The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-04-25
SHAKESPEARE IN U
II Bacon Could Take the stand Hi
Testimony would BE Rejected.

To THE EDITOR OF THE SUN-ST: SO
Judge Tuthill has decided the "Bacon-
Shakespeare" controversy In favor OF
Bacon after profound confederation OF
all the evidence. In Myers W. Chicago
&C. Or. Co.. 95 Fed. Rep. 406. 414. 81 c.
c. A. is7). Judge Caldwell. who had
served nearly thirty-five years on the
bench Of the United States District and
Circuit Courts for the Eighth circuit
said (the italics are mine)
The constitutional mode OF ascertainins
the sense OF reasonable men on disputed
questions Of fact In common Law actions
IL by the verdict Of twelve Jurymen. ana
not by the opinions Of the judges. II was
because TIE people knstC the Jsdses 'osre
poor Judges Of the fdcfs that they com
mitted their decisions to a jury. and every
days experience confirms the wisdom OF
their action.
Speaking for the United States Cir
cult Court Of Appeals Judge Shelby
said:
The bench once accounted for familiar
physical and mental conditions by Witch
craft. and that. too, at the expense Of the
lives Of innocent men and women. In
that day It was said from the bench that
to deny the existence of witchcraf was to
deny the Christian religion. Juries would
have done better.
BY the way. in the Massachusetts
witchcraft episode the juries recovered
from their delusion quicker h the
Judges see 2 Elliott. the New England
History. chapter 3.
In rironi vs.. Corrisan H7 ". J. EQ.
1875. 20 All. Rep. 2lS). q case in equity
tried by a New Jersey vice-Chancellor.
the defendant. a Roman Catholic priest,
testified that he had paid the complain
ant, an old parishioner, $1,000
In bills for certain real estate. IN
complainant absolutely denied the pay
ment. There WAS some other evidence
bearing upon that issue Of fact. The
Vice -chancellor considered the testi-
mony at great length m declared the
priest a liar. ON the same testimony
the case was taken to the Court of Err
rors and Appeals. which decided In short
order that the priest had not committed
perjury. hat his story bore all the
marks of truth. and hat the testimony
OF the complainant was ciaringly false.
Georgian VS.. Pironi. 4s N. J. EI. 607.
20 All. Rep. 1861
In a divorce case the same Vice.
Chancellor wrote al opinion which row.
ers thirty-seven pages 81 the report. and
| upon an exhaustive review OF the testi-
mony adjudged the wife guilty Of adul-
terry and granted her husband a divorce.
Brown W.. Brown. 81 n. J. Eq. %, ~
All. Rep. 500 on appeal to the Cour
OF Errors and Appeals the same evidence
was examined and discussed. the decree
OF the Nice-Chancellor was reversed,
and the wife's name saved from dis.
honor. Her reputation under the proofs
stands without n stain or Flemish upon
IL" was the unanimous opinion Of the
hfteen Judges. t63 ~. J. Eq. GAS, sc
All. Rep. 60s.)
We have much authentic information
OF Bacon's political. literary n other
activities during the period when the
Shakespeare works appeared, and We
know that ne was a finite being. WHO
could not make a day yield more thar
t~wenty-four hours or a week more than
seven days. II Bacon were to return
% earth and testify that he wrote the
Shakespeare sonnets and plays he could
not be believed for the testimony OF a
witness TO that which Is physically i'm.
possible must he rejected as not in &C.
cordance with the truth Of the matter
even " not contradicted by the direct
testimony OF any other witness, GU. g
VS.. Post. l2s Fed. Rep. 953. o54)
CHARLES C. MooRE.
NoRrHroRT. l.. l.. April 90.