U.S. Circuit Court for the District of Southern New York November 8, 1909 (United States v. Franklin)

HAND, District Judge

(after stating the facts as above). I do not in the least mean to reflect upon the wisdom of the counsel who filed these demurrers. To our great discredit, as I think, technicalities of the kind which it raises have been too often successful to permit a conscientious counsel to forego their trial, whenever his ingenuity devises them.