Omaha daily bee. (Omaha [Neb.]) 187?-1922, December 22, 1895, Part III, Page 22, Image 22

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NOVEL VIEWS OF LAWYERS
Legal Profession as Sketched by Writers o
Fiction ,
MATTERS OF FACT APPALS FANCY
Urnrriil DNIlUc I'Vfl mill riirNici
fur flullrcflirun of tinllur
Tjpli'iil ln n JIT
lij-
That the novelists and the lawyers fclieuld
not harmonize Is to be expected. The pecu
llarltlcs of mind that distinguish theU
claspos aie radically different , sa > a the SI
Louis ( } lobo-U > mofirat. The novelist Is nl
Imagination , the lawyer all fact ; the forme
lives In a realm of day dreams , the latte
In a domain bounded by the limits of n lav
library. The time was when the practlc
of law , particularly In pleaillng before
court or Jury , Isft some rcom for the Im
agination , but the tendency at present I
touatd restricting Icxal pleading to a cltn
tlon tf as rmny precedents ns possible I
favor of the position taken up by the pleader
applying them ns clossly as the nature of th
tase wilt permit , nnd leaving the couit t
decide which party has been most Judlcloii
In Its relectlcn of opinion" . In a slngl
cano a lawyer Inn been known to cite opln
Ions delivered by twenty or thirty dlfferen
courts , nnd so gensral has this method o
appealing become that he Is adJudgeJ th
best lawyer who most skillfully can selcc
and moil Judiciously can present the opin
loni ho has found b.nrlng on JIM s. < ie c
the case at Issue To the man of Im
agination all this If wormwood and gall
Accustomed to allow his fancy to roam a
will , ho cannot easily conceive how the
human mind ran be so clo'ely bound down
to preeJdent. Hence he regitils the Uwyo
ns of an entirely different quality of humat
Lc.'ng ' from himself , actuated by dlfferen
motive ? , thinking different thoughts nm
moving In a mental phcre ro much at varl
nncc from his own as to be practically a dlf
fercnt world.
AS MATERIAL.
Finding a ctiaracter so essentially ai
variance , In almost every particular , from
his own , It Is not In the least remarkable
that the riovellst should regard the lega
fraternity ns fit subjects for his use. The
business of the fiction writer Is to deplc
the world , cither as It Is or as he thinks
It ought to be , and the more diversity he car
Introduce Into his writings , the batter wll
be their chance of pleasing that portion of
the public whose favor ho seeks. In every
civilized Eoclety the lawyer Is omnipresent
ho Is found In greatest abundance In the
most densely settled communities , for there
are the most frequent opportunities for the
exercise of his talents , but no community
Is without him , no hamlet Is so small as not
to have , somewhere In Its limits , the familiar
"shingle" Waring the legend. "Attorney at
Law , " which announces to the world tha
within the office thus designated a man of
law Is to be found , who , for n consideration
will undertake to adjust the differences and
harmonize the disputes of his fellow men
Tha bickerings of men tend to bring out
peculiarities and eccentricities of character
and these Instantly attract the attention
of the novelist , for his business lies not so
much with the ordinary affairs of humdrum
every day existence , os with those emer
gencies which call forth the latent forces
of human nature and are attractive In the
telling , from the fact that tliey often show
the most commonplace man to possess un
suspected qualities , good or bad , that dis
tinguish him from the common herd.
LAWYRKS AND LAWYERS.
In addition to thcro clrcumstanc20 , the le
gal profession Is so extended tint It embrace !
all varieties of character , a fact which wouli
of Itself commend It to the attention of the
ncvellst , even were there , no other attraction
While comprehending In Its membership
Benin of the wisest nnd noblest of men , I
also embraces some cf the meanest and mos
contemptible. In ltd higher branches there
IP no profession more elevating and ennobling
than the lew ; In Its lowest , none Is more
likely to bring him who follows it Into dis
repute amors his fellows. There nre thus
afforded In the legal brstherhood the sharp
est possible contrasts , and In these the nov-
clltt delights , for they afford him an op
partunlty for the USB of light and fhade li
such a way ns to enhance the artl tlc value
of his story. In this icspcct the use of the
lawyer as n character In fiction has advan
tagea not toi be found to a similar extent
among th ? members of any cthor profession
THO UOCtor lias mcriis , 01 cuuraiiur iui
doctor holds the fiimlly secrcta In his pos
session and can bo made to conic forward
nt the proper time and testify to the exist
ence of a will which he- signed as a wit
ness , being conveniently preojnt at the deal !
of the testator ; the parson Is not to be con
temned , for ho knows much of the family
history that the doctor does not know , but
neither the parson nor the doctor cm , to
usj n popular phrase , "hold a candle" to
the lawyer ny a convenience In helping to
unravel a tangled plct , for , If the dignified
lawyer cannot b ° made to serve the purpose ,
the shyster lawyer will do the business , since
It Is part of his trad ? to perfoim any dirty
work that needs to bo done , without being
too particular either about Its nature or the
state ot his lunds.
OBRMAN AND FRENCH LAWYERS.
Tlio novelists of the German and French
nations have not undo a very liberal use
of the lawjcr as a character In their stories ,
but for this fact there lt > nn excellent reason.
