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Jury Duty

A Book by a Lawyer for Laymen

GENTLEMEN OF THE JURY-Francis L. Wellman-Macmillan ($4.00). This volume is addressed "to the tens of thousands of men that are called each year to serve their first term in the jury box." Its object is stated by Author Wellman to be "to acquaint jurors with the profound importance and dignity of their membership in that ancient and honorable institution of Trial by Jury; to lay before them the duties, privileges and prerogatives of a juror, to open their minds to the fallacies of human testimony, the whys and wherefores of intentional perjury, the methods. by which truth can be distinguished from falsehood and exaggerations can be reduced to their proper proportions."

A succinct impression of its contents may well be conveyed by setting forth the chapter headings and list of illustrations. The chapters are: I. A Middle-aged Merchant's First Experience with Jury Duty; II. History of Trial by Jury; III. Witnesses; IV. Lawyers; V. Lawyers; VI. Judges; VII. Judges; VIII. The Verdict; IX. Some Suggested Remedies. The list of illustrations includes: Joseph H. Choate, Lord Justice Braxfield, Lord Mansfield (of law merchant fame), Lord Chief Justice Coleridge, William F. Howe (Abe Hummel's partner), Scene at Trial of Carlyle W. Harris, Lord Gordon Hewart (present Lord Chief Justice of England), Lord Chief Justice Russell, Lord Chancellor Jeffreys, Trial of Sir William Armstrong, Recorder Frederick Smyth, Mr. Justice Henry A. Gildersleeve and Mr. Justice George C. Barrett. Every one of these pictures is pertinent to the reading matter wherein it is found.

"The world," says the author, "is already too full of moral lectures and serious reformers; and while I trust my efforts may prove instructive to the uninitiated, my ambition is also to be hailed a welcome raconteur." The public press is daily informing Mr. Wellman that this ambition has been gratified. One Heywood Broun of The New York World, in a column devoted to this book, is on record to the effect that after reading Gentleman of the Jury, he regretted for the first time that the laws of New York State exempted newspaper men from jury duty.

Mr. Wellman, in the course of 40 years of active practice, has tried more than 1,000 cases before juries. He is also deeply versed in legal bibliography. In the present volume, he

has drawn with discrimination upo both his experience and his learning. The style is vivid, almost nerv The first chapter is the narration a juryman in a case involving a st for civil damages by the widow ci famed banker killed by a youn lawyer, who used his beautiful we to further his professional am tions, only to find that she had been seduced by the famed banker; a who thereupon killed the trespass and invoked the unwritten law. A note at the end of the chapter stat that the facts were for the most p imaginary.

Significance. Many lawyers have like Colonel Ingersoll in the St Route Case, closed their address the jury with the admonition tha they were about to retire to a room "where all power is powerless exce: your own." Edmund Burke said that nothing on earth so near y approached the power of the A mighty as the power put into t hands of a juryman. Any boo therefore, which so effectively as Mi Wellman's awakens a citizen to h duties as a juryman, is important a. destined to remain important.

Trial by Jury is an increasing criticized institution, but because is so inherent in the Anglo-Saxo theory of justice, it will probal: never be abolished. Mr. Wellman's thesis that it is "the personnel of or juries that makes possible the ver dicts which underlie and give rise to all the adverse criticism," is there fore a hopeful one. In "Some Suz gested Remedies," he points out tha in New York State some 40 groups of intelligent citizens are exempte from jury duty and advocates re pealing practically all these exemp tions as the first step in obtaini better jurors. This chapter, it


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Men of strong professional standing with splendid incomes have given up these income and their professional work to engage in the service, with success.

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Service is the foundation of all real success and this service literally enables you to take time from eternity and put it into the life i man, and make legitimate profits in doing so. Address: Manufacturer, Care Motive Publishing House

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mitted, is as thoughtful and prac1 as some of the earlier chapters bright and reminiscent.

The Author. Francis L. Wellman the senior partner of the firm of Ilman, Smyth & Scofield. He = an Assistant District Attorney New York County under Dr. cey Nicoll (1891-94) and specialin homicide cases. He is the nor of The Art of Cross-examinaand A Day In Court, both of ch books are slightly more profesal in their appeal than is Gentlemen the Jury.


