pageok
pageok
pageok
Ben Cardozo Meets Bat Masterson:
When I was a boy, I used to enjoy the series Bat Masterson, starring Gene Barry. I even had a toy Bat Masterson cane. Recently, I started watching some old episodes of Bat Masterson on the Western Channel (Pictures and theme song here). Although far from the quality of Maverick with James Garner and Jack Kelly (and later Roger Moore), The Rifleman with Chuck Connors, and Wanted Dead or Alive with Steve McQueen, I can see its appeal. In each of the episodes I have watched so far, Bat seeks some form of justice against wrong-doing.

The Wikipedia article on Bat Masterson contained a link to the surprising story of a libel lawsuit brought by Masterson, who ended his career as a sportswriter for the New York Morning Telegraph, against the New York Globe and Commercial Advertiser. After Masterson characterized a prize fight in Madison Square Garden as fixed, the paper had printed an article that included a statement by one of the fighter's manager that Masterson had "made his reputation by shooting drunken Mexicans and Indians in the back." The publisher retained none other then Benjamin Cardozo to represent it. Masterson sought $25,000 in damages.
In the Masterson case, Cardozo's defense strategy rested on the grounds that Ufer's statement was essentially accurate, that it was not meant to be taken seriously, and that it could not have caused Masterson's reputation any harm. . . .

In his cross-examination, Cardozo sought to establish that Masterson had indeed killed several men, including Indians. His initial question to Masterson was: "How many men have you shot and killed in your life?" Masterson denied killing 28 men as repeatedly reported by the press. Instead, he ventured that the number was probably three, a soldier in Texas who had shot him first, a Texas cowboy in Dodge City who had just fatally wounded his brother, Sheriff Ed Masterson, and another Texan, a wanted murderer, in 1879. He added that he had also shot a man in Dodge City in 1881, but didn't know if he'd killed him or not. As for Indians, he professed not to know whether he'd ever shot any, noting that in battle "I certainly did try to shoot them. . . . It wasn't my fault that I didn't hit them. . . . I haven't any idea of and can't give you any notion as to whether any of them fell under my fire."
You can read the whole story here, but the article includes these excerpts from Cardozo's cross-examination of Masterson:
Record at 22:
Q. Now, do you think of any other fights that you ever had?
A. Well, I am not thinking; I suppose you are doing all the thinking. I do not know of any other fights that I ever had; I have never had very many fights.
Q. You don't think you have been a fighting man at all?
A. No, indeed; I never had any one accuse me of it.
Q. How many fights have you had?
A. Well, I am 59 years old, and I have been -- I can't tell you. I told you all about the serious troubles. The fist fights, if that is what you are referring to, I couldn't tell you anything about that.

Record at 23:
Q. Your counsel asked you whether you ever carried a pistol. When did you stop carrying a pistol?
A. When I ceased to be an officer. That has been a good many years ago. I was a United States officer here, and never carried any; and I haven't carried any in New York for the last ten years. The last time that I carried a pistol was, I think, probably in Denver when I was acting as Deputy Sheriff.
Q. Did you ever carry a pistol in the City of New York?
A. Yes, sir.
Q. Then it wasn't the last time that you carried a pistol when you were acting as Sheriff in Denver was it?
A. No. I had almost overlooked the New York incident.

Record at 24:
Q. You were arrested on the charge of being mixed up in a crooked faro game, weren't you?
A. Well, I never knew what I was arrested for; there was never any complaint against me.
Q. You mean to say that you didn't make any inquiry as to what the charge against you was?
A. No; I never learned. I attempted to. I heard what they said, and that is all I know about it.

Record at 26--27:
Q. You have, in your judgment, quite a reputation in this town, haven't you Mr. Masterson?
A. Well, I don't know what you mean by "reputation"; good or bad? What do you mean?
Q. Well, you are well known, -- generally known, I mean?
A. Well, yes; yes, sir; I am very well known. I was well known when I came here. I don't think my reputation had been made by the affrays which I had been engaged in, in the West.

Record at 32:
Q. You have killed a great many men including your affrays in the Indian War, haven't you?
A. I think I have stated all here.
Q. Well, you are proud of those exploits in which you killed men aren't you?
A. Oh, I don't think about being proud of it. I do not feel that I ought to be ashamed about it; I feel perfectly justified. The mere fact that I was charged with killing a man standing by itself I have never considered an attack upon my reputation.
The jury returned a verdict $3,500 for Masterson, along with $129.25 in costs. Cardozo appealed and the Appellate Division reversed the trial court by a 3-2 vote, and awarded a new trial unless the plaintiff stipulated to a reduction of the verdict to $1,000. Less than a month after the appellate decision, Cardozo became a trial court judge. Masterson died in 1921 while working at his desk. His last words were found in his typewriter in the column he had been writing:
There are those who argue that everything breaks even in this old dump of a world of ours. I suppose these ginks who argue that way hold that because the rich man gets ice in the summer and the poor man gets it in the winter things are breaking even for both. Maybe so, but I'll swear I can't see it that way.
This even sounds like something Gene Barry's Bat Masterson might say.