In both countries the study of the law Is
almost an exact science , and scrupulous
pains are taken not to admit to the bar any
man who has not carried out a prescribed
course of btudy and passed exceedingly rigid
examinations. There Is no such thing as
admission without qualification , for neither
mousy nor Iniluencs will carry nn applicant
past the examining boards unless ho Is
proficient In his studies and at le.ist pasb-
nblv well ( nullified. Years of study and
preparation In tlio olllca or a lawyer are
iiho required , and the result Is that whllo
there arc fewer ln\v > ern than In Or cat Brltlan
or America the bar Is reduced to a tot-
ciably even standard of ability , nor Is there
zo much room for the display of Individual
eccentricities as with us. The story writers
of thee countries , therefore , do not find In
th * member * of the bar that degree of In
dividuality that renJera a character uo.ful
from a literary point of view. Not a few
of the stories ot writers In both nations
contain numerous allusions to the legal
frnteinlty , but the lawyers , when they ap-
psar In German or French talep , always
wear their gowns and caps ; they nre not
wcikliiK , but are simply on exhibition , and
wo can ecc that tholr Introduction Is purely
formal , and for the eako of filling out
and rounding off the story so that It will
bear the test of criticism. The Frsiicli
lawyer In the Jnlea of Dumas , In the
dramas of Mnllere , Is merely a piece of
machinery , Introduced because It Is abso
lutely iHi'-ntUl for the fake of appearances
that there uhould b a lawyer present and
net because the author Intended or desired
to make a character sketch ,
AMONG THE ENGLISH.
Even In early English times the lawyer
began to cut quite a Hsuro In Imaginative
literature , th peculiar nature' of fi.ipllsli hw
having developed characteristics amcng tlioi'o
Mho practiced It which rendered them In
valuable to tlio novellot and dramatist. As
early at ) the days of Chaucer the lawyer
had acquired an individuality of his own'as
vvltneui the "Man of Laws Tale , " Incorpo-
i a mi in uio uaniuruury series , ami , iroin
that time on. hardly an Imaginative writer
In the Engllih language was able to dispense
with a lawyer , Rlchardeon , In lil own
goody-goody stories , tedious alnrst bryoiul
belief , wan obliged to call In the biethren
rf the bar to atslst In working out the plot ,
while- Fielding , himself something of a legal
light , had frequent recourse to their nsslut-
mice. It U by no nnuns strange cither that
the ro > storing author ihould have Introduced
lawyers much like hliut--lf ; of legtl knowl-
t-dga they possessed little , but made up In
wit and Impudence whit they lacked In
learning' Sir Rogr de Cover ) ) ' , Addleon'u
clever creation , has been claimed by the lc
gal fraternity ua ono of their number , but
ho vva * not , In any proper cno of the
word , a lawyer , but a country gentleman ,
who , In vlrtuo of owning an cttate , w s en
titled to nit ai a juatlce cf the peace , and
pdjudgg such causes an were not of ejlllcltjit
consequence to go before a higher court. There
la a great gulf between uoh & character
i
and a man who make * his living by plead
ing tor other ? . No one knows this fact bet
ter than Addlson , and there Is no reason to
b'llete that he ever Intended' Sir Rog r to
posa as a lawyer.
DICKENS' LAWYERS.
It was one of the p-cullarltles of Dickens
ll.at he gave hli readers plenty of every-
th'nK , ant M , amidst the abundance of
other characters , ( hire arc also found nu
merous brethren of the wig and gown
Dickens' experience as a reporter made him
familiar with t\cry variety of the Jsgal pro
ftJ.Mou , and In hlfl pages may according ! }
bo found lawj CM of every class , from the
dignified barrister to the worst pettifogger
The law courtft of London are BO numerous
and li.-.ve so many classes cf business tha
there li room In thrm for < > very variety o
legal talent , and In his skc'chcs of courts
court tconcs and legal business generally
the novelist seems to have omitted none o
thp brotherhood. lie has drawn his charac
ters , too , with wonderful accuracy ; so true
to nature are they that every one can rec
opnlze como of the number as being among
his own i > crsonal acquaintance. There vva
Mr. Samuel Brlggs , "a mere machine , a ser
of self-acting legal walking stick ; " he Is t
bo found In every city cf this country. 11
Is not nt homo outside a court room cr
legal ofllco. When ho has nothing to do h
V'AK In the court where cases are being trlei
and IKons to the prosiest , most lt > ng-wlnde
nigumcnts with the most Intense Interest
Ho grows old and smoke-dried ; ho live
among men without consorting with them ; h
has n nest where lie sleeps ct night ; It t
not a home , though he may call It so ; It 1
generally back of his ofllce , a rmill , ding }
loom , with a bed , a washstand and a bureau
and thsre ho goes when It Is time to clw
up. Ho goes to bed like he does everything
else , simply from habit , for he never grow
tired , and In the evening , when other mcl
sck relaxation , he sits staring at a must }
tome without so much as wInking for hour
at a time.
THE PROSPEROUS LAWYER.