To Admittance"

ohn J. Daly, dramatic editor of The shington Post, one night last week ght himself a ticket at the box office Poli's Theatre. There was a new w on. Editor Daly stood ready to w, then to review it. At the door, tor Daly proffered his ticket. Up hed the house manager employed by Poli's lessees, Messrs. Shubert of nhattan. Politely but firmly, the ase manager possessed himself of tor Daly's ticket, marched to the office, cashed the ticket for its face ue, handed the money to Editor ly, explained that on no account uld the Messrs. Shubert permit Edi

Daly to enter their Washington atre after what he had said in his per about Artists and Models, a Shu-t show on tour which had visited ashington earlier in the month. ere was naught for Editor Daly to but take himself away from the Poli eatre, naught to console him but the mory of his review of Artists and dels.


The review had been headed: rtists and Models Found to Feature ggestiveness-Revue at Poli's Called end of Old-Time Burlesque and audeville, with Vulgarity and Coarsess Striking Numbers." The review d admitted there were lovely, even quisite, scenes, but had said that the ow wound up "with dirt behind the rs."

Other Washington critics had reed that the show was somewhat E-color, but only Editor Daly had id: "Evidently everything has to be Ented to get in Artists and Models."

Manhattanites recalled a time when, r many moons, the Messrs. Shubert nilarly banned the rotund, genial prence of Critic Alexander Woollcott* in y of their Broadway pleasure pales; recalled ruses, disguises, trickery sorted to by the genial Woollcott to ceive the Messrs. Shubert and slip in perceived; recalled the waning of at feud, a reconciliation and Critic Woollcott's presence again regularly racing an aisle seat whenever the Tessrs. Shubert had something new herewith to beguile the public in its le hours.

*Critic Woollcott has been variously assoated with The New York Times, The New ork Herald and The Sun (New York).

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To the Mediterranean Masterfully arranged voyages including in their scope Madeira, Gibraltar, (Algeciras), Algiers, Monaco, Naples, Athens, Constantinople, Haifa (for Holy Land), Alexandria (for Egypt and the Nile). Stop-overs in Holy Land and Egypt. White Star liner Adriatic Jan. 7 and Feb. 26; Red Star liner Lap land Jan. 17 and March 8. Returning to New York 47 days later.

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As it must to all men, Death came to James Berwick Forgan, in the 73rd year of his life and the 24th of his career as the outstanding figure of the Chicago banking fraternity. Stricken at his desk with heart disease, he was



His humor was kindly.

taken to the Presbyterian Hospital, where a transfusion of his son's blood (James B. Forgan, Jr.) rallied him momentarily but was ultimately unsuccessful in saving his life. He died surrounded by his family, after singing favorite hymns with his pastor and saying: "I have put up the best fight I could."

Forgan is one of the old names in St. Andrews, Scotland. James Berwick Forgan was born there, one of six children of Robert Forgan, maker of golf clubs and balls. After an education at Madras College (St. Andrews) and Forres Academy (Forres), where his uncle was long rector, Mr. Forgan was dissuaded from a predilection for the Law by another uncle, who apprenticed him to the banking profession. Three years' training, and he was accepted by the Bank of British North America, in its London establishment. Soon he crossed the Atlantic, continuing his study and practice of banking in Montreal, Manhattan, Halifax.

The directors of the Bank of Nova Scotia, struck by his distinguished bearing and demeanor, engaged him as paying teller, and, aged 30, as branch inspector. They sent him to Minneapolis to open a new branch. There the Northwestern National Bank made him cashier and he in turn made the Northwestern one of the strongest institutions in its territory.

Chicago heard of James Berwick Forgan; Lyman J. Gage, President of The First National Bank of Chicago, made him his Vice President in 1892. In 1900, soon after Mr. Gage became Presi

dent McKinley's Secretary of the Tra ury, Mr. Forgan moved up into the pos tion that was to designate him "dean a Chicago bankers."

The First National grew enormou under the Forgan touch: its assets ir some 49 millions in 1900 to nearly 2 millions in 1915; its deposits from millions to 219 millions in the sam period. Its good will and reputation sound policy increased equally rapidy Mr. Forgan concerned himself with t character and welfare of his employe giving fatherly talks and plain advice each newcomer.

