davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1922-12-10

fendant is guilty, because this innocent
looking youth, whom the court addresses
as "Mr. District Attorney" has told them
so? OF course, they do! And they know
if they don't convict when they ought
the judge will probably read them the
riot act and hold them up to public con-
tumely. They are also aware that the
Grand Jury has indicted the defendant, and
that presumably he was caught by the
police with the goods" in the first place
The judge can talk until he is black in the
face about presumption of Innocence" and
reasonable doubt" but they will take it
all in the Pickwicllian sense. They con-
tinue to be reasonable men even after be-
coming jurors. They cannot seriously
imagine that after the evidence has been
sifted from three to six times by different
judicial and semi judicial officials the
chances are anything but Overwhelmingly
against the defendants innocence.
In the general run OF cases. with the
ordinary metropolitan jury, the tide is rum
ming rapidly against the defendant from
the moment he appears at the bar All the
ID. A" has to do is 10 stand on the bank
and see him drawn over the rapids. So
great is the prosecutors influence with
most members of jury panel. who after
several weeks of service have come to trust
and respect him, that not infrequent'y the
mere expression on his face is enough to
lead them to convict The District Attor-
ney and the jury come to feel that they
are a sort Of happy family" whose mutual
The New York herald., 1922-12-10
he District Attorney and the Accused

confidence and esteem engenders a sense
of "team play" leaving the stranger de-
fendant at hopeless disadvantage.
All the more under these circumstances.
does good sportsmanship demand that, no
matter what tactics the defense pursues.
the prosecutor must keep his own armor
unsullied-and play absolutely fair. Ere
quently this is hard work. When some arti-
fetal rule excludes a piece of vital and con-
elusive hearsay evidence-that the defend
ant was seen Immediately after the homi-
eide carrying a smoking pistol. for example
lit may well seem at the moment justifi-
able to get the fact before the jury by hook
or by crook. And there are a thousand
ways OF doing this-in the opening ad-
dress. which the court says is mot evil
dence." but which the jury is apt either
to accept in lieu Of it or to confuse with
1t; by innuendo in the asking of questions
proper" or improper; through the
mouth Of an impulsive but disingenuous
cop who just can't help blurting it forth,
although it be Immediately stricken out"
by the judge; or. IL the devil has been
busy. by simply saying 1t yourself so that
the jury can near you.
But there are even more subtle ways to
The New York herald., 1922-12-10

ten-perhaps ninety-nine times out of a
hundred-no harm results, but the hun
dredth time somebody is knitted in the
back-that unfair and unjust question is
what turns the scale in the jury's mind
against him. They are probably going to
think him good deal worse than he really
is. anyway Do not increase the prasump-
ton. heavy enough against him already, by
smearing him with mud that is not his
When all is said and DONE unless the
young prosecutor sets an example of just
dealing. high integrity and sincerity. his
years of service-his best years-will be
thrown away For in that example-the
amid the sordid surroundings of crime and
poverty. of coarse brutality and cynicism-
lies his greatest opportunity for public SER
vice. At first he is exhiarated by the con-
sciousness of his own supposed intellec-
tual and social superiority. Court officers,
policemen, detectives and office hirelings
pat him on the back. fiatter him and try
to induce him to believe that he is the
cleverest trial lawyer. the most astute
prosecutor, the most eloquent orator OF
the decade. He is in fact big fish in
a pool OF not inconsiderable size He
least of an office crowded with wealthy
and influential clients drawn there by
his reputation rs a prosecutor. He is
blinded by barney. stultified by syco-
The New York herald., 1922-12-10

started on his story, and fighting TO ex-
clude evidence that either is SO incon-
sequential that it is better to let it in
instead of wasting time in trying to keep
it out, or is in fact beneficial to the
Peoples case. Most>criminal prosecutions
i mean the ordinary cut and dried police
cases-are little more than matters Of
form. Crank the machine and it goes
along of itself If the District Attorney
isn't at hand to ask the witness well. ana
what happened next?" the Judge does it
for him.
AS matter of fact, the Assistant Dis
trict Attorney who for nearly a genera
ton, was as much a fixture in Part One"
as the jury box ITSELF was afflicted with
a physical ailment that made It almost
impossible for him to keep awake except
when actually on his feet He would aues-
ton witness and. having done so. sit
down while the defense was cross -examin-
ing and peacefully doze off until it was
time to call the next. Sometimes he would
wake up and sometimes wouldn't. But
things went along quite all right just the
same. and because the jury perceived that
h. had no personal AK TO grind and was
good natured person of generous impulses.
they usually found the defendant guilty.
Indeed, as l recollect it. the percentage Of
convictions to cases tried" by this as
sistant was the highest in the entire Of
fee yet from a theoretical point Of view
he was a very Dad prosecutor indeed.
since large part of the time he was So
iourning in the land 0f dreams.
The New York herald., 1922-12-10
The "All Highest" Prosecutor.

