Cole, K. C.

English

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Washington Law Review Volume 1 Number 3 2-1-1926 Famous Jury Speeches, by Frederick C. Hicks (1925) K. C. Cole Follow this and additional works at: https://digitalcommons.law.uw.edu/wlr  Part of the Litigation Commons Recommended Citation K. C. Cole, Book Review, Famous Jury Speeches, by Frederick C. Hicks (1925), 1 Wash. L. Rev. 220 (1926). Available at: https://digitalcommons.law.uw.edu/wlr/vol1/iss3/8 This Book Review is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington Law Review by an authorized editor of UW Law Digital Commons. For more information, please contact cnyberg@uw.edu. WASHINGTON LAW REVIEWMere inadequacy of price is no ground for charging the trustee with lackof ordinary care, or setting aside the sale, providing the transaction is other-wise properly conducted. Franklin v. Osgood, 14 Johns. 52 (1817), Singleton v.Scott, 11 Iowa 589 (1859) Glenn v. Augusta Perpetual Bldg. k L. Co., 99 Va.695, 40 S. E. 25 (1901).The principal case holds that the court order for the sale to be madewithin six months is "directory and not mandatory," and that the omission tosell within the time of the decree is not per se mismanagement, citing In reAbram's Estate, 114 Wash. 51, 194 Pac. 787 (1921).L. S.BOOK REVIEWSFAMOUS JUtRY SPEECHES. By Frederick C. Hicks. St. Paul: West PublishingCo., 1925. pp. 1180.Mr. Hicks has published a timely book in this collection of -4 argumentsof noted American advocates ranging in period from 1884 to 1924, and instyle from Choate to Darrow. His title, however, conveys only a half truth,for 12 of the arguments reported were delivered before Courts without juriesin Admiralty Equity, Probate, etc.Your reviewer chooses to take the author at his word in attaching specialsignificance to the type of tribunal addressed, and to emphasize the methodand manner of presentation rather than the analysis of the law involved.After all, the chief interest of the book lies in its reflected illumination ofthe jury system, and all the light we can get on that subject should be wel-comed by those interested in legal reform. For the Trial Jury is itselfdefinitely on trial in this 20th century, the 7th of its institutional existenceamong us of Anglo-Saxon tradition. Its precurser and long time compamondevice for securing the liberty of the individual, the jury of Presentment, hasalready, for practical purposes, lapsed into a state of mocuous desuetude,though still formally employed (of necessity by the Federal government) toregister the decisions of the official prosecuting agency. Its original ralsond'Otre becomes less and less cogent with the growth of urban communities.Likewise we find the trial jury becoming, the victim of another aspect of thesame circumstances. Complex industrial and business relationships determinethe character of a greater and greater portion of our litigation both civil andcriminal, and this matter of "taking the lay mind" of the community on thefacts in dispute taxes to the breaking point the capacity of both the advocateand the judge who conscientiously attempt to unravel the technical evidenceintroduced for the benefit of the jurymen.In view of these facts it is encouraging to read the text edited by Mr.Hicks, for it is only fair to say that the speeches selected are, most of them,remarkably temperate in tone, keen in analysis, and well ordered. No man'sjudgment on the jury system is more to be relied upon than that of thepractitioner, and the real nature of that judgment is best indicated by thecharacter of the appeal made to the twelve men in the box.Public interest in the operation of the jury centers upon its applicationto criminal procedure both because of the more spectacular character of thetrial, and the immediate vital human interests involved. Mr. Hicks has incor-porated five speeches delivered by counsel in such cases. It is interesting tonote that more attention in the selection has been given to the presentation ofthe case for the State than for the defense. Having in mind both the inherentdisadvantages of the prosecution due to Constitutional safeguards, as well asthe almost invariable lack of experience on the part of those charged with theprosecuting function, we are warranted in feeling some solicitude for theeffectiveness of this particular part of the administration of justice. FrancisBOOK REVIEWSWellman's summation for the people in the Carlyle-Harris murder trial of1892 is a remarkable effort and well worth reading. His disposition of the casefor the defense is complete, and he reserves a very well put exhortation to thelast two paragraphs of his address. The jury is reminded of the subversiveinfluences it is exposed to in modern times beginmng with the delays of thelaw which tend to dissipate the just indignation of the community, and endingat the trial with the tearful presence of the accused and Ins family, by callingtheir attention to the methods of the earliest juries which were summonedimmediately on commission of the crime to the scene of the defendant's wrong-doing, there to be confronted by a mute appeal for justice in the presence ofthe defendant's victim.There is also included, the summation for the People of William E. (laterSenator) Borah in the Coeur d'Alene Riot murder trial, and Francis Garvan'saddress for the People m the Thaw murder trial. The outstanding exampleof defense pleading is the closing address of Clarence Darrow in the Leopold-Loeb trial.On the civil side the most interesting selection for the layman will prob-ably be the argument for the Socialists delivered by Morris Hillquit in thecourse of the investigation of the New York Socialists by the Assembly, March3rd, 1920. For the lawyer, the speeches of Walter G. MIerrittt and DanelDavenport in the Danbury Hatters case should be of more than passing interest,for questions of conspiracy in restraint of trade, inducements to breach ofcontracts, boycotts, and injuries in industrial relationships generally, are hereinvolved, and these are right at the growing point of legal development today.K. C. CoLE.CA ss o2r TRusTs. By George P Costigan, Jr. St. Paul: West Publishing Co.,1925, pp. xxxii, 1016.Tis new book, by Professor George P Costigan, Jr., is composed of casesfully as well selected as those presented by hn in his excellent case-book onWills. The work discloses a very igh degree of intelligent care in the use ofjust such cases as well illustrate the point of law or principle of equity involvedin the particular classification, and in the judgment of tls critic, the book willfind general adoption in American law schools. Since the publication of Pro-fessor Kenneson's CASES ox TRusTs, the law of this subject has developed veryrapidly in this country, and there was ample room for a new work more com-prehensive in its scope than was possible in earlier works.The author justly acknowledges his obligations to the late Dean Ames forhis knowledge of the subject, first acquired while a student under the dean'spersonal instruction and later on from the study and use of ANms'CASES oN TausTs. He also admits that Professor Scott's case-book has furnishedinspiration.We are told that less than one-tlrd of the cases presented in the workunder review have appeared in prior case-books, but that the author hasretained those of historical value or intrinsic worth because they are landmarkcases which should appear in every book of similar scope.Chapter I is of great importance to student and lawyer because of theunusual space and selective ability given to mark the distinctions between stricttrusts, on the one hand, and on the other, Uses, Agency Relations, Partuer-ships, Community Property Ownership, Bailments in General, Mortgages,Pledges and Conditional Sales, Equitable Charges, Specifically EnforceableContracts, Debts, Obligations of Corporation Promoters and Directors, Exe-cutorsips, Guardianslups, Receiverships, Assignments of Legal Choses inAction and Non-Trust Gifts.The writer is of the opimon that tis first chapter alone fully justifies thepublication at this time.The remaining chapters furnish the usual classification in other works onthe subject, namely- Chapter II-The Elements of a Trust; Chapter III-Rem-edies of the Cestut, the Nature of His Interest, and the Remedies of HisCreditors; Chapter IV-Some Duties, Powers and Liabilities of Trustees;

\u3ci\u3eFamous Jury Speeches\u3c/i\u3e, by Frederick C. Hicks (1925)

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\u3ci\u3eFamous Jury Speeches\u3c/i\u3e, by Frederick C. Hicks (1925)

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