The Washington times., 1914-06-20

| Interchange between Chairman McCoy
| ana Attorney Darlington Congress j.
\ map Beall said that Mr.. Darlington
claims her record does not show every
thing. II there were exceptions taken
and request to direct a verdict and
1t does not show. then 1t is not a CON-
plete record"
Mr.. Mccoy said he understood It was
not customary here to have the ste
nographer take exceptions and note re-
That is the main thing the stenoe-
rapher Is there for" said Mr.. Darling
ton.
1T is admitted that a request to
charge. Of some kind. was made In the
case" said Chairmn Mccoy, referring
McLachlen said he did not even know
hoy many requests were made"
Miss MacCartee interpolated regarding
the noise in the courtroom.
You had not been retained in ad-
vance by Mr.. Sherier and Mr.. NC
Lachlen to take this cases" asked Mr..
Nelson.
mo. they engaged my transcript
afterward.'
"At that time had you sufficient legal
knowledge to know the Importance. OF a
judges charger"
Record Is inserted.
"Oh, yes, know the charge IS the
most important thing. Lawyers viii buy
that some times when they will not
take any other part of the record"
Reverting to the changes made by At
torney Metzgar in the Auerbach case
charge Miss MacCartee said she stood
by her notes which Mr.. Metzgar said
were wrong.
'If Mr.. McLachIen is going to in
sist that the charge in the other case
was complete" said Mr.. Darlington.
finally, then 1 anl obliged to ask that
this charge be put in the record just
as it was written by Msis MacCartee."
The committee stenographer was
instructed to include in his record the
Auerbach case charge, minus the cor
rections, Mr. Darlington saying he de-
sired this in connection with the
question of the experience or mex
perience of Miss MacCartee This
charge, according to Miss MacCartee's
was taken October 23, 1913.
Sherier Is Sailed.
In opening his testimony, Attorney
Joseph Sherier, engaged in the Booth
Simms case. said that when he had
taken the bill Of exceptions In this case |
to Justice Wright for signature that |
Justice Wright had declined to sign It. |
Justice Wright said the charge was |
not correct" testified Mr. Sherier. II
asked him to correct II, and he said he !
did not have The time to do so. |
tons, and 1 would make them, and |
he said it would take as long TO do |
that as to correct II himself. Justice |
Wright also claimed that the instruc- |
tons asked for in the case were re-
jected by the court as a series. He |
said, he would not sign the bill Of ex-
ceptons unless the charge were elinli-
mated, and IL was made to show that
the prayers asked were rejected as a
series.
ct said that under the rule I pre-
;umed we were entitled to a new trial, /
Is he would not sign the bill. He said Il
We were not entitled to new trial II
There was nothing for US to do but to
1ut, after comforting with associates 1
decided that we had good chance to
get a reversal On the motion to direct II
/ verdict, and, accordingly, we pre-
,ared and submitted bill Of excep-
ions with the charge and prayers for
Instruction eliminated and Justice
Wright signed that"
Verdict Was Affirmed.
How much was involved in this
:ase?' asked Mr.. Nelson
"Fifty-five dollars"
1.-The court below was affirmed?" ask
d Chairman Mccoy.
Yes, the verdict was affirmed"
Attorney Sherier said Justice Wright
lad shown him the players in cham
'ers and had said: You So what l
ave written cross them-'Au refused
S a series and Ex-' meaning exception
Ioted.' III
"Justic eWright said he had writ
en- this at tho time" continued Mr.
;herier, but / was sure he had not
marked 1t at the time. He certainly
i'd not write it at the time of the
election of the prayers, for hS did not
ave them in his hand at tkat time"
Double Rainbow Causes
nII1oR 1f Clx III