Of tlio well-to-do lawyer , Mr. Tulklnghorn
In "Bleak House" Is one of the beft exam
pies. He Is a gentleman cf the old school
that 13. "of any school which has never beei
} oung , " Is ponifwhat rusty to look at , bu
teputed to be very wealthy. He Is patronlzoi
by rich families that have suits In chancery
destined to remain there forsvcr , and lockei
up In his bo om are the confidences of hal
the nobility. HP never talks , save when pro
regionally consulted , and even then only to a
limited extent , therefore enjoys th ? reputa
tlon of Immense wisdom , and even when he
something in a social way it is wun
the mme gravity and taciturnity that char
acte-lzo his dally walk and lack of conversa
tlon. Nobody knons anything about htm
with deflnluncss , for It Is part of his bust
ness to be mjsterlous. In this partlcula
he b-nrs a cleso resemblance to the dreadfu
Mr. Jorklns. partner of Mr. Spenlow , with
whom David Coppjrfleld studied law. Poor
old Jorklns was held rcsponslbls by the
clients of Spenlow & Jorklns , for a great
many sins of which ho knew nothing. There
Is no telling how much good the benevolent
Mr. Spenlow would have done had It not
Lo.n for his hard-hearted partners. And
yet , whfn approached by David on the mat
ter of return ot his money , the old gentle
man seemed qulto distressed , so much so
that he felt obliged to flee from the office
In order to avoid further solicitation. The
legal profession contains a great many
partners like Mr. Jorklns nnd sometimes
It happens that there are two In the same
firm , each , In tha absence of the other , answering - -
swering the purpose of a Jorklns when
favors are solicited. Spenlow , too , was
a type Inthe legal profession In quite an
other way In his ability to preserve the
appearance of prosperity , an essentiality
In his business , on much less means than ,
according to the general Idea , he possessed.
The father of Dora was a good manager
In this respect , and lias had numerous Iml-
tators.
LEGAL ORATORY.
Dickens has given the world very clever
pen pictures of legal oratory In the famous
suit of Bardell against Pickwick. The whole
scene Is Irresistibly comic. The fat little
judge , who bobbed to the bar , and who
when seated , presented to the spectators
a broad , red face and less than half of a
capacious walrt coat , who went to sleap
while the trial was going en , and , waking
up suddenly , wrote down something will
a pen that had no Ink , to show that he hai
given perfect attention to the proceedings ,
the colloquy with the chemist , who did not
wish to servo on the Jury ; the commotion
In the court , caused by the Interruption
from Welter , sr. ; the examination of Mr.
Winkle ; the cross-examination of Sam Wel-
ler , and , above all , the pompous speech of
Sergeant Buzfii7 , and his laborious efforts to
build up a case on nothing , are all exceed
ingly humorous. As a specimen of windy
legal oratory , the Buzfuz speech Is inimit
able. Dickens must have- heard many a
similar character ere he sat down to com
pos ? U11S lir iuuuuua uiKumciii. UUL , uiii-i
all , Buzfuz was p true lawyer. He was obliged
to make a case , and If the material was
poor that was his misfortune , not his fault
ho did the best h ? could with such matter
as ho had. No doubt he would tiavn pre
ferred a few compromising notes written b >
Mr. Pickwick aa documents In the case , but
not having them , he took the scraps of paper
the on * about the warming pan , the other
about the chops and tomato eauce , and dlt
the best he could with them. His eloquence
over thes" ? two trifles excites our merriment
but whllo wo laugh w ? shculd not forget
that not a day passes but what same lawyer
does what he can to build up a caaa on no
better documentary evidence fian that nt
the command of Sergeant Buzfuz.
MESSRS. DODSON & FOGG.
The Pickwick breach of promise suit Im-
mortallz.'d two legal lights , who have ever
since been pilloried as the typical shysters.
Usdion & Fogg will probably never be for
gotten as long an there Is litigation In the
English language , for In these- two characters
Dickens has poitrayej the parasts ! of the
legal profession. They nra the meanest type
of scoundrels , for they take advantage of the
email legal knowledge thsy have been able
to acquire to cjipresa people who know leas
tj'wn themwhes , and have bcn unfor
tunate enough to fall Into their clutches.
The t'Mne ' m their ofilce when the poor
debtor finds that additional papers have been
filed In his case , adding materially to the
co..s ' , Is typical of the motnoas employed uy
the basjr sort cf attorneys everywhere , their
willingness to takeup the case of "Mrs.
Bardell" "ui Epeo" nnd charge nothing for
Utslr services In case of failure , and the
roguish Hick by which they Induce "Mrs.
Baidell" to sign documents which place her
In their power and cmble them to send her
to the piUon alicady tenanted by the un
lucky "Pickwick , " pro all shyster tricks of
'ho ' lowst-t dersrlptlon. Yet their shrewdness
excites tin admiration even of "Pickwick's"
attorneys. onJ the way In which they In-
trainee "Mrs. Bardell" and her friends Into
couit draws from him the commendatory rc-
nark , strictly profetuloral In character , " \'ery
clever f'llows , DoJson & Fogg ! Very good
dea of effect. " He In himself of the same
rlbe , and their cleverness In working on the
feelings of the Jury nnd bpectators la to him
an cbject ! CSMOI : In lgal practice ,
THE LAW'S DELAY.
