50 years ago... Inside... - Chattanooga Bar Association
50 years ago... Inside... - Chattanooga Bar Association
50 years ago... Inside... - Chattanooga Bar Association
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6 Friday, February 20, 2009 HAMILTON COUNTY HERALD<br />
You may have read Kay Bona’s<br />
tribute last week to her grandmother<br />
Orena Bouldon, who passed away<br />
earlier this month at the age of 105.<br />
At her funeral, the minister said that<br />
she had lived longer than the airplane,<br />
and almost as long as the automobile.<br />
It got me to thinking about<br />
some of the other events during her<br />
lifetime, which began in 1903, the<br />
same year that saw the arrival of Bing<br />
Crosby, Bob Hope, Lou Gehrig, John<br />
Dillinger, Claudette Colbert and Dr.<br />
Spock. Orena survived them all.<br />
Notable deaths that year were<br />
Calamity Jane and Judge Roy Bean.<br />
As mentioned, when she was<br />
just 18 days old, Orville Wright flew<br />
an aircraft with a petrol engine at<br />
Kitty Hawk, N.C., in the first successful<br />
air flight.<br />
When she was 1, the first New<br />
Year’s Eve celebration was held in<br />
Times Square, while a German<br />
physicist named Einstein was working<br />
on a special theory of relativity;<br />
and the first forward pass was thrown<br />
Across<br />
1 Lending institution<br />
5 Sci. class<br />
9 Mailroom stamp<br />
14 Manual reader, perhaps<br />
15 Bicarbonate of ___<br />
16 Run away<br />
17 Start of a remark to an accident<br />
investigator<br />
19 “The Cider House Rules”<br />
director Hallstrom<br />
20 Mongol title<br />
21 Part 2 of the remark<br />
23 Lorena of the LPGA<br />
26 Compares<br />
27 Part 3 of the remark<br />
32 Apparatus<br />
33 Nixon whose voice replaced<br />
Natalie Wood’s in “West Side<br />
Story”<br />
34 Legislate<br />
38 From the start<br />
40 English dramatist George<br />
42 Seal in the juices<br />
43 Neither liquid nor gas<br />
45 Insomniac’s need<br />
47 Pre-M.A. program hurdle<br />
48 Part 4 of the remark<br />
51 Artist’s goof<br />
54 Flushed, as in the cheeks<br />
55 Part 5 of the remark<br />
57 ___ Tzu (toy dog)<br />
59 Hydrolysis product<br />
60 End of the remark<br />
65 High-tech gofer<br />
66 “Today” co-host Lauer<br />
67 Locks<br />
68 A Corleone son<br />
69 Tom Jones’s “___ a Lady”<br />
70 Has a right to<br />
Down<br />
1 Otherwise<br />
2 Grey shade<br />
3 Harriet Stowe, ___ Beecher<br />
4 Capital of Poland until 1609<br />
5 “The Thin Man” dog<br />
6 Person, place or thing, in grammar<br />
7 Palindromic Sooner city<br />
8 Absorbent powder<br />
9 Actor Dom<br />
Are we there yet?<br />
All in a lifetime<br />
By Jay Edwards<br />
in professional football.<br />
Also that year, Huck Finn and<br />
Tom Sawyer were banned from the<br />
Brooklyn Public Library, for setting a<br />
“bad example.”<br />
When Orena was 2, Mount<br />
Vesuvius erupted, devastating<br />
Naples, as another natural disaster<br />
was destroying much of San<br />
Francisco. The 7.8 earthquake on the<br />
San Andreas Fault killed at least<br />
3,000 people.<br />
When she was three,<br />
Oklahoma became the 46th state.<br />
At age 4, William C. Durant<br />
founded a new company, which<br />
eventually became General Motors;<br />
and Henry Ford produced his first<br />
Model T.<br />
The Chic<strong>ago</strong> Cubs won the<br />
World Series, which hasn’t happened<br />
since.<br />
The same year, western bandits<br />
Butch Cassidy and The Sundance<br />
Kid were, supposedly, killed in<br />
Bolivia, after being surrounded by a<br />
large group of soldiers.<br />
At age 5, the U.S. Navy found-<br />
I Swear Crossword<br />
How it Happened by Victor Fleming<br />
1 2 3 4 5 6 7 8 9 10 11 12 13<br />
14 15 16<br />
17 18 19<br />
20 21 22<br />
23 24 25 26<br />
27 28 29 30 31<br />
32 33 34 35 36 37<br />
38 39 40 41 42<br />
43 44 45 46 47<br />
48 49 <strong>50</strong><br />
51 52 53 54<br />
55 56 57 58<br />
59 60 61 62 63 64<br />
65 66 67<br />
68 69 70<br />
10 Palin’s people<br />
11 “We’re off ___ the Wizard ...”<br />
12 Hewlett-Packard competitor<br />
13 Coral Sea hazards<br />
18 What Lotharios exude<br />
22 Montgomery’s st.<br />
23 Others, in Oaxaca<br />
24 Durable cloth<br />
25 “The Philosophy of Right”<br />
author<br />
28 “The Gold Bug” author’s inits.<br />
29 Peak<br />
30 Sound at sundown<br />
31 First name and middle initial<br />
of Coyote<br />
35 Umbrella<br />
36 Chili go-with<br />