In 1916, after the First National become the largest financial institutio Chicago, Mr. Forgan relinquished presidency, but continued active in the bank's affairs as chairman of the boar

For 21 years, Mr. Forgan had bea Chairman of the Clearing House Cor mittee; for five years he had beer a director of the Federal Reserve Bank: Chicago; for six years he had bee President of the Federal Advisory Com cil of the Federal Reserve Board, Washington.

Mr. Forgan was widely and affectin ately known as "J.B." and "The O War Horse." His humor was kindy his sense of justice, honesty and disci pline that of a stern Scot. Testimonia from his friends reflected the gratitu Chicago owed him for his services de ing 30 years of prosperity and panic.


"Greatest Tax"

The publication of income tax brought out some interesting fac about corporations as well as about dividuals. The greatest single tax pai by any one industrial organization wa $15,930,901-the 1923 income tax a the U. S. Steel Corporation. The sir lar tax paid by the Ford Motor Co. same year was $14,449,673.

The Ford Co. started with a cap talization of only $100,000, of whic only $28,000 was in actual cash. Th Steel Corporation, on the other har started with a capitalization of over billion, including bonds. Today, t Ford Co. has no bonds, while US Steel has many millions in outstandi bonds. Ford Co. is capitalized at $1 264,500, compared with $868,583,600 capital stock for U. S. Steel. The ter's assets were listed at $2,420,882.7 while those of the Ford Co. were give as $568,101,639. Steel's working ca tal was $451,192,447: Ford's was $257 295,916. The Steel Corporation 147 steel works, 123 blast furnaces, 3 open hearth and electric furnaces, a 157 sheet jobbing and plate mills: t Ford plants are 34 in number, and located all over the world.

Foreign Loans

This year promises to establish new record for the lending of U funds abroad. Thus far, $1,007,91 000 of foreign loans have been float and distributed among home inves ors in 1924, and the prospects 2

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na, 20; Paris-Lyons-Mediterranean Macfadden Attacked
ailway, 20; Ontario, 17; Consoli-
ated Electric Power Co. of Japan,
5; Nord Railway, 15; Finnish Mort-
age Bank, 12; Canadian Pacific, 10;
aris-Orleans Railway, 10.

In the past four years, foreign overnment financing in the U. S. as totaled as follows:

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The motor industry, generally speakg, is in the position of a squirrel in cage. So far as profits go-it is very Proctive but dubiously profitable. uction of cars proceeds at a good rate, ut competition has so reduced retail rices that there is little satisfaction in = all.

Two of the leading manufacturers ave recently precipitated more trouble y announcing further price cuts. This ccurrence has thrown quite a blight ver the plans of many car makers to aise prices next season to a point where larger profits could be seen in The business. Instead, the coming issue vill apparently be the survival of the ittest, with the probability that weaker Concerns will either retire or consolidate.

Two factors, however, will govern the extent of this prospective eliminaion of the smaller car manufacturer There will always be room in the industry for makers of specialty cars, who do not compete in the more standardized field. Secondly, a weak company today may nevertheless bring out next season's most popular car and put The itself in a stronger position. great success this year of the Chrysler car has done just this for Maxwell. On the other hand, the strong companies must each year bring out very appealing new models or lose their position in the industry, as Studebaker has discovered. The competition in the motor-car business is concerned not only with prices, but also with styles and fashions.


Sears, Roebuck & Co., famed Chicago mail-order house, last week elected a new president, Charles M. Kittle, to succeed Julius Rosenwald. Because of the large trading in Sears, Roebuck shares on the New York Stock Exchange, brokerage houses, financial bigwigs evinced interest. Mr. Kittle, now 44, began his rise to fortune as a water-boy to a railroad section-gang when he was 14. At 17, he was a telegraph operator, then cashier, chief clerk, superintendent. He was general manager of the Illinois Central Railroad. During the War, he

Just as a surgeon will whip out his scalpel to whittle away proud flesh, so the American Medical Association has whetted the policy of Hygeia, its monthly instrument for the interpretation of modern medicine to the lay public, and begun whittling at an unhealthy protuberance in the publishing field, namely, Physical Culture, a monthly magazine published by one Bernarr Macfadden (TIME, June 4, 1923; July 14, Sept. 22). The November issue of Hygeia carried "the first of a series of articles . . . discussing the manner in which the hope of relief from suffering and disease is exploited by the promoters of peculiar cults and fads."