The famous * quotation from Shakespeare
has been made the text for many discourses
DII thn Injustice doneby tha unreasonable
delay of the law , but no one has better
Impressed the lesson on the mind of the
vi 01 UI than Dickens , In his great chancery
tale. AB poor "Jarndyce" says , "Keep out
of chancel y ; It's being ground to bits In
a flow mill ; It's being roastsd at a slow
fire ; It's being ttung to death by Dingle
b3ea ; It's being drowned by drops ; It's going
nad by grains. " Dickens had no love , cither
'or tlio law or for the lawyers , and often
exhibited his feeling for both In bitter sar
casm. "There are , " he taye , "Many pleas
ant notions of the Uvv In constant opera-
lun , but there IB not one so pleasant or
iractlcally humorous as that which supposes
very man to oe of equal value In Its Im-
rartlal eye , and the benefits of all laws to
is equally attainable by all men. " Ills f.'cl-
nga ura beet shown , however , In his por-
raltuies of lawyers : "Mr. Smallweed , "
vtioso fattier was "John Doe , " and his
nether the only female member of Ilia "Roe"
family , who was old In his cradle , and
\hoco tlrst long clothe * were made
ut of a blue bag ; "Mr. Sampson Brass"
nd his rickety old table , with the two
tools and the treacherous old chair , whoss
ring had Inclosed many a client and helped
o eqiiecza him dry ; "Mr. Vholcs" and his
itMo otllci , BO llttlo that , without leaving
ila stool , one clerk could open the door
nil tlin other could punch the lire ; "Mr ,
aggers , " In hU high-black chair , In which
IB leaned back and bit hU forefinger at hU
llenti ; the "Meurs. Snltchey & Cracga , "
with their olllco In the market placr , to
bat auy angry farmer , Inclining toward
TI13D OMAHA DAILY HEEi-flTN DA V. DEOEMBJflR 21i. 1805.
litigation , could tumble Into It at once nnd
find comfort and satisfaction all these and
a score more are to be found In the pages
of the great fiction-maker , whose business
It was to observe men and describe them
for the entertainment of the world ,
AMONO THi : POKTS.
But the novelists were , not alone In their
hatred of law and lawyers' , for among the
loets the dislike of both was quite as pro
nounced. It was Shakespeare who proposed
"The first thing we do , let's kill all the law-
) cr , " and the same genius , In speaking of
the same class , burst out vslth the words ,
O , precious mouths
That bertr In them one nnd the self-same
tongue ,
Either of condemnation or npproof ,
Dlddlnc the law mnke courtesy to their
will.
It was Hen Johnson who spoke of lawyers
Thnt could ppenk
To every cause nnd tilings mere contraries
Till they were honrss again.
Butler must have seen many n lawsuit
nnd probably participated In more than one ,
ere he could write :
Is not the winding up of witnesses ,
And nicking , tnori Hum half the business ?
For wllnp seo. like wntches , no
Ju't ns they're Fct , too fust or slow. _
Gay liked lawyers no better than did
Butler.
I know you lawyer * cm.vllli : cnsc ,
Twist words and meaning ns you please ,
That language , by your klll made pliant ,
Will lienit to favor every client ;
That 'tis the fcp direct1 * tile senBe ,
To make out cither tide's pretense.
Goldsmith , too , hated them. "Laws
gilnd the poor , and rich men rule the law"
was his curt observation In the "Traveler"
concerning the science , while even Tenny
son , a stickler for precedent In other mat
ters , could sec little to commend In the
la-v.
Mastering the lawless science of our law ,
Thnt coilfless myriad of precedent ,
That wilderness of single Instances ,
led.
May beat a pathway out to wealth nnd
fame.
.MOODS OK Ol II I'l
with iv w ncpti < iiii tin-
of Hie .Villon AVi-ro Cirntu Men.
It Is remarkable how little the tendency to
humor has been developed In the men who
have been presidents of the United States ,
sa > s the Boston Herald. We do not EJO much
refer to exhibitions of humor In oflloe ; that ,
of course , la not to be exnccted. He must
be bubbling over with a sense of humor , as
was our plngle humorist , President Abraham
Lincoln , who could give vent under such
condition ? . If It had not been for Lincoln
wo might have followed the heading of this
artlc'o after the manner of the historian
who wrote of snakes In Ireland by saying :
"There has been no humor In our presidents , "
and we might have gone further nnd said that
tli-o has been , no humor In the character of
any of them , before or after they left the
cfflce. The heaviest rcsponslbllty that ever
rssted upon a president might well have
weighed down Lincoln. He appearsd to llnd It
necessary to relieve himself of this burden by
an occasional Joke. He never Jested offi
cially ; he was carefully mindful of the pro
prieties In this respect upon all occasions ,
but he enjoyed relaxation from this kind cf
etiquette when he was out of the public
eye , and a good deal of what he said at such
times has gone Into print nnd Into the oral
tiadltlons of our people , probably much of It
not without embellishment and exaggeration.
Washington was the gravest man of the
whole nation. The tradition of him Is that
he was never known to laugh , and seldom
.ntln Tin rll/1 nnf nllruv thflt fnmll-
larlly wh'ch must precede Joking. Thera Is
a story of his nearly withering a man with a
look who once ventured to slap him on
the back. He was brevity embodied. John
Adams was Impulsive and Irascible , but too
much In earnest to be humorous. Jefferson
was a theorist who was Intent upon promoting
meting human equality In a way that did
not admit of Joking. Madison and Montoo
were Virginians educated to statesman
ship , and cairylng old-fashioned Virginia
Ideas with them , of which dignity formed a
considerable part. John Qulncy Adams car
ried the stern Puritan methods Into his pub
lic life Jackson was a fighter , and his
method of fighting1 had no fun In It. Van
Buren was smooth , courteous , conciliating
In manner , but certainly not knowingly com
ical. William Henry Harrison was harassed
and overweighted In the mouth he was In
cfllce ; AY'ebster made a Joke of the serious
ness with which he carried the eld Romans
Into his single message. Tyler was cross ,
sour , always In trouble. In his term of ofilce.
