journal., 1912-09-04
CLOSE PUBLIC
BATHS THIS WEEK
If SOL PERMITS

Owing to the small attendance at
the city swimming pools during the
latter part Of September the executive
committe of the Board of Park Com
missioners at their meeting this
morning decided to close the pools
next Saturday In case the water
should prove exceptionally warm,
however. the pools may remain open
longer.
After the half session ceases in the
public schools in September, the at
tendance at the pools decrease. the
records last year showing that only
100 persons visited the bath houses
from the first week IN September un-
til October This made the cost per
swimmer to be more than six cents,
which was very high.
The attendance at the pools on
Sunday was small. the figures being
Delamore. 60; Kirkwood, SO, and
Brandywine. a..
The contract for supplying winter
uniforms and overcoats for the park
guards was awarded to ~ Snellen-
burg and Company. The suits and
overcoats are TO be of the same color
as those worn by the police depart
ment of the city. Captain Horace
Wilson, Of the Wilson Line, offered to
repair the wharf along the Christiana
river at the park at Third and Church
streets. The offer was accepted.
Evening journal., 1912-09-04
CENTRAL LABOR UNION
RESUMES MEETING

The Central Lobar Union held IT'S
stated meeting at No. GOA Market
street last evening, there being a large
attendance Of delegates, twelve differ
ent unions being represented. After
the various communications were
read, including several Official ones
from Samuel Gompers, president of
the +. OF L., the observance Of Labor
Day was discussed. The delegates
from those unions that levy fines on
members that work on Labor Day. re-
ported no violations. but the carpen-
ters reported that non-union men
were working on the odd Fellows
Temple that day.
The publisher OF the Labor Herald
was highly complimented by resolu-
tion for the splendid appearance of
this official publication on Labor Day,
and promises OF still greater support
for the paper in the future we're
made.
Evening journal., 1912-09-04
ONE DEAD,
IL MISSING
AFTER FIRE
Flames Wipe Out Six Blocks
Of Property at Ocean
Park, Cal.
STATE MILITIA IN
TIE BURNED DISTRICT
BY The United Press.


OCEAN PARK, Cal. Sept. with
one known dead, eleven missing and
1000 persons rendered homeless, the
fire which swept Ocean Park last
night was still burning in spots to-
day. The property loss is close to
S3.OOO,0OO.
II. S. Locke, is known to have
lost his life. Several women and
children are among the missing. Hun
dreds of Los Angeles firemen are still
working on the ruins today and the
city is practically under martial law.
The State Militia and Los Angeles po-
lice are patrolling the ocean front
to prevent looting. A defective flue
in a clam chowder restaurant started
the conhagration. The burned area
extends over six blocks in the heart
Of the business section. The hotel
and apartment house district was
leveled and hundreds of concessions
and beach attractions were wiped out.
The Frazier million dollar pier was
burned to the waters edge.
Evening journal., 1912-09-04
NEW YORK
THIRD PARTY
MEN HOPEFUL
AS First Convention Meets
Leaders Say State Will
Speak Louder Than
Vermont
FIRST DAY GIVEN
UP TO ORGANIZING
By The United Press.

SYRACUSE, n. Y, Sept. 4-"The
news from Vermont" eclipsed every
thing in the view of 600 delegates and
alternstes arriving here today for the
first State convention of the Progress
sive party The result was numer-
Gus additions to the field of aspirants
for nominations. The leaders in
sisted that the outcome in Vermont
would be far exceeded in this state
in November.
State Chairman William n. Hotch
kiss said that with the organization
now being perfected the Progressives
would win over both the Democrats
and the Republicans.
Today was given up to organization.
drafting the platform by the commit
tee Of experts engaged in that task
and the reception of arriving dele
gates. The convention, which meets
tomorrow will be the largest state
convention ever held and will be
unique i'm the fact that more than
one-third of the delegates are women
although the women are denied the
right of franchise in this State.
III HO way utttiibu ny OhiO p At-
lection of womens suffrage, the
"gentler sex" delegates were perfect
ing plans today to force an enabling
constitutional amendment through the
next Legislature.
The Progressives' platform will
fuantly declare for suffrage. In addi-
tion 20 the various women's suffrage
organizations plan to line up every
/ legislative candidate either for or
against suffrage and fight those who
will not agree to favor it.
The question Of a State ticket was
under general discussion. Despite
his assertion that he was not and
could not be a candidate, great pres
sure was being brought to bear on
Chairman Hotchkiss to head the list.
II was argued by many of the dele
gates that his nomination would bring
to the support OF the ticket most OF
the Hughes strength in the upstate
counties.
But there was a general desire ex-
pressed to leave TO the convention the
question of deciding who the the vari-
Gus candidates should be.
Evening journal., 1912-09-04
CALL HIGH SCHOOL
ELEVEN FOR PRACTICE