ReVonna LaSchatze:
Randy posts rarely, but we'll take what we get. Great dialogue between two interesting minds. Thanks for sharing!
1.21.2007 6:29am
Glenn W. Bowen (mail):

Although far from the quality of Maverick


Warner Brothers had quite a lineup back then-

Maverick
Cheyenne
Bronco
Sugarfoot
77 Sunset Strip
The Roaring Twenties
The Untouchables
Surf Side 6
Hawaian Eye

and there was about about a million half hour westerns/detective shows
1.21.2007 7:12am
Tocqueville:
Great post.

I've often wondered, what was it about the Wesern genre that so captiavted the American mind in the 1950s? It is a most unusual phenomenon, if you think about it. Any thoughts?
1.21.2007 9:07am
John (mail):
I don't think they would have used "affray" on TV. Sadly.

What a great find this story was! Thanks.
1.21.2007 9:37am
Poole:
what was it about the Wesern genre that so captiavted the American mind in the 1950s?

They were cheap to produce. If you make enough of anything, some will be good while most will be bad. The TV westerns with decent writing, actors and characters became popular.
1.21.2007 11:03am
JosephSlater (mail):
The last bit about people perceiving equality when the rich get ice cream in the summer and the poor in the winter is very reminiscent of the old, "the law, treats both the rich and poor equally in that it forbids both from sleeping under bridges" sentiment.
1.21.2007 11:15am
Lester Hunt (mail) (www):
"I've often wondered, what was it about the Western genre that so captiavted the American mind in the 1950s?"

The basic situation in the Western is: People are much like they are today, except that government is very puny or very far away. It is a situation that is full of drama and also moral complexity and ambiguity. For instance, if your rights are to be observed by others, you may have to dirty your hands by defending them yourself. I wish someone would bring Westerns back!
1.21.2007 12:00pm
AppSocRes (mail):
Cardozo seems, in this case, to have lost track of the adage "don't ask a question unless you know what the answer will be". Should we blame it on bad pre-trial investigation?
1.21.2007 12:24pm
Charlie (Colorado) (mail):
Heh. When I was a child on a cattle ranch in Colorado, one of our hands was a Deputy Marshall under Bat Masterson in Trinidad and Pueblo. Its fun to see these sorts of stories come around.
1.21.2007 12:25pm
Sean O'Hara (mail) (www):

what was it about the Wesern genre that so captiavted the American mind in the 1950s?


The Western was popular all the way back to the silent era, though mainly as B-pictures. John Ford's Stagecoach is generally considered the film that made Westerns a viable A-genre. Then along came TV, and every third show was a Western until people got tired of them.

The last great year for Western movies was 1969 -- the year of The Wild Bunch, True Grit, Butch Cassidy and the Sundance Kid, and Once Upon a Time in the West.
1.21.2007 1:28pm
Glenn W. Bowen (mail):

I've often wondered, what was it about the Wesern genre that so captiavted the American mind in the 1950s? It is a most unusual phenomenon, if you think about it. Any thoughts?


as above, and as also noted, westerns were wildly popular as films from their inception. when TV came along, it was presented physically in Academy Ratio, the same format thousands of ready-made movies were in. beyond produced for TV westerns, there were hunfreds of western films ready to broadcast with a telecine machine- remember "please stand by" on the screen when the film broke?
1.21.2007 2:03pm
Tocqueville:
What about Frederick Jackson Turner's famous thesis that the wellsprings of American exceptionalism and vitality have always been the American frontier, the region between urbanized, civilized society and the untamed wilderness? According to Turner, the frontier created freedom, "breaking the bonds of custom, offering new experiences, [and] calling out new institutions and activities." Turner's thesis sounded an alarm for the future of American exceptionalism, as the U.S. Census of 1890 had officially declared the American frontier "closed."