Polk was another Puritan , modified by par
tisanship. Taylor wnb a matter of fact old
fighter , striving with Immaculate serious
ness to do his duty. Flllmore was thoroughly
practical In his tastes and tendencies. Pierce
was one of the most genial and gentle
manly of our nresldents. but he has left no
mark of humorous tendency. Buchanan
took hlnibelf with the extremes ! possible
seriousness on all his way to becoming an
old public functionary. Andrew Johnson
hid his head turned by his Intense eagerness
to have his own way , and he * could not rec-
ognlro the humor when he saw It. Grant Is
thought to have some grim sense of humor ,
but there la no word left of it. Hayes was
thoroughly respectable , and humor was not
In his program for this purpose. Garfleld
wan versatile , but a tcste for fun was not
among his accomplishments. Cleveland has
always taken his private and public affairs
with entire srberncss. Benjamin Harrison
wan our third Puritan president , Polk over
again , with Folk's politics reversed , but rival
ing Polk In earnest devotion to partisanship.
The soberness of our long lln ? of presidents
Is singular. They seem to have taken their
tone from Washington , while In office , and It
was u good model , but It Is remarkable that
a succession of men through 100 years should
have had so little tendency to the humorous
In their native composition. Lincoln is
unlquo among them nil In this quality.
FAR TOO FAITHFUL.
HrltlNli Adinlriil'N I'lMlomoJ r WIIM
Soon Plui'iMl mi tinlU'drr.l I.lHt.
Ono of her majesty's cruisers lay at an
chor In the harbor cf Havana , rslates Pear-
ion'0 Weekly , and the temperature of that
port In July was not conducive to persistent
activity on the part of the Junior watch
. ofllccrs , at any nte. In fact , a comfortable
arm chair goemed exactly to fit the exigen
cies of the watch , after the captain and the
admiral had turned In. Ono morning the mail
Drought a bmall square box to the admiral ,
nnd that evening he gave a Email , round In
strument , rebembllng a timepiece , to the
tunlor watch oillcer , paying :
"Mr. Marline , carry this with jou on your
watch , and payj It along to your relief with
similar Instruction * . "
Marline put the machine In his pocket and
rommenced to stroll to und fro until the
admiral retlre-d. Then he stretched himself
out In his chair , and , lighting n cigarette ,
began to watsh the lights go out , one by
one , on shore. Next morning Lieutenants
ttarllnc , Malnliold and Lazaretto stood bo-
ore the admiral.
"Gentlemen , " said that officer sternly , "I
lave examined this llttlo Instrument , which
ou tell mo was carried by , you three gentle-
ncn In succession on your respective
vitches , nnd I am astonished to find that ,
although I set It at zero last evening , It now
ecords only two and n half miles. Gentle
men , I do not propose to condemn you on
he unsupported testimony of a pedometer
nd I must confess that , knowing you to bo
mbltlous nnd Intelligent officers , I am loathe
o trust an apparent record BO far below the
ctual requirement. However , I shall ask
'ou ' to carry the Instrument again tomorrow
vflnlnu. Gentlemen , you are excused. "
Lieutenant Malnhold had the first watch
iat ovnnlntr nnd nit conn as the admiral had
; ono to tils cabin he seated himself In the
rm chair and ordered Midshipman Ratline
o appear before him.
"Ilatllne , " said the lieutenant , "when you
\ent ashore today > ou absented jourself
vllhout permission for an hour , "
"Aye , aye. sir. "
"You doubtless Imagined that I Intended
o overlook your offense. "
"I hoped BO , lr. "
"Not at all. You must take this Instru-
lent and shake It violently for four hours
nd I shall say no more about It. "
The morning after the same three cfficsrs
gain stood before the admiral.
"Gentlemen. " paid lit , "I fear I have mls-
udged you , I find , on examining the pedom-
tcr thin morning , that It records u distance
f eighty-nine miles , walked by you three
cntlemeu In three hours. It IB evident that
19 machine la utterly worthless , " and a
narp splosh was heard as the pedometer
truck the limpid water ot the bay , "Gentle
men , you are excused. "
Of All Qnmo Orentures the Most Courted by
Sportsmen ,
MOOSE HUNTING' If ! THE NORTl
Anl < T nri1 In Cult nfnt Ineli-Kittit It
I'orin , Vet n llnnucroiiM Animal
to TncKli-MlutlioilH of
In the brave dsvs of old , when man was
at best n savaga there roamed over the
regions of northern Europe , sajs nvrltei
In Harper's Weekly , a gigantic species o
deer , the like ot which Is unknown In thesi
degenerate times. It wae a creature barlng
antlers spreading ten feet or even more a
veritable giant of Its tribe. Kncwn to i-s
only by the skeletons1 It left In beds of peal
and marl , which have resisted tha ravages o
time , It has received pocthumoua name and
fame as the Irish elk. The first title la
hardly appropriate , since the creature was
by no means conflne.1 to Ireland , even thougl
Its bones have been best preserved In that
country ; but an elk It phlnly was , as an
nounced to the least discerning by Its
broadly palmated antler ? . The modern elk
cf Asia and Europe and Americi Is plainly
enough near of kin to this giant of old : I
not a lineal descendant , at least an offshoot
of the same family tree.