There is a natural tendency for the dis
trict attorney to substitute himself for
the jury, and. on the one hand-if he
thinks that the indictment should not have
been found, or perhaps. even that he can
not convict-to ask for a dismissal, or on
the other if the case appeals to him. to
strain the ethics of his Office a bit TO Sc
cure a verdict of guilty. A prosecutor.
knowing that his intentions are honorable,
may quite unconsciously usurp most OF
th' functions of the entire court, become
an autocrat, and leave others little or
nothing to do If the judge allows this,
the district attorney is apt to become
blinded by his own Importance, and feel
that whatever he may do is justifiable be-
cause he is on the right side. Thus. he
may use the authority of his official posi-
tion improperly to influence the jury or
employ methods to trick or embarrass the
defense, which do him little credit and
tend to reflect upon his Office and the
whole administration of criminal justice.
The temptation to play fast and loose
with a crook who has taken the stand in
The New York herald., 1922-12-10

carve the entrailS OF
a defendant, particu-
larly il he takes the
stand as a witness in
his own behalf. One
of these is by ques-
tioning him as to his
record" You can
ask him almost any,
thing you like. Any
how. you are permit
ted under the guise
of testing his credi-
bility" to accuse him
of every crime on the
calendar merely by
having him deny each
one of them SeriatiDt.
You are bound by
these answers" of
course. That is just
another of the laws
little ironies. For if
you look and talk
like a gentleman the
jury assumes that
you wouldn't have
asked the question if
the charge were not
true. Whatever he
says, they believe he
did 1t. His mo" is
worth nothing against
your presumptive
honesty. Thus, if you
ask a defendant ques-
tions which are not
based on known and
provable fact you
may be in effect
bearing false witness
against him In a
most dastardly way.
Nine times out OF
The New York herald., 1922-12-10

many hair splitting
refinements made by
the bench, particu-
larly in the old days
when the penalties
were so terrible that
even judges sought
TO mitigate the atroc-
ity of the law by
giving the defendant
another chance when
they could. But in
our criminal courts
to-day the contest is
usually one of fact, not
of law. The cases are
of the knock down
and drag out" vari-
ETY.. Courtesy, cour-
age, broadmindedness
and scrupulous integ-
rity are needed. rather
than legal ratiocina-
tion. 1t is merely a
question of bringing
out the evidence. and.
1t is not inconceiva-
bic that a substantial
percentage of GRIM
ial proceedings would
be facilitated if the
District Attorney did
not appear at all. One
often writhes with
mental agony when
forced to listen to
some youthful deputy
bl u N d erin G well
meaningly through a
ca 81 e, interrupting
with unn &c e SIS airy
questions just as the
witness gets well
The New York herald., 1922-12-10

trict Attorney B. recommends the dis
missal OF indictments found by District
Attorney A, but where B. recommends
the dismissal of those found by himself
the query is pertinent as to why he should
have submitted the matter to the Grand
Jury in the first instance If he was even
tually to change his mind about prosecut-
ing the effense.
The New York herald., 1922-12-10
Assistant "D. A." Has Every Advantage

Certainly the young assistant district
attorney has every advantage-not the
least among them being that he can speak
his own language and SO convey his ideas
to the jury-something not always the
case with his opponent. And. then. do
not the jury already know that the de-
The New York herald., 1922-12-10
By ARTHUR TRAIN.

r 7 is easy to grumble. Yet the Office of
District Attorney has so vital an in
fluence upon the respect in which our
institutions are held that we have a right to
hold those who occupy it to a high stand
ard of industry. sobriety and self-restraint.
The District Attorney does not need to be
great lawyer. One capable law clerk can
furnish most of the dope" for a staff of
assistants who rarely open a book-even
the Penal Code. Ninety per cent Of the
actual work of the office is the execise of
mere common sense. The majority of
cases practically try themselves" The
complainant tells his story in more or less
his own way, the defendant denies it or
stands pat" The Judge charges the
jury. They usually convict. There is no
real legal or trial ability required. And it
goes on. day in, day out-the mills of the
courts grinding out convictions. with few
scquittals, the year round.
Contest of Fact, Not Law.
The idea that criminal law is peculiarly
difficult or complex is unfounded. There
have il is trne haan
The New York herald., 1922-12-10

Continued on FouoWin0 Page.
The New York herald., 1922-12-10
Contest of Fact, Not Law.