37 Tire surface<br />
39 “___ Flower” (countrymusic<br />
classic)<br />
41 Mind reading, briefly?<br />
44 Investigate<br />
46 When the Book of Esther is<br />
read<br />
49 Asian new year<br />
Victor Fleming’s puzzles have appeared in many publications,<br />
including the New York Times and Games Magazine.<br />
Diversions<br />
ed a navy base in Pearl Harbor,<br />
Hawaii.<br />
When she was eight, the world’s<br />
largest passenger liner, the RMS<br />
Titanic, struck an iceberg in the<br />
northern Atlantic Ocean. Less than<br />
three hours later she sunk, taking<br />
with her the lives of more than 1,<strong>50</strong>0.<br />
When Orena was 9, the zipper<br />
was invented.<br />
At age 10, the minimum wage<br />
was $5 a day. Charles Chaplin made<br />
his film debut; and “Martha,”<br />
thought to be the world’s last passenger<br />
pigeon, died in Cincinnati.<br />
And in Sarajevo, Serb nationalist<br />
Gavrilo Princip assassinated<br />
Austrian Archduke Franz Ferdinand<br />
of Austria and his wife Sophie, in the<br />
event that triggered World War I.<br />
Back in Boston, Joseph Patrick<br />
Kennedy Sr. was marrying Rose<br />
Fitzgerald.<br />
When she was 11, Red Sox hitter<br />
Babe Ruth hit his first career<br />
home run, off Yankee’s pitcher Jack<br />
Warhop.<br />
At 12, the last Emperor of<br />
China, Yuan Shikai, abdicated the<br />
throne; and William J. Newton and<br />
Morris Goldberg invented the light<br />
switch.<br />
When Orena turned 13, her<br />
country declared war on Germany;<br />
and three peasant children near<br />
Fátima, Portugal, claimed to see the<br />
Virgin Mary above an oak tree.<br />
And in Paris, Dutch dancer<br />
<strong>50</strong> Rum drinker’s refrain<br />
51 Wrap around one’s neck<br />
52 Country estate<br />
53 Infielder Juan of the White<br />
Sox<br />
56 Amateur radio station operators<br />
57 Construction zone<br />
58 5’10” and 6’3” (abbr.)<br />
61 Scrooge’s shout<br />
62 Grp. for some machinists<br />
63 Pewter component<br />
64 Mins. and mins.<br />
Last week’s solution<br />
S L I P A L S O A B A S H<br />
T I N A P I E R V I L L A<br />
U T E S E V E R Y A G E I S<br />
R H E T T E D I E H E M P<br />
M O D E R N N A S A<br />
A L A I N A H E I G H T<br />
D O H C R A S S V R O O M<br />
E V A T O T H O S E F L A<br />
B E N J I L E A N N L E N<br />
I N D O O R S P O T T Y<br />
I N A T W H O A R E<br />
A L E N N A G S S I K E S<br />
L I V I N G I N I T L I F T<br />
I R E N E N A L A E T R E<br />
T A N G O T T O P D E Y S<br />
Mata Hari was executed by firing<br />
squad, for being a German spy.<br />
At 14, The U.S. Congress<br />
established time zones, and the first<br />
Daylight Savings Time went into<br />
effect.<br />
The small town of Codell, Kan.,<br />
was hit by a tornado, for the third<br />
straight year, and on the third same<br />
day, May 20.<br />
When she was 16, Adolph<br />
Hitler made his first public political<br />
speech.<br />
When Orena was 17, 16-yearold<br />
Margaret Gorman won the<br />
Atlantic City Pageant’s Golden<br />
Mermaid trophy; pageant officials<br />
later dubbed her the first Miss<br />
America.<br />
At 18, Christian K. Nelson<br />
patented the Eskimo Pie; while in<br />
the Bronx, construction began on<br />
Yankee Stadium.<br />
Not far away, in Washington,<br />
D.C., the Lincoln Memorial was dedicated.<br />
Just before her 25th birthday, a<br />
mouse named Mickey appeared in<br />
Steamboat Willie - the first film with<br />
sound.<br />
The month before her 26th<br />
birthday, there was a loud crash on<br />
Wall Street. Three days of multi-digit<br />
percentage drops wiped out more<br />
In 1985, I received notice that<br />
my name had come up on the “jury<br />
wheel.” (I’ve never known why it,<br />
whatever it is, was called that.) I was<br />
at the time seven <strong>years</strong> into the private<br />
practice of law.<br />
There was at the time a statute<br />
by which lawyers could exempt<br />
themselves from jury duty. I passed<br />
on that opportunity, rationalizing<br />
that this would be the educational<br />
experience of a lifetime.<br />
Two weeks after orientation I<br />
was “called to the rail.” After voir dire<br />
and peremptory strikes, I found<br />
myself sitting as juror no. 10 in a case<br />
that was being billed as a sensational<br />
punitive damages action.<br />
Almost a quarter century has<br />
passed since this memorable event. I<br />