Thl inmlpril nlk. RlllCP Ills massive klllS-
man no longsr rcnnlns above ground u
overshadow him , Is known as the largest am
mcst powerMI existing representative of the
cervine family. Ho rtands seven or eight
feet In height at the shoulder , weighs some
times more than halt n ten , and his antlsrs
which weigh sixty or seventy pounds , am
compass sometimes a spread of almost , or
quite five feet. His original tnbltat was
very probably Asia , but. If so , he fcund his
way In prehistoric times westward over
northern Europe , and eastward across the
supposititious Aleutian Iblands channel to the
American continent. Many centuries before
the advent of clvlll/ed man the elk had
firmly ensconced himself in me norinurn
woods of what subsequently became the
Unite 1 States , and clear across t'oo south c'n-
tral portions of the present British posses-
slons. The early settlers of these regions
must have recognized this great deer as prac
tically Identical with the one found In north
ern Europe , yet for some reason they chose
to christen him anew. They adopted n modi
fication of the- Indian name , and the American
representative of the tribe of elk has ever
since been generally known as the moose.
The name elk , which properly belongs to * ilm ,
was given to an altogether different spacles ,
the wapiti.
The Indian name , of which moose Is a cor
ruption , Is said to mean "wood cater : ' am
the title Is not Inappropriate , for the elk Is
an habitual browser. , Hls short neck does
not permit him to reach the earth with fa
cility , and he regularly feeds on leavei and
young slioots of trees , and on bark and
lichens In summer he varies his diet with
lily pads and other aquatic vegetables , which
ho secures by wndlng.
Unlike most other species of the trlba of
deer , the moose Is In no sensa a thing cf
beauty. Audubon's characterization ot him
ns n rr'atnrp "awkward In his gait , clumsj
and disproportionate In limb , uncoutn anu in
elegant In form , " must be admitted to do
him no Injustice. Nevertheless the moose Is
undoubtedly of all our , game creatures the one
most coveted by the hunter. No trophy , un
less It be the skin of fc grizzly bear , is so
prized by the sportsman as the antlercd head
of a moose. Nor , with the samE > exception , li
any other trophy secured at equal hazard of
life and limb , provided the mcoss be taken In
n sportsmanlike way , , and put to no such
unfair disadvantage as "prustlng" or "jack-
Ing. "
* r
A story that has bejn.nyny times repeated
In th ? annals of mbo'se'nuntjtiK Illustrates the
perils ) ot the chase. Two Indian hunters ,
after a long chase , have overtaken a 1110033
and fired upon him. The shots lock effect ,
but only served to enrage the animal , which
charged furiously upon Its pursuers. With
that long , swinging strid ? , which Is powerful
even If awkward and ponderous , the great
beast came crashing through the underbrush
and before the hunters could seek shelter
had clashed one of them to the giound. AP
ho fell the Indian drew hlo knife , and even
as the moose gored and trampled him he
managed to tlrust it Into the great beast's
heart. Then ho sank back unconscious and
dying , while the mcose , also done to death ,
staecered back. and. standing with drooping
head , yet with brlstllngiy ue-nant mane anu
still flashing eye , received the coup de grace
from the other hunter , who , ensconced behind
a rock , had reloaded his gun ns hastily as
possible , yet too tardily to save the life cf
his companion.
Such a fate may como to any one who
hunts the moose by legitimate methods , but
of course , this element of danger prves only
to give zest to the pursuit. Ordinarily , to
bj bure , the moose , like most other animals ,
seeks only to ecca"e the presence of man
when pursued , but when wounded , especially
If fatigued , he Is likely to charge the hunter ,
and during the rutting season he- may do so
even without such provocation. His onslaught
at such a time Is as ferocious as that of anj
fcllno beast , and the hunter who has stood
his ground before sucn a ciiargo aim soni a
decisive ball Into the brain or shoulder of
his foe hau put his courag ? to a test ns se
vere as It Is likely ever to. bo called upon
to endure.
The legitimate methods of pursuing the
moose are by calling and still hunting. The
former Is practised during the rutting season ,
in the late autumn , by Imitating the soft
lowing cf the cov ; or the louder voice of
the bull , th3 Implement iamployed being
usually .1 horn made of birch bark. At this
season the moose Is Incautious , crashing
about through the forest In Impatient search
of a rival to give , him battle. If deceived by
the horn he comes on boldly trampling the
underbrush nnd clashing the branches In
his fury , and sometimes oven me Bigiii ui
the unexpected human opponent does not cool
his Ire. It must net bo supposed , however ,
that the mere novics can BO call as to de
ceive and thus lure the animal to destruc
tion. Skill In calling Is the accomplishment
of the practised woodsman , not of the casual
amateur.
This method of hunting has the merit
of destroying only the bull moose , but In
point of tlio real sportsmanship It develops
It Is not to be compared with still hunting.