Candidates for the Wilmington High
School football team will report at
Front and Union baseball park to-
morrow afternoon for the first prac-
uce of the season.
Judging from the number OF new
men who have signified their inten-
ton of getting into the game this
fall, there will be an abundance Of
material for the coaches to work
with. Some Of the new men will
give the members of last years
team who have returned TO school a
hard rub for their positions.
The team intends to start the sea-
son with a rush and real training
will start Thursday afternoon.
Al the present time a coach has
not been selected but it is under
stood that several good men are
under consideration and in a few
days one will be selected to drill the
eleven for the season.
Evening journal., 1912-09-04
INDIAN GIRL
BECOMES BRIDE

After Magistrate Gluckman this
morning had issued a marriage Ii
censeS to Christine Childs an Indian
girl and John NJ. Burns. of German
town, Pa, the couple we're married
by the Rev. George L. Wolfe. Chris
tine swore her parents we're Reuben
and Margaret Childs, full-blooded
Indians. She is a nurse, twenty-six
years of age.
Burns is two years her junior, and
gave his address as No. 52l4 Wake
field st. Christine said she lived al
No. 524O Wakefield street. German
town. They thought the Magistrate
could tie the knoG.
Evening journal., 1912-09-04
A Rinina Game.

In this the first word of the answer
must rime with the last word Of the
question. The players are seated in a
circle, and the game is started by
some one asking of his next neighbor
a question on any subject whatever or
by making any casual remark. The
3rst word Of the answer TO this must
rine with the last word of the ques-
ton or remark. This then goes around
the circle. each player in turn adding
a remark to that made by the one be-
fore him. always observing the rim
ing rule. Thus the original question
may be, "Do you like peach piesr'
The next player may reply, wise peo'
pie always do" The next may say.
''You, I suppose. agree with thatT
The next, Flat you may knock me II
1 don't" The next. Wont you
change the subject, pleasel" And the
next. Easily; let's talk Of books"
And so on as long as wits VIII work
Evening journal., 1912-09-04
VOTE
ELIMINATES T.R.
HILLES SAYS
BY The United Press.

By The United Press.
NEW YORK. Sept. 4.-Republican
National Chairman Hilles today said
that the result in Vermont effectu-
ally eliminated Roosevelt from the
presidential contest and that Repub-
licans who desired TO defeat Wilson
would have to vote for Taft.
The result shows the weakness
of Roosevelt throughout the nation" :"
Hilles said, land it means that
Roosevelt will not win the ELECTORAL
vote of a single state
The overwhelming victory Of the
Republicans In eleoting members OF
the state legislature makes II certain
that Fletcher will be seated"
Evening journal., 1912-09-04
SCHOOL CLASSES
UNDER WAY AGAIN

superintendent Twitmyer, Miss
Devine, the assistant superintendent,
and the principals of the various
public schools were busy today ar
ranging the classes. following The
opening Of schools and promotions
yesterday.
All who applied for soatings in the
schools have been provided for but
some Establishments may he neces-
sary before all the pupils are given
seats in schools most convenient to
their homes.
Il will be some time before Super
intendent Twitmyer gers statistics Of
the new school term in hand and
compiled.
Evening journal., 1912-09-04
LATE RETURNS
FROM VERMONT
BY The nited Press.

BY The nited Press.
BURLINGTON, VT, Sept. 4--Oficial
and revised returns from all but 81
towns in yesterdays gubernatorial
and legislative election, showed the
following figures at noon today:
Allen Fletcher, Republican, 23.599;
Harland p. Howe, Democrat, 1S,464
Francis Metsger, Progressive, 14,204.
The complete figures announced ear
lier today we're unofficial. The eighty
towns still to be heard from on the
election of representatives to the
Legislature are all strong Republi-
can sections, the disagreements and
failure to elect in most cases being
because of two or more Republican
candidates. In many of these miss
ing towns there we're no Democratic
Or Progressive candidates for the
Legislature.
Evening journal., 1912-09-04
SOCIALISTS WILL
GOTOJATLRATHER
THAN PAY TAX

Members of the various city trade
unions are opposing the collection OF
the capitation tax, aud while no con-
certed action has yet been taken
against the tax. all the delegates
from the organizations to the Central
Labor Union are said 10 be opposed
10 the tax. II was thought by many
that the Central body at its meeting
last evening would adopt resolutions
protesting against the tax collection,
but owing 10 the small attendance
the meeting did not last long.
The next meeting Of the Central
body will be held on September II.
when the resolutions will most likely
pass.
Coupled with this opposition TO the
tax is that OF the local Socialist
party. which Is preparing 90 take a
referendum vote on the question
"Shall the tax be paid?" This vote
will be taken by postal cards TO be
supplied the voters. After the cards
have been tahulated a committee of
Socialists will visit City Council and
protest against its collection, pro-
vided OF course. the referendum Is
against the tax. n this is ineffect-
i've, the labor unionlsts and Socialists
intend TO send a delegation TO COun-
Gil chamber In a body.
Several labor unionists said this
morning that before they would pay
the tax they would serve time al
Grecnbank.
Auto owners, dealers. repair shopI
and garages find the Wants a profit
able market place.--Adv.
Evening journal., 1912-09-04
HOME FROM FISHING TRIP.