wrote about it <strong>years</strong> <strong>ago</strong> and, at that<br />
time, opted not to name names. But<br />
today I’m disclosing all.<br />
R. David Lewis and Mark<br />
Riable represented the plaintiff.<br />
Wendell Griffin and Jim Kubicek<br />
represented the defendant. As my<br />
name was called, I resisted the temptation<br />
to look at any of these colleagues<br />
of mine, but I’d love to have<br />
seen the looks on their faces. To this<br />
day, I believe that each side assumed<br />
the other would strike me from the<br />
panel. This, notwithstanding that<br />
they all have told me otherwise;<br />
agreeing that they all felt I would be<br />
the perfect juror for that case.<br />
The facts were pretty simple.<br />
Plaintiff had bought a used car. It had<br />
some kind of a warranty. He took the<br />
car to the defendant’s shop, asking<br />
that the clutch be inspected for some<br />
type of malfunction. No problem<br />
with the clutch, the defendant said,<br />
but the brakes are bad.<br />
Plaintiff tendered his warranty<br />
and asked if the brake job would be<br />
covered. Don’t know, said the defendant,<br />
but you got to have ‘em fixed.<br />
I’ll file a claim and let you know.<br />
So, the brake work was done,<br />
satisfactorily, and the plaintiff drove<br />
than $30 billion from the New York<br />
Stock Exchange.<br />
Two months later, on New<br />
Years Eve, Guy Lombardo played<br />
Auld Lang Syne for the first time.<br />
When she was 30, Alcatraz<br />
became a prison; and the Apollo<br />
Theater opened in Harlem.<br />
In Louisiana, a team of police<br />
officers, led by Texas Ranger Cordell<br />
Walker, ambushed bank robbers<br />
Bonnie Parker and Clyde <strong>Bar</strong>row,<br />
near their hideout in Black Lake,<br />
killing them both.<br />
While in the Scottish<br />
Highlands, Surgeon R.K. Wilson<br />
allegedly photographed the Loch<br />
Ness Monster.<br />
And outside Chic<strong>ago</strong>’s<br />
Biograph Theatre, “Public Enemy<br />
No. 1” John Dillinger, was mortally<br />
wounded by FBI agents.<br />
When Orena was 59, Attorney<br />
General Robert F. Kennedy closed<br />
the federal prison, Alcatraz.<br />
And when she was 105, the first<br />
Africa American was elected<br />
President of the United States. And<br />
in the final game at Yankee Stadium,<br />
the Bronx Bombers beat the<br />
Baltimore Orioles 7-3.<br />
Godspeed Orena Craig<br />
Bouldon. ❖<br />
I Swear...<br />
Jury duty revisited<br />
By Vic Fleming<br />
away. A few weeks later, plaintiff<br />
came back to defendant’s shop, this<br />
time with rear end trouble (in his car,<br />
that is). Defendant’s employees<br />
jacked up the car on the rack, and<br />
while it was so positioned, defendant<br />
told plaintiff that the warranty claim<br />
had been denied. And that plaintiff,<br />
therefore, had best fork over the $400<br />
balance due if he wanted his car.<br />
After a lively discussion, plaintiff<br />
caught a ride home, borrowed<br />
$400 and then went and got his car.<br />
He then sued defendant, alleging<br />
fraud and conversion. The alleged<br />
fraud stemmed from the allegation<br />
that the brake job had not been<br />
needed in the first instance; thus, it<br />
was improper to have sold it to him.<br />
The conversion came in from the<br />
jacking up of the car and refusing to<br />
release it until the (allegedly fraudulent)<br />
$400 bill was paid.<br />
At a break that was taken after<br />
both sides had rested, other jurors,<br />
who had figured out that I was a<br />
lawyer, asked me what would happen<br />
next. As modestly as I could at that<br />
time of my life, I explained that next<br />
up was jury instructions. “The judge<br />
will read to us for 15 minutes, telling<br />
us what the law is and how to apply<br />
it and what our duties are and so<br />
forth.”<br />
“Ahh,” they replied, impressed<br />
by my wisdom.<br />
When we went back into the<br />
courtroom, Judge Tom Digby said<br />
words that I’d never heard him utter<br />
before (and that I would never hear<br />
him utter again): “Ladies and gentlemen,<br />
I am going to give you this case<br />
without any instructions.” (There<br />
goes my credibility, I thought.) “This<br />
is rare, but the lawyers have agreed<br />
that this is what we should do,” and<br />
when he said that, he made eye contact<br />
with me and smiled.<br />
TUNE IN AGAIN NEXT<br />
WEEK TO FIND OUT HOW<br />
THE CASE CAME OUT.<br />
© 2009 Vic Fleming ❖