The idea that criminal law is peculiarly
difficult or complex is unfounded There
have it is true been
The New York herald., 1922-12-10

7 is easy to grumble. Yet the Office of
District Attorney has so vital an in
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1922-11-14

The cocaine user is never hungry,
and can go from five to ten days
without sleep.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1922-11-14

Mr.. Hurst's mind was keen and active
until few days before his death. He
was an authority on the early history
of Wayne county and he could dis
tinctly recall all of its important
events from the time of his early
youth, when a greater part of eastern
Indiana had not been cleared and In
dams and wild animals roamed its
forests.
Ardent Democrat
He was always interested In pol!-
tics, being an ardent Democrat, and
events of national. state and local i'm.
portance. And he was particularly In,
tereste0 In following the advance OF
science. AS an agriculturist he was
thoroughly progressive. During the
last year Of his life, when he was bed
ridden a greater part Of the time, he
never tired Of reading about the de-
velopment of radio communication
He was thoroughly posted on the
subject.
Members Of his family attribute the
fact that the span of Mr.. Hurst's life
almost reached the century mark t,
the simplicity Of his living. He nevel
used tobacco nor intoxicating liquor
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1922-11-14

be answered by similar action on the
part of eastern stations, permitting
western phones to be heard without
interference. Detroit already has con-
scented to the arrangement
Radio in Zion
Besides the numerous other ser
mons available by radio on Sunday,
Wilbur Glenn Voliva has arranged to
broadcast his sermons from the huge
new tabernacle A set will be in
stalled with a range that will reach
the ocean to broadcast the sermons,
choir music and music of the great
pipe organ.
Japanese Radio System
Application for permission to OF
crate a radiophone system has been
made by the Daido Electric Power
company, of Nagayo, Japan The sys-
tenn will use current from the power
lines A wireless magazine is pub.
lished by a Japanese house and an
awakening interest is being shown in
| the industry.
Application for a concession to op.
crate a 100000 radiophone system in
Mexico City was refused by the Mex,
lean government on the ground that
1t could not be controlled and would
be very dangerous to the peace of the
| country.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1922-11-14
LOST HUNTING LICENSE
CANNOT BE DUPLICATED
4O7 PERMITS ISSUED

With the opening of the hunting
season, and the increase in number OF
licenses issued TO would be hunters of
Wayne county, the need for careful
handling Of hunting licenses becomes
more and more apparent. Mrs. Laura
Meredith, county clerk, stated Tues
day. Hunting licenses are all issued
from book which carries duplicate
stubs, and for this reason a license
can not be duplicated If once lost by
the owner.
There is no provision for duplicate
licenses. If the hunter loses the Ii.
cense that has been issued him, hi
can only obtain q new one by paying
a new fee and getting separate u
cense. All funds received for licenses
must be sent IN to the state Office
Four hundred and seven licenses
were issued last month. This month
is expected TO break that record, as
the quail season opens Nov. 10 and
lasts until Dec 20. Any honorabI,
discharged soldier may be issued Q
license free of charge.
The county clerks office is holding
81 fee sent in several weeks age
from Hagerstown. No name or ad
dress was sent with the money and
it will be held until the owner makes
himself known.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1922-11-14

Calvin Oda, minor. by his next
best friend, Joseph Oda, has filed a
suit in common pleas court, against
James Folkereth of Miami county, for
s292.50 and interest from Sept. IL,
1922, for damages as result of an
auto accident that occurred on the
West Milton and Dayton pike, north
of Union, Ohio.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1922-11-14
SaIlie W. StewGrt Guild
OF MT Moriah Baptist To
Celebrate Anniuers0r,

