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MRS. HERMAN H., HIRSCH. 687

dicted, is found in Section 118 of the criminal code of the |
State. That section reads as follows:

“See, 118, Blackmail Defined. If any person shall, ver-
pally, or by printing or writing, accuse another of a crime or
offense, or expose or publish any of his or her personal or business
acts, infirmities, failings, or compel any person to do any aet, or
to refrain from doing any lawful act, against his will, with intent
to extort money or other thing of value from any person, or if
any person shall attempt or threaten to do any of the acta ahove
enumerated, with the intent to extort money or other thing of value,
sueh person shall be guilty of blackmail, and shall be puniahed as
for a misdemeanor.”

The charge against this defendant cannot be proven by law
in any court in this State on the evidence submitted. There
never was any threat or demand, either to Candler or his
agenta. The only thing contemplated was when Cook stated
on the stand that Candler had ‘‘beaten him to it”? when he
went to the grand jury a day ahead of the scheduled date
for convening. The State has made absolutely no attempt
to rebut this testimony, because they know they cannot do it.

T eannot agree with Mr. Arnold when he calls the man
who is affected by a woman’s tears a spineless, aniffling cow-
ard. I thank God that a woman’s tears can move me. I
would be ashamed to say to my wife, that woman whom I re-
gard as the best of all women, that a woman’s tears could not
move me. But that’s no reason why you should acquit the
prisoner, The greatest actress who ever lived, gentlemen,
cannot bring tears at will. They can simulate emotion, but
uo woman can make herself ery as Mrs, Hirsch cried, at will.

There was no accusation or demand made on Mr. Candier.
No accusation of adultery until after the indictments had
been found, Mr. Forrest Adair talked about getting her
some money. He said to her in his office, immediately after
the occurrence, ‘Candler told me all about it.” He was the
only one who introduced the question of money and he is en-
tirely responsible for the woman’s acceptance of his propo-
sition. It doesn’t matter whether there was an act of adul-
tery or not. It is equally true whether there was or not that

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