Said Hygeia: "Modern quackery as an industry has grown to the point where it is able to support numerous subsidiary businesses that cater to its needs. Especially is this true in that particular field of quackery commonly designated as drugless.

"The publication known as Physical Culture. . . is an outstanding example of the money that is to be made from catering to ignorance and furnishing a contact between the quack and his victims.

"Physical Culture has been put forward as a magazine for those who think.

"The student of journalism is always suspicious of a slogan of this type, whether applied to magazines or newspapers, for he knows that usually those publications that boast that they are prepared for people who think are actually edited for morons.

"Editorially, Physical Culture is devoted to fantastic and bizarre fads and the exploitation of Bernarr Macfadden. Every issue reeks with sex appeal. The Detroit Saturday Night has described Macfadden as 'the bare torso king' and the description is apropos.

"The usual cover design is that of a woman in as little clothing as the law allows, so disporting herself as to show a maximum amount of nudity compatible with retention of second-class mailing privileges. Within the cover one finds the same theme played up. . . Nor is the male neglected. Macfadden himself in various stages of undress, and various other supermen with little on but a surcingle doubtless attract many quarters from girls and women who feel the biologic urge."

Physical Culture and other Macfadden publications are abhorred in many quarters for their execrable taste and blatant hypocrisy. But the prime motive of the attack upon Physical Culture by

*Slogan of Publisher Hearst's New York American: "A paper for people who think." †The price of Physical Culture is 25c a copy.





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the American Medical Association was to prevent the dissemination of what the Association feels to be outrageously fallacious and dangerous medical misinformation. Hygeia's article, to which the attention of the medical profession was called editorially in the Oct. 25 issue of the Association's Journal, concentrated chiefly upon the advertising pages of Physical Culture, citing numerous nostrums there offered which the Medical Association declared to be positively fraudulent. Hygeia reproduced, in reduced size, a pageful of these advertisements, commenting also on the fact that Physical Culture, while professing a violent antagonism to drugs, would accept displays for such substances as "Sargol," "Sanatogen," "Absorbine Jr., "Murine" and other patent medicines.

The article concluded: "The amount of harm that Physical Culture does is incalculable. Not only do its advertising pages inevitably tend to destroy pub

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Death is invariably attended by pleasant physical phenomena which fer but little in most instances an which physicians become hardily acc tomed. Exceptionally unstomachal however, were those changes ac panying the disease of a certain M can woman in Los Angeles, just as : circumstances of her illness had t exceptionally baffling. Dead, she a. interred conventionally; husband i friends hacked to the burial. A w later her husband died, the same diagnosed distemper causing his demi the same grim disfigurement consecte upon it, as had occasioned, atten the death of his wife. Each day ther after was marked by the death, t identical circumstances, of one or m of those who had followed the body the woman. People in the section the city-a poor one-where the det were occurring began to whisper word whose horror, long laid in earth, once screamed from every d devastating cities. "Plague," they « Health authorities acted. The M can Quarter was tightly quarantin None were allowed passage through streets, even in automobiles. None ** allowed egress from the district exc a few industrial workers with spen permits. Food was delivered but! garbage or milk containers taken The dead were burnt at once. Th ministering to the pestilence-stric went in and out wearing a steri habit, their faces masked. Doc stated that a pneumonic rather that bubonic germ was responsible for discase, but awaited a final diagn Deaths, which numbered 21 in 15 went on mounting.


When a man gives his blood to s the life of another, whether on the 5 of honor or on the operating tables has long been conventional to rehim as a hero. Comes Dr. Geof Keynes of St. Bartholomew's Hosp England, with a denial that there any virtue of sacrifice in the act offering one's blood for transfus Positive benefit rather than injur to be expected from the deed. Said "It should be widely known that

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