An interesting program has been
prepared for the celebration Of the
first anniversary Of the Sallie w.
Stewart guild of Mt. Moriah Baptist
church, which will be held at the
church Tuesday night beginning at
1880 o'clock.
The program is as follows: Open
ing selection, Dennis orchestra; invo-
cation, Rev. Robinson; solo, Mrs. Fern
Millions; address of welcome, Mrs.
Mary Jones, president; solo, Miss
Helene Perkins; selection, Hunters
quartet; address, 1.-The Work of Fed.
Grafton Clubs" Esther L. Goens; solo
Mrs. Dethridge; remarks, the Rev. j
p. @. Wallace; selection, Dennis or
chestra.
Address, the Rev. John H Perry;
selection, Robinson quartet; reading
Miss Anne Brown; instrumental selec
ton, Mrs. e. L. Perry; solo, Mrs. Effie
Bass; remarks, Mrs. Lettie Fox; silver
offering accompaniment by Dennis or
chestra; benediction, Rev. Gilmore.
The ushers will be Mrs. Carrie Dor
sey, Mrs. Mamie Thompson, Mrs. Per
kins and Miss Mary Gilmore.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1922-11-14
Out Goes All
Rheumatic
Poison

Rheuma Acts ON Kidneys. Liver and
Bladder the Very First Day.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1922-11-14
RADIO PROGRAM

Published Weekly.
RICHMOND STATION Central
Standard time)-
Il nOOns Indianapolis live stock
markets; Chicago grain.
70 p. m, news, live stock, grain
and produce. markets, weather
forecast, music.
o.5O TO Up. m, musical program,
news items, weather forecast.
INDIANAPOLIS WLK-
I'LL $50 a. M, musical program.
11.5O a. M. weather reports ana
weather forecast (4S5 meters).
z;!S p. m, musical program.
3-o;1o p. M. musical programs.
p, m. baseball results.
10 p. M. time and weather re-
ports .4S5 meters).
INDIANAPOLIS WOH-
lO-II a. M, musical program ana
market reports.
1-2 p; m, musical program and
SO p. M, baseball results, musical
program.
CHICAGO Central daylight saving
time)-
p. m, musical program.
~ p. M. news and sports.
SCHENECTADY eastern time)- .
p. m, market quotations ana
weather reports.
80 p. M. musical program.
PITFSBURG eastern time)-
p. M, popular talk.
p. m, musical program.
p. m, news and sports (United
1905 p. M, Arlington time signals
NEWARK IN. j. eastern time)-
q p. m, chiIdren's stories.
1850 p: m, addresses by popular
speakers.
y. M, concert.
1882 p. m, Arlington time signals.
DETROIT (MICH1 eastern fime)-
p. M, musical program.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1922-11-14
Home Face Peeling
Becomes Popular

No complexion treatment yet discoy-
cred seems TO have become so generally
popular as the mercolized wax process.
The reason evidently Is that this meth
cd actually gets rid of q bad complex
ion. instead of merely patching it over.
To temporarily hide or bleach the de-
fective skin, cannot compare with the
effect of literally removing the skin
itself. MsrcoliKed wax takes off the Of
ticles, a little at a time, until there
none of 1t left. The new complexion
thus produced exhibits healthy glow
and girlish beauty not obtainable by
the usual cosmetic methods. This re-
markable wax, which you can get at
your druggists in original one-ounce
package, is applied at night in the same
way you use cold cream. and washed off
next NEUTRALITY-SUSPICIOUS.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1922-11-14
WAR SAVINGS STAMPS
WILL Be EXCHANGED

Although 1918 War Savings Stamps
do not mature until Jan 1, 1923, Post
master Ray H. Weisbrod, of the local
Office announces that he VIII accept
them on and after Nov is in exchange
for the new four per cent Treasury
Saving Certificates.
Every 1918 stamp presented now
will be accepted at its maturity value
of So, If used as part payment for
one or more new certificates, dated
Jan. 1, 1923.
Postmaster Weisbrod is anxious to
handle the bulk of these exchanges
before the usual Christmas rush be-
gins at the postoffice. All owners of
1918 War Savings Stamps should take
notice and govern themselves accord
ingly.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1922-11-14

and he believed in and practiced the
adage:
Early to bed and early to rise.
Makes a man healthy, wealthy and
wise"
From early youth until he was we'll
past his ninetieth year, Mr.. Hurst
spent the greater part of his days at
hard work in his fields.
In recent weeks his interest center
ed about the political campaign and
it was matter of keen disappoint-
ment to him that be vas not able t.
go to his polling place. He did vote,
however, with absent voters ballots.
Although he was always interested in
politics he never aspired to hold pub
lie Office. Also, he was not q member
OF any secret society.
Mr.. Hurst Is survived by four chii-
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1922-11-14
ELIJAH
Continued from Page One J