To successfully still lunt | a moose Is to
prove one's self a veritable master of
woodcraft. Of course , one may corns crnsj
a rutting bull as It vtyre'by ' accident , so In
cautious do the anfmalJ ! sometimes thin
become. But at oth6r .se-iEona the moose
is the shyest and most-a.lm and ths keenwt-
earcd creature of ths , forest. Comparatively
few amateur sportsm'ep n boast of having
followed his trrll , sjolen , a march on hl'ii ,
n'ld won the game by joutmatchltig his centes
In this manner. Indeed , , lt ut > ed to be con
tended that this featj\vas , beyond the capac
ity ct any one but anunqlan , but , of course ,
this Is a palpable ami often refuted exag
geration , Still , whoever Jias tried It knows
that It Is not a flei ) | , | O5 which Uio novice
U likely to win laurels. ) , It Is questlonabU
which Is more astonUtiMig , the extreme
acutenesu of the meow's fonse of hearing or
the shadowy Ellence vvltti vvhlo1 ! the great
antlfred beast can itealAWay through the
thickets. If ho goes j clashing through the
woods during the frenzy ot the rutting season
It Is only bicaus ? hlsxwlts have temporarily
him. When he choosjs he can
glide away , even througn unaerorusn
the silence of a spirit.
And yet withal ho Is a clumsy bea t when
put to open flight , and his sprangly trot Is
about as awkward a gait as any animal
could well contrive. It Is even said , though
I do not vouch for It , that his feet pime-
tlmes Interfere to the extent of tripping
him up , and thut the belief , formerly current ,
to the effect that the animal Is subject to
epilepsy waa due to this fact. Do this as It
may , such a belief once found cumncy , and
out cf * lt grew the superstitious delusion that
the licof of the moose IB a curative specific
for epilepsy In the human tmbject.
The Illegitimate msthods of Killing the
moose , which unfortunately ac all too com
monly practiced , are by Jacking , hounding
and crusting. Jacking Is shotting from be
hind a torch In a boat at night while tlio
animal U feeding In the water. It requires
no skill be > end tllent piddling by the guide ;
and It rally to give the animal that chance for
Its life which true fporUmaushlp requires.
GOT
ON MONDAY
WE OFFER A THOUSAND CHOICE
MNANTS FOR PANTS
AT FOUR LLARS
From laorics that nave sold all season at
$7 , $8 and $9. ( Some at $10. )
Too many short lengths on hand. " That's why !
If you appreciate a snap place your
order early , as this unusual price will clean
them up in one day. . f
STORE ! OFEXN AT Y'SO ' A , M ,
Not more than 2 pair to a customer.
2OY SOY
South South
St. 13th St %
Hounding of any species of deer Is utterly
reprehensible and ned only be mentioned to
be condemned. '
CrusMr.g Is pursuing the animal when a
crust has formed on tl'e deep MIOVV 'In ths
woods that will support the hunter wither
or without snow shoes , but will not , of
course , support the moose. At such times
the animals. If undisturbed , confine them
selves to restricted areas of the woods ,
where' they trample down the snow Into what
ire termed yards , nnd feed within this areu
so long as any available balk remains on
the trees within reach. To pursue the moose
mder such circumstances , and cause him to
flounder oft Into the snow , where lie Is about
as helpless as If he were hoppled , is a feat
worthy of an Indian , but disgraceful for any
nnn nf prp-itpr nrntnnslnns.
Fortunately these unsportsmanlike methods
of killing H100S9 hnvo now been declared
llegal almost everywhere , and additional
aws have so restricted the time of hunting
and the number of head one hunter may kill
n a season , that In many regions of the
lorth , where moose was once threatened
vlth extermination , these animals are now
actually on the Increase. There are prob
ably more moose now In Maine and New
Irunswlck than there were ten years ago ,
hanks to the game laws. Newspaper re-
lorts toll constantly of the securing of fine
leads In the north woods the present season.
V pure nlb'no ' a very great rarity with this
pecies is eald to have been secured In
tlnlne a few weeks ago.
There is reason to hope- , therefore , that
so long as large tracts of unbroken forests
are to bo found In the north , the moose may
CEcapo the fate , that has overtaken the only
wo other mammoth ruminants of our con-
Incnt , the bison and the wapiti , both of
vlilch have come so near to extermination.
Current Literature.
tnhfr
frj'y * * * ' * * t-S
The Cleveland Centennial , to bo held In
S9G , Is made tha subject of an Interesting
paper In the December number ef The Cen
tral Magazine , Central Magazine , Cleve-
mnu , u.
A piece of unique and artistic workmanrhlp
Is the Revolutionary calendar , Issued under
the auspices of the New York City charter
of the Daughters of the American Revolution ,
and dedicated to the. Sons and Daughters of
theAmeilcan revolution. Lameon , Wolffo
& Co. , C Beaten street , Boston ,
"Why I am Not an A , P. A. . " Is the title
of a pamphlet , Issued by Joe Speyer , editor
of the Kansas City Reform. The cover ex
hibits a portrait of the author , and the con
tents cona'et In a speech recently delivered
by him.
Mr. Edmund W , Cavanaugh , D. P. ( deaf
poet ) , has Issued a brocure , containing n col
lection of poems and other writings of which
he purports to be the real author. His ad
dress la 214 N. Y. Life building. Omaha ,
Neb.
Neb.How
How to be a Christian Is the subject of a
pamphlet by Thomas navies. Price , 25 cents ,
Thomaa A. navies , New York City.
The Book Buyer this month U a regular
picture book , containing choice Illustrations
and excerpts from the principal publications
of the month , It Is a pleasure to glance
through Its pages. Charles Scrlbntr's Sons ,
Now York.
