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
The four years that Mr. Kern was reporter of the supreme court,
1885-1889, have been described by him in an address before the Indiana
Bar Association as “in many respects the most interesting of my life.”
The five judges of the supreme court with whom he was intimately
associated during these years among the greatest lawyers and most
distinguished men who ever sat upon the supreme bench of Indiana at one
time.
Not least among the things that went to make this “the most interesting
period of his career” was his intimate association with the members of
the bench. He did his work well, as the seventeen volumes of the Indiana
Reports bearing his name testify. But in later years it was the amusing
incidents of the period that he largely drew upon in conversation. He
loved his practical joke then as throughout his life, and he frequently
related the following at the expense of Judge Niblack, who was not much
given to frivolity. The judge had decided a case from Pike county in
which some people had been indicted for maltreating a goose under the
statute regarding cruelty to animals. The point at issue was as to
whether a goose was an animal within the meaning of the statute and
Niblack decided that it was. One of the judge’s pet hobbies was a short
syllabi and he cautioned Kern and his deputies against long ones with
such frequency that it made a rather disagreeable impression on the
reporter. In the Pike county case, bearing Niblack’s admonition in mind,
Kern decided to write the syllabus himself. He made the headline,
“Criminal Law,” the subhead, “Cruelty to Animals,” and the text, “A
goose is an animal.” He said nothing about it to Niblack, who read it
for the first time in the proof, and then went to Kern. “I want to talk
to you a little about this syllabus in the Pike county case,” he said.
“You have said to me repeatedly that you wanted these syllabi cut as
short as I could,” Kern replied with simulated heat, “I had an
opportunity here to show you what I could do with this opinion. You have
decided that this goose was an animal, and I have so put it in the
proof.”
The old judge, taking it all seriously, and assuming a conciliatory
tone, replied:
“That is all right, but in this syllabus you stated it too abruptly, and
I wish you would lengthen it out a little.”
Public-domain text, read in full here on John Shaqi.
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