CONTINUED rom Page One
of his life he was interested in horses
garded an excellent Judge of them.
Mr. Hurst died within a half mile
of where he was born. His parents.
John and Elizabeth Hurst, were ma
tives of Maryland. When they first
came west in 1902, they settled il
Ohio, but in 1907 they moved to Wayne
county and took out a 1000 acre land
claim in what is now Washington
township At their death the largz
estate was divided among their Chi
dren. Elijah Hurst was the owner oi
400 acres of farmlands.
Notwithstanding his advanced age
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1922-11-14
.HE last four years have marked

TIME last four years have marked
the growth of better under
standing between the Standard
Oil Company Qndiana) and the public
it serves. This better understanding is
evidenced by the fact that four years
ago there were but 1923 stockholders
on the books, whereas today the
number has increased to 26, 500.
misunderstanding necessarily dis
appears when people are frank. In the
last four years the Standard Oil
Company (Indiana) has published in
a frank and open manner a vast
amount of important news concerning
its methods of refining and distribut-
ing petroleum products. 1t has ex-
planned the factors upon which prices
are based; it has given figures which
explain why the demand for it's
products, and especially for gasoline,
is continually increasing; and by its
frankness the Company has prospered-
The efficient and economical refining
and distribution of petroleum prod
ucts Is a highly specialized business
requiring years 10 develop. The very
permanency Of the Standard Oil Com
pany Qndiana) is dominant factor m
the high quality of its service. Because
of this permanency the management
of the Company has been able to
mature and carry out plans for service
which required long periods of
time and great sums of money to
ccconpl.h.
In its efforts to provide a perfect
service, the Standard Oil Company
(Indiana) has developed construc-
tive and comprehensive Industrial
Relations Plan to promote harmoni-
Gus relations between the manage
ment and employe. This program
includes adequate retirement annui-
ties, modern safety devices, continu-
ely improved working conditions, and
a practical plan whereby employees are
enohled to accumulate savings and
invest them.
This program tends to make all en-
ployes better citizens and better
workers, vitality interested in serving
the public.
The Standard OH Company Qndiana)
believes in fair dealing toward all, the
public. its customers, its competitors,
and its employees.
Standard Oil Company
(Lndiana)
$40 S. Michigan Ave. CHICAGO. III.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1922-11-14

dren, Mrs. Emma Beeler. Boston town
ship; Mr.. Charles NJ Hurst, Washing
ton township; Mrs. Walter Hubbard,
Indianapolis, and Mr.. Lewis Hurst,
Denver, Col Two grandchildren re-
side in Wayne county, Mrs. w. L Ma
gaw, Richmond. and Mrs. Isaac VII
son, Boston township. Mr.. Hursts
wife died 16 years ago.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1922-11-14

Get a bottle of Rheuma today and
wear a satisfied smile on your face to-
morrow.
It's a remedy that is astonishing the
whole country, and it's just as good for
govt, sciatica, lumbago and kidney mis-
cry as for rheumatism.
1t drives the poisonous waste from
the joints and muscles-that's the Sc
cret of Rheuma's success.
But we don't ask you to take our
word for it; go to A G. Luken Drug Co.
or any good druggist and get bottle,
and if it doesn't do as we promise get
your money back 1t will be there wait
ing for you.-Advertisem
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1922-11-14
Petition For Divorce
Is Filed in GreenpiUe

GREENvILLE, Ohio. Nov. 14-Ben-
janiin McNutt has fled a petition IN
common pleas court against Eta Nc
Mutt, praying for o divorce. In his
petition, which was fled by Attorney
w. D. Brumbaugh, McNutt says that
he was married to his wife on Jan.
20, 1887.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1922-11-14
REcoVERs FROM RHEUMATIsM

RECEIVERS FROM RHEUMATISM
Had rheumatism five months that
back. Tried many remedies without re-
lief Finally used Foley Kidney Pills
and in fifteen days was entirely cured"
writes w. J. oliver, Vidalia, Georgia
Backache, rheumatic pains, dull head
ache, dizziness and blurred vision are
Kidney Pins QUICKLY relieve kidney and
bladder trouble A. G. Luken Drug Co..
626-62S Main. Advertisement