Is it any wonder that the Western genre was quickly replaced by science fiction like Star Trek, essentially a narrative about space cowboys on the "final frontier"?
1.21.2007 2:39pm
michael (mail) (www):
The link broke off for me. So did Bat get the $3500 or accept a $1000. What was the basis for the apellate decision? The Wild West stories are also like school yard fights. I worked for a number of years with a Forrest Selman, MD. In conferences I often was impressed with his insightfully obvious but also somewhat impertinent observations. Later taking call elsewhere, I had occasion to talk to another Dr. Selman whose comments seemed similar. I asked if he was related. He told me they both were probably related to the man who killed famed gunslinger John Wesley Hardin in a card game. This Selman had some grudge against him. JW apparently didn't believe the man would have had the nerve to just walk up and shoot as JW plyed cards, but he did.
1.21.2007 2:56pm
fishbane (mail):
Is it any wonder that the Western genre was quickly replaced by science fiction like Star Trek, essentially a narrative about space cowboys on the "final frontier"?

This is very similar to my own thoughts about popular fiction and entertainment. Science fiction over the last 15 years or so has turned inward, for the most part, focusing on somewhat dark plotlines involving crime, politics, and intrigue - almost replicating some of the detective and spy novel plotlines from former years. Meanwhile, as technology advances, Star-trek narratives seem less likely, and we get Battlestar Galactica, a dark struggle for survival with mystical overtones, and more fantasy/horror shows, frequently with humor overtones (think Buffy).

People like Scalzi are still doing traditional sci-fi, or course. But even good space-romance authors like Vinge (and less good ones like Brin) are turning to inward looking narratives about the implications of change on our little rock, rather than expansive stories about freedom of movement over the galaxy.

Is there another framing of the fantasy of dangerous freedom for fiction to move to?
1.21.2007 2:59pm
lesliek:
Someone's already mentioned being reminded of the statement about sleeping under the bridges of Paris.

Not quite in the same category, but what came into my mind was the statement that, according to economists, if you have one foot in the oven and the other in the freezer, then, on average, you're comfortable.
1.21.2007 4:17pm
Mike G in Corvallis (mail):
But even good space-romance authors like Vinge ... are turning to inward looking narratives about the implications of change on our little rock, rather than expansive stories about freedom of movement over the galaxy.

Don't worry, fishbane, Vinge's currently working on a direct sequel to A Fire Upon the Deep.
1.21.2007 5:07pm
Ragerz (mail):
AppSocRes writes:


Cardozo seems, in this case, to have lost track of the adage "don't ask a question unless you know what the answer will be". Should we blame it on bad pre-trial investigation?


Did they even have discovery back then?
1.21.2007 5:44pm
fishbane (mail):
Don't worry, fishbane, Vinge's currently working on a direct sequel to A Fire Upon the Deep.

I know he is. And I'll probably finish Against The Day just in time to read the result when he finishes it. I was looking at more general trends, and wondering if there were a new genre for the sort of yearning that was formerly demonstrated in both Westerns and Sci-fi. (Vinge's latest novel was quite interesting, too - I don't mean to belittle it.)
1.21.2007 5:45pm
Jeremy T:
Seems like there was a law review article about this written a few years ago.
1.21.2007 7:33pm
David Chesler (mail) (www):
Masterson is buried in Woodlawn Cemetery, in the northwest Bronx, as are Irving Berlin, Nellie Bly, Fiorello LaGuardia, Roland H. Macy (of the store), Herman Armour (of the meat), Oscar Hammerstein, and Thomas Nast.
1.21.2007 9:14pm
fishbane (mail):
Seems like there was a law review article about this written a few years ago.

You don't say. I think I read something about an article about something similar to that law review. I'm really not sure, perhaps I should look it up, but this others seem on board.
1.21.2007 11:27pm
fishbane (mail):
Seems like there was a law review article about this written a few years ago.

You don't say. I think I read something about an article about something similar to that law review. I'm really not sure, perhaps I should look it up, but this others seem on board.
1.21.2007 11:28pm
VanMorganJr. (mail):
Westerns were also popular on the radio as late as the mid-1950s, before TV became the medium of choice. The Lone Ranger, Cisco Kid and others were broadcast both at the dinner hour during the week (my Mom, in particular, loved that) and again on Saturday mornings, along with Tarzan and a few non-westerns.

Roy Rogers, Lone Ranger, Lash Larue and other western heroes were also staples on the comic book rack.

