The Brass Check: A Study of American JournalismSinclair, Upton
General
The Brass Check: A Study of American Journalism
Sinclair, Upton
Associated Press; Journalism -- United States; Press -- United States
Into this jungle of ravening beasts and poisonous serpents I now walked,
unarmed and unprotected—having made the mistake of employing a lawyer
who was a sensitive and honorable gentleman. The Court appointed a
referee to hear the case, and before this referee I appeared with my
counsel and my witnesses; also there appeared the counsel for the other
party, as required by law, and a solemn farce was played. The referee
had got the case as a morsel of graft from the infamous Tammany machine;
whether he was malicious or merely ignorant, I do not know, but he was
evidently possessed with curiosity concerning the notorious scandal, and
questioned me concerning my attitude toward the matters in evidence—how
I had regarded them and what I had done about them. My attorney objected
that under the law I was not permitted to testify concerning my wife’s
conduct, but the referee insisted that I should answer his questions,
and for fear of angering him, and possibly exciting his suspicions, I
answered.
Under the law it was provided that all this testimony should be secret,
the property of the Court. My attorney and the attorney for the other
party demanded of the referee and of the clerk of the Court that the law
should be obeyed. But when the referee’s report was handed in, a full
account of it and of the testimony was published in every newspaper in
New York. When inquiry was made by my attorney, it developed that
twenty-six different clerks had had access to those papers, and it was
not possible to determine which one of the twenty-six had accepted a
bribe from the newspapers. Suffice it to say that the whole obscene
story was spread before the world. I say “obscene”—it was that of
necessity, you understand; the New York State divorce law requires it to
be that, literally. The law requires that the witnesses must have seen
something tending to prove a physical act of infidelity; and if they
shrink from going into detail, the referee compels them to go into
detail—and then the details are served as delicious tidbits by the
“yellow” journals.
I waited a month or two in suspense and shame, until at last the august
judge handed down his decision. The referee had erred in questioning me
as to the other party’s actions and my attitude thereto; therefore the
referee’s recommendations were not accepted, and another referee must be
appointed and the solemn farce must be gone through with a second time.
I observed with bewildered interest that the erring referee was not
compelled to return to me the money which the law had compelled me to
turn over to him as his share of the “swag.” I must pay another referee
and a new set of court costs, and must wait several months longer for my
peace of soul and self-respect to be restored to me.
Public-domain text, read in full here on John Shaqi.
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