South Bend news-times. (South Bend, Ind.) 1913-1938, 1921-01-24
CLOSE ''TOKIO" SECOND TIM
Scores
Result of Toxic
O1gner,S Trial
DIR. Davis Says That Future
Authority of Police De-
pends Upon Case.

IN compliance with the request
Of the Mems Bible class Of the First
Baptist church. DR. L. :. Davis. in
struCtor of the class and pastor OF
the church, cast aside his Sunday
morning sermon and substituted a
discourse on The Toxic dance hall
trial" nr. Davis discussed for -
minutes his impressions gained IN
he initial hearing OF the case against
George J. Breing. owner and mana
ger OF the dance academy who is
charged with breaking the Saboatn
Day. The question, he said, was Of
vital and immediate Importance 10
every citizen of South Bend.
DR.. Davis said in part:
4 am asked by my Mems Bible
class to speak on my impression Of
the trial of the Toxic dance hall
am glad to do this because 1 feel
that this trial Is a matter of vital
and immediate Importance 70 every
citizen of South Bend. il is import
ant because of the principle involv-
ed. 1t struck at the fundamental
principle Of our Anglo-SaXon ideal
OF trial by jury.
My first impression was that the
jury system u in great danger. Tria!
by jury was won by our ancestors
after centuries Of struggle and even
blood shed. IL was made the corner
stone Of the English Jurisprudence.
II has stood the test Of three hun
dred years in this land. 1t must
somehow be preserved. What
was the method OF impanel-
ing a jury in the police court Wed
nesday morning? Men were select
ed who happened to be on hand.
I 4
habitual hangers-on around the
city hall looking for a job. Then the
requirements Of a juror from the
questions of the lawyers would inn
ply that no man can get on the jury
who ever had an opinion or con-
viction.
Saws Ignorance Desired.
"It is true that every man took an
oath 20 tell the truth and render a
fair and impartial verdict in accord
ance with the evidence, yet every
man who had an opinion Of his own
was distrusted by the court that he
could render such a verdict, and was
dismissed. A man who does not
think. does not read, never has an
opinion is the best material possible
for a jury. Il seemed 10 me that
the lawyers demanded ignorance
rather than intelligence TO try the
case. Have they discovered that
ignorance is more plastic and more
easily imposed upon by fallacial and
half-true arguments Perhaps. The
lawyer for the defense asked old
men such questions as these. Do
you dance? Do you dance on sun
day? Would you have any personal
objections 70 another man dancing
on Sunday? Would YOU have any
personal objections 10 man run
ming a dance hall on Sunday
II he answered these questions sat
isfactorally he was retained. /
wonder why they went on and tried
the case. What was the USE
MY second impression was the
method of the trial In the course
Of procedure they lost sight OF the
case in hand and tried the consttu-
tionality cf the SUNDAY law. The
defense pointed out that the law was
90 wears old. therefore was ont OF
date and not a good law. lie point
ed out that our Pilgrim Fathers
lived 500 years ago and what they
did no man of sense would follow
IN this progressive 20th century.
He went further and pointed out
that the Fourth Commandment
Remember the Sabbath Day and
keep II hOly-was given 1000 years
ago and it was old. and perhaps out
OF date. The argument was that an
old thing was not n true thing
Then the Commandents-Thou shalt
CONTINUED on PAGE TWO)