Those of us who grew up in the '50s couldn't get enough of them.
1.22.2007 12:25pm
Fub:
VanMorganJr. wrote:
Westerns were also popular on the radio as late as the mid-1950s, before TV became the medium of choice. The Lone Ranger, Cisco Kid and others were broadcast both at the dinner hour during the week (my Mom, in particular, loved that) and again on Saturday mornings, along with Tarzan and a few non-westerns.
The hardcore was Gunsmoke.
1.22.2007 1:12pm
Jay Myers:
The Western genre was popular from the very beginnng of popular literature in the US and was in large part responsible for the success of the dime novel and later mas media. Their popularity was due to a combination of raw escapist adventure and a celebration of American exceptionalism. As such, they were incapable of surviving after the change in national self-perception that was embodied by the cultural revolution of the 1960's. In fact, if you examine westerns of the '60s you will find that they are very different from earlier examples. Whereas the heroic conquest of the continent had been a cause for pride and celebration, now serious moral questions about the our past actions were being entertained. The few film westerns of the last fifteen years have practically been accusatory in tone although it is couched in terms of portraying things 'realistically' as if that were something Hollywood had ever cared about.
1.22.2007 4:08pm
Randy Barnett (mail) (www):
One exception to this is Silverado, which is done in the classic style.
1.22.2007 5:18pm
sueiope (mail):
acrobat
adaware
antivirus
antivirus
antivirusgratuit
ares554
avatar22
avatars77
chansongratuit7
chansonsgratuit9
chatgratuit8
clipgratuit9
clone8
divx9
divx26
divxgratuit9
download78
ecrandeveillegratuit
edonkey7
emoticone9
emoticonegratuit9
emoticones9
emule7
emulegratuit9
firefox9
gaygratuit7
gratuit99
gratuit29
gratuit39
gratuit4
gratuite8
gratuite288
gratuite39
gratuite49
horoscopegratuit956
icq8
jeudevoituregratuit
jeugratuit4
jeugratuitcadeaux
jeugratuitpourenfant
jeupcgratuit7
jeuvideogratuit9
kazaa44
kazaagratuit5
limewire74
logiciel22


logiciel26
logicielgratuit76
logiciels53
logiciels27
logicielsgratuit4
messenger64
messengergratuit3
morpheus8
mp3gratuit7
msn7
msn3
msngratuit22
musicgratuite6
musiquegratuite3
musiquesgratuites4
nero8
nerogratuit6
parolegratuit
parolesgratuit6
realplayer5
shareaza44
skype33
smsgratuit4
spybot3
sudokugratuit5
tarotgratuit33
telechargement4
telechargement24
telechargementantivirus4
telechargementchanson9
telechargementchansons4
telechargementdivx7
telechargementemule7
telechargementfilmgratuit7
telechargementgratuit8
telechargementgratuit29
telechargementkazaa33
telechargementlogiciel66
telechargementlogicielgratuit9
telechargementlogiciels7
telechargementmessenger6
telechargementmp36

telechargementmsn4
telechargementmusic6
telechargementmusique4
telechargementnero35
telechargementparole4
telechargementparoles34
telecharger44
telecharger23
telecharger38
telecharger48
telecharger22
telecharger233
telecharger24
telechargerantivirus4
telechargerantivirus26
telechargerantivirus38
telechargerchanson5
telechargerchansons6
telechargerdivx7
telechargeremule6
telechargergratuit44
telechargergratuit7
telechargerjeugratuit34
telechargerkazaa8
telechargerlogiciel9
telechargerlogiciels8
telechargermessenger7
telechargermp37
telechargermsn9
telechargermusic6
telechargermusique8
telechargernero44
telechargerparole6
telechargerparoles7
toutgratuit4
traducteurgratuit7
vlc5
winamp56
winmx6
winrar6
winzip6


photo55
photo37
photo4
photogaygratuit5
photopornogratuit5
photosexegratuit6
photosexgratuit6
pied6
pipe33
poitrine4
porn4
porno7
porno244
porno36
porno48
pornographie9
pornogratuit7
pussy8
rasee7
rousse34
sado8
spe6
spe2
sex8
sex28
sex35
sex48
sexe6
sexe26
sexe37
sexe4
sexeamateurgratuit5
sexegratuit8
sexgratuit88
sexgratuitbeurette8
sexuelle7
sexy7
sexy28
sodomie8
suce5
suceuse7
teen5
tit66
toon6
transsexuelle6
video5
video25
video35
video48

videogratuit5
videogratuit26
videogratuit37
videopornogratuit2
videos5
videos26
videos37
videos46
videosexegratuit76
videosexgratuit7
videoxgratuit5
voyeur5
webcam5
webcam27
x55
x26
x38
x4
xxx77
xxx27
xxxgratuit88
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
21
22
23
24
25
26

27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72

73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
1.23.2007 6:43am
VanMorganJr. (mail):
Another exception was the exceptional "True Grit." Filmed in 1969, starring John Wayne as Marshall Rooster Cogburn chasing bad guys in the Oklahoma Territory. Classical good vs. evil and survival on the frontier by sheer, well, true grit.
1.23.2007 10:21am