The yacht Ruth Esther, command
ed by Captain William Greenwell,
and Mate William Murphy, which took
a party TO Bowers Beach last Satur-
day evening for an outing and fishing
trip. returned last night. Among
those who took the trip we're: Sam
uel Benson, Charles Bamberger. Fred
Greenwell, William Murphy, William
Greenwell, Sr. John Cathcart and
Charles Casperson.
Evening journal., 1912-09-04
WANT LICENSE AGAIN
TO CARRY WEAPONS

DR. Thomas O. Cooper, of No. 3l1
West street. has filed an application
in the Court OF General Sessions for
license to carry revolver. r.
Stewart Brown, cashier aud book
keeper In the employ of the JOSEPH
Bancroft & Sons Company. has also
filed an application for a similar IL
cense
The Court Of General Sessions viii
hear the applications at the Septem
Der term. Both Dr. Cooper and Mr.
Stewart had similar licenses las
year.
Evening journal., 1912-09-04
CLAPP SAYS
ROOSEVELT WILL
ANSWER PROBERS
BY The United Press.

DN ne AnllCu Iitcf
WASHINGTON, Sept. 4-Senator
Moses e. Clapp, chairman of the
Senate campaign fund probing com
mittee today announced that Roose-
welt would surely be a witness before
the committee to tell what he knew
about the alleged S150,OOO Standard
Oil contribution TO the Republican
committee in 1904. He was unable
to say on what date Roosevelt would
probably make his appearance here,
but that II the ColoneHs speaking
dates conflicted with the committees
plans, the committee would probably
change its plans to suit Roosevelt's
convenience. The exact date Of the
resumption of the committees hear
ing, the Senator said, had not yet
been determined, but il would be
some time near September 80, per
haps a little later
Evening journal., 1912-09-04
MR. PHALEN IMPROVES.

The operation performed on Frank
p. Phalen, a post office clerk at the
Physicians and Surgeons Hospital
yesterday afternoon, was successful.
The patents condition was reported
favorable to-day. He is suffering with
an affection of the breast
Richard Candle, another post office
clerk, is III at his home, suffering with
typhoid fever.
Evening journal., 1912-09-04
CHICAGO CAR MEN
AGAIN TALK STRIKE
BY The United Press.

BY The United Press.
CHICAGO. Sept. 4.-When it look
ed like the street car trouble was to
be settled and a strike averted by
arbitration, the carmen today sud-
denly withdrew the conference They
issued an ultimatum declaring that
they would walk out at the end Of
"a hours IL their demands were not
met. As their reason for quitting
the conference they asserted that the
car companies were merely trying to
delay while they fomented dissatis-
faction among the unions.
Evening journal., 1912-09-04
$2l,4OS IN POSTAL
BANK AFTER ONE YEAR

August 81 was the end OF the first
year the postal savings bank has
been in operation at the local post
Office. and on that day there was in
the hands of Postmaster Jester, on de-
posit in bank, S21,4O5. During the
year, 691 accounts we're opened. The
showing is considered exceptionally
good.
Attesting to the growth of business
at the post Office is the report Of the
receipts for the month just ended
were S21.191.12; those for August
1911. we're S1S.6OS.50 and those fol
August, 1910, S17,576.61.
Evening journal., 1912-09-04
PERSONAL.

Miss Mary F. Brown, of Delta, Pa.
is visiting MIR. and Mrs. David A.
Hay.
Mr.. and Mrs. r. R. Love have re-
turned from a two weeks trip TO
Havre de Grace, Baltimore. Sparrow's
Point and the mountains in the West
ern part of Pennsylvania
Miss Mabel Manning has returned
home after a months vacation in
Salisbury, Md.
Evening journal., 1912-09-04
RuILDING PERMITS ISSUED.

Building permits we're issued to-day
to A. s. Reed and Brother Company to
make repairs to the West Fifth street
plant Of the Wilmington and Philadel-
phia Traction Company. to cost s400,
and TO James J. keenan, TO make al
terations at No. 500 French street for
DR.. w. p. Miller, to cost 500.
Evening journal., 1912-09-04
WINDSOR CLUB OFFICERS.

The Windsor Soccer Association has
organized with the following officers:
John Fielding, president; George
Leach, vice-president; Harry Parker,
secretary; Frederick Walkden. treas
urer: James Timms, chairman;
Thomas Edge, manager, and William
Houghton, assistant manager.
Evening journal., 1912-09-04
AccDENTs OF THE Dan.

Two accident cases were admitted
to the Delaware Hospital today. Ed
gar Jones, aged 2S years. OF No. Sl4
South Franklin street, employed by
the Harlan and Hollingsworth Cor
poration, sustained an injury to his
left foot. Patrick Ford, aged 81
years, living in DUPONT street, fell
from a we'll and injured his knees
but not seriously.