The life of John Worth KernBowers, Claude G. (Claude Gernade)
History
The life of John Worth Kern
Bowers, Claude G. (Claude Gernade)
Kern, John Worth, 1849-1917; Politicians -- United States -- Biography
“Mr. Kern’s sense of humor was exquisite. Whether in the court room
or on the hustings the ‘human side’ of things appealed to him with
mighty force and often, especially in his younger days, when he was
practicing in the courts of Kokomo his quick wit won his cases. On
a certain occasion a Kokomo roisterer got into trouble and engaged
Mr. Kern to defend him in a justice of the peace court. A hog knows
infinitely more about Sunday than that justice knew about law. Mr.
Kern saw that the only salvation for his client was to force
through an immediate trial. It was after dark when his client was
haled into court. The squire adjusted his spectacles in a knowing
way and said:
“‘This case will be continued until to-morrow and the defendant
will be remanded to the county jail.’
“‘May it please the court,’ said the young attorney, ‘nothing of
the kind will be done. We are entitled to justice speedily and
without delay and this trial goes on.’
“‘Will the attorney at the bar consent to tell this here court what
is his authority for that statement?’
“‘Certainly; it is contained right here in the bill of rights.’
“Then Mr. Kern read that part which says that justice shall be
speedy and without delay.
“‘Would this court presume that it has the power to set aside that
fundamental guarantee?’ he asked dramatically.
“The court remarked that he guessed his young friend ‘knowed what
he was talkin’ about’ and ordered the trial to go on. A jury was
impaneled, the trial lasted all night, and at daybreak Mr. Kern’s
client was cleared. This was one of many stories that Mr. Kern used
to tell about justice as she was dispensed at Kokomo in his early
manhood.
Public-domain text, read in full here on John Shaqi.
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