Prof. George n. Herron writes In the De
cember number of the Arena on the "Op-
pcrtunlty of the Church In the Prsent Social
CrUls ; " Henry Gautler dlecuBsc-s "The Won-
di'in of Hypnotism an Recently Demonstrated
by Leading French Scientists ; " Helen II ,
Gardner discusses the question , "Shall
Women Votz ? " and Prof , Joseph Rodes Bu
chanan writes on "Scientific Thfosopby. "
The Arena Publishing company , Boston.
Among the topics dlssussed In the Decem
ber number of the American Magazine of
Clvlca are "The Multiple Standard , "
"Woman's Natural Debarments from Politi
cal " ' Insanity " "The
SmW "I'ojmlaj : ,
Labor Movement and the New Labor Party , '
"Thomas F. Bayard as n Diplomatist , '
"China Apalnst the World. " AnJrcw J
Palm & Co. , 38 Park Row , New York.
A striking and suggestive article by Rober
J. Finley In the December Review of Re
views , on "Tho Cartoon In Politics , " gives
the outline In the recent campaign In New
York as It appeared In current literature
A large number of the brightest cartoons
which appeared In the New York newspapers
b'tween the Saratoga convention In Seitcm
bsr and the November election nre repro
duced. Review of Reviews , New York.
"Tho Legal Merits of Venezuela's Case" it
a timely topic discussed In the current Socla
Economist. Social Economist Publishing
company. Union Square , New York.
The Bookman Is out In holiday attire for
Christmas , Its contents a treat an usual am
Its covsr presenting a new and attractive
design. Uodd , Mead & Co. . New York.
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NEW BOOKS.
STUDIES IN CIVICS By James T Mc-
Clcary , M. C. Cloth , $1.00. American Book
company , Chicago.
This llttlo volume surety flits n long felt
want. No vsoik 1:111 : erlo published has been
so well adapted to help students get an
tifclght Into the way In which public busnetJ !
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MILLS BOOK OF TYPEWRITER FORMS-
Ily Emma 1) . Mllla. Cloth , $2.00 net.
This bcok purports to be a complete series
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of typewriting work ; alto , a complete tabln
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ECHOES FROM THE SABINB FARM By
Kugcne and Roa'well Martin Field , Cloth ,
J200 , Charles Scrlbner'i Son , New York ,
From Megeath Stationery company. Omaha.
A tlm ly relnlroductlcn of a book that mot
Immediate and general favor on Iti first ap
pearance. These delightful American melon *
of a Latin poet , couched In slang , which li
practically a dialect , will bear many a readIng -
Ing , and certainly who ever ban mUsed perus
ing them hitherto should Improve thlo now
opportunity. Although It U limply bound , the
volume has something of ths holiday air ,
owing to Its size and shape , and the tiny
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ode nnd opode. It Is exceedingly Interesting
to compare the work of the two brothers ,
where each has con ributcd a rendering of
the same eelcc Ion.
THE WOMAN'S BIBLE ; Part I By Ellzx.
belli Cady Stanton and Other Members of
n Committee of Prominent American
Women. Paper , GO cents. European Pub-
llnhlng company , 35 Wall street , New York.
No recent book has stirred up religious cir
cles art the above production Is destined to ,
and , In fact , has already begun to do. A
direct challenge to the authority of the goa-
pol coming frcm tx > large n body of enlight
ened , earnest , thinking women , containing In
best of American womanhood , cannot fall to
make a deep and lasting Impression. The
trend of the work alms not to nraall the gos
pel , but rather to distinguish It from Us
habiliments to separate the perl from the
meshes of weeds , In which It lies burled and
hidden. The animus of this revolt may eas
ily bo gleaned from the following words In
the Introduction : "From the Inaugurating of
the movement for woman's emancipation , the
bible has been used to hold her In the 'di
vinely ordained ppheio' prescribed In tha
Old and New Testaments ,
"Tho canon and civil law ; church and state ;
priests and legislators ; all political parties
and religious denominations have allko taught
that woman was made after man , of man
and for man , an Inferior being , subject to
man. Creeds , codes , { icrlpturcn and statutes
are all based on this Idea. The fashions ,
forms , ceremonies and customs of society ,
church ordinances and discipline all grow out
of this Idea. "
Regarding ltd Influence as supporting the
degradation of their hex , these women have
undertaken to challenge the authority of Ilia
blblo along all lines In which It encroaches
upon the rights of women , It Is necrtlsaj to
say that tlio tone of the work Is respectful ,
carmst and logical. Weo2o may De uprooted ,
but the flowers will pcrhapo thrive the bettor
for the attack. The valumo In hand It con
fined to The Pentateuch and thfl method of
treatment Is that of criticism. It Is In no
tfMCM a fftvtuInn
HOW TO BUY LIFE INSURANCE By J.
II. Lewis. Cloth , } 2. Publltfted at Den
ver , Colo. , by the author.
Mr. Lewis clulms t ; tell In twenty-ona
pages how to dUtlngulii'i between a company
which promltes muro than It can do and ona
which can safely fulflll Ho promises , And ha
ahons conclusively that If the Insured lives
out one-half the tlmo which every company
expects him to live the- Insurance In the
eafo company will cost Mm letu than In the
other.
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Omaha ,
MAMMY MYSTIC By M. G , McClelland.
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