The Bridgeport evening farmer., 1913-05-09
CASES OF INTEREST

regard the number 18 as unluoky may md support for their beliefs in a somewhat unusual case entitled State l V- superior Court, 128 Pacific Repor- ter, 1054. There one Sampson seeks "a writ Of mandate requiring the county auditor to issue to him a certificate of l election to the office of judge of the superior court in Washington The | raccs are: At the last general election l nine Judges were elected for a. full term commencing January 13 '13. Four Judges were then serving by execu- l tive appointment and were filling va cancies= created by resignation and | death. ReIator, holding the opinion 1 that, under the State Constitution pro l yfd4ng that in case of a svaoancy in the office of judge, the Governor Shall l appoint a person to hold the office un- til the election and qualification of a ] Judge to i'll the vacancy, which eleo- tion shall be at the next ys11cceedins l general election, the term of these ap- pointed judges expiring at the next general election on November 5th l caused stickers Do be printed and dis l tr1buted among his friends, contain ing his name and a statement that i he was a candidate for judge. He filed l no declaration of his candidacy prior to the primaries, nor did he atteTnpt to have any, notice of his candidacy given, but sought the utmost secrecy | and devoted his efforts to ltconceaIing rather than giving publicity to his candidacy. Out of approximately 32- GOO judicial ballots cast for judges. re- lator received thirteen votes by means of the stickers he has distributed. Re- lastor now claims that he hes been elected. The Supreme Court of Wash 1ngton holds that under the statute in force providing that at least IS days' notice shall be given of any special election, the special election in Ques- tion, though held at the same time as the general election is invalid, for no notice whatever was given, and reIa-f tor, though he received a majority of the votes cast for the office of judge because of this irregularfty. Is not elected; there being no such expres- sion of popular will as to. warrant the court in applying the principle that mere irregularities shall not override popular will.
 ADMISSIBILTTY OF EVIDENCE AS TO CHARACTER. While the law says that when a defendant is placed upon trial under a criminal charge he may offer evidence as to his good Icharacter, can he. go step further and show that his character is better than that of the. average man? The question is answered by the Court of Appeal of Alabama. in Cook V. State 59 Southern Reporter, 519, in a case in which defendant, a negro was charged with homicide. The court
 
 which permits defendant to show by witnesses that he-after the siInfl- ftude of the Pharisee who was thank full that he was better than other men -possesses a character superior in points of excellence to that of the av- craze man. The witness Harris was properly permitted to testify that the 1 defendant was, in the community in l which he lived, regarded as g. man of good character. The court properly
 
 ness to testify that his character was better than the average negro The l law draws no distinction between the l negro and the members of the whitei race as to what is or is not a good character. There Is but one standard, and all men must measure up to it."
 A IIANVYERfS LOYALTY. A strfk- ing example of a lawyers loyalty to his client is found in Oates v. State, 149 Southwestern Reporter, 1194. De fendant in 1904 was charged with mur- der At the inception of the, case one MT. Baskett was appointed by the court to defend him. The trial result ed in asconvfction and the death pen atty was assessed. The attorney ap- pealed the case and secured a reversal. The battle for the life of his client in this most remarkable case, extending over a period of eight years, Is best told in that the present case is the fifth appeal from CONTIGUOUS SGcn O1 which resulted in the death penalty. Steadfast, and true to his client through this long struggle the Texas Court of Criminal Appeals now ends his valiant efforts by decreeang that at last defendant has had a fair and legal trial, and, in affirming the con viction, pays the following tribute to the defendants defender: HThat he has done his duty in this case faith fully and to his credit will be borne out by the record of the five appeals, as we'll as by the arduous work in the trial court when the appellant stood before the jury with his fife in the bal ance. The ability, the courage, and the fealty displayed: by MT. Baskett for his client in this long legal battle is worthy of recommendation. The rec ords in this case, as they have came before this court, the briefs filed by MT. Baskett in defense of his client for his life and legal rights, and the able oral arguments before this court, as we'll as before the trial courts, evinces loyalty and ability that wor- thily commend MT. Basket as a law yer true to the courts, true to his cli- ents, and true to legal ethics It would not be saying to much to say that dered better service for his client and more efficient
 LIABILITY FOR INJURY TO GJN- BORN CHILD. Can person recover for injuries by him before his birth The question is novel. It Is presented for the first time in New York in the case of Nuzent V. Brooklyn Heights R. R. Co. 139 New York Supplement, 3s7, Plaintiff sues for injuries received 36 days before his birth. through the neg ngent starting of defendants car while his mother was alighting therefrom- The complaint, alleges that the in- juries to the mother affected the plain tfff's body, resulting in defornnIty at birth and less than normal nervous and physical condition. Is he entitled to recover7 Many interesting Ques- tfons arise It may be argued that an unborn child Is not an entity, hence a trespass upon 1t does not invade the personal rights of human being so as to admit of civil remedy at It's instance after birth An unborn child is not a member of political society,