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A Veterans Day Salute: We Remember and Give Thanks

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A Veterans Day Salute: We Remember and Give Thanks thesidebar THE NEWSLETTER OF THE WESTMORELAND BAR ASSOCIATION VOLUME XIV, NUMBER 5 SEPTEMBER–OCTOBER 2002 A Veterans Day Salute: We Remember and Give Thanks two months at Officer Training enlisted men. I was awarded the ne year after World War I drew to a close, President School, Fort Schuyler, Bronx, N.Y. Purple Heart. OWoodrow Wilson declared In October 1943, I reported to June to August of 1944 was spent November 11, 1919, as Armistice the Amphibious Training Bases in survivor camps until I was assigned Day—a national holiday to celebrate at Camp Bradford, Norfolk, and to and reported aboard LST 312 in victory in “the war to end all wars.” Solomons, Md., and by December, Manchester, England. LST 312 had Yet the dream of world peace was was recommended to be an Executive been hit by a buzz bomb in London. soon shattered as first World War II, Officer on an LST (Landing Ship I was promoted to Lieutenant in then the Korean Conflict called Tanks). October 1944. On December 12, America’s troops back to the battle- A nucleus crew picked up our 1944, we left Plymouth, England, and field. In 1954, Armistice Day was ship, LST 499, at Evansville, Ind., in crossed the Atlantic renamed “Veterans Day,” as a tribute January of 1944, and we sailed down Ocean in a convoy, to all the men and women who have the Ohio and Mississippi Rivers to arriving in New defended the cause of freedom New Orleans, La. January to March of York City in bitter around the world. 1944 was spent training and outfitting cold weather and a This Veterans Day, the WBA pays the ship in New Orleans, Panama blinding snowstorm tribute to our members who have City, Fla., Brooklyn, N.Y, and Boston, on January 7, 1945. served their country, both in times Mass. On March 14, 1944, we set out During the cross- of peace and of war. We thank them from Halifax, N.S., and crossed the ing, the convoy was for sharing their stories with us, and Atlantic to Firth of Clyde, Scotland, attacked by a for serving the common good. in a 70-ship convoy. German submarine. During Exercise Tiger, a practice DE escort torpe- GEORGE E. BERRY, JR. invasion at Slapton Sands on the doed as it passed ▲ ecember 8, 1941, I turned south coast of England in April 1944, astern LST 312 George E. Berry, Jr. in my books and quit law LST 499, one of 8 LSTs in a convoy dropping depth D school in the second quarter escorted by one escort vessel, was charges 400 miles northeast of the of my second year and enlisted in the attacked by German E-Boats. Three Azores. U.S. Navy as a Yeoman 3rd Class. LSTs were torpedoed, and two sank, In April 1945, I was assigned to I was assigned to the Personnel with a loss of over 800 Navy and LST 309 and sailed from Mobile, Office of the Office of Naval Army personnel, and equipment. Ala., through the Panama Canal. We Intelligence, in Washington, D.C., LST 499 arrived at Utah Beach spent a month in Hawaii for ship from February to August of 1942, and D-Day morning, June 6, 1944. We repairs, and arrived in the Philippines then the U.S. Maritime Training spent two days unloading, and on Islands on August 13, 1945, two days Station, in Sheepshead Bay, N.Y., June 8, while on our way to a staging before the war ended. from September 1942 to July 1943, area to return to England, LST 499 From September 29, 1945, to where I was promoted to Lieutenant hit an acoustic mine, and sank, with October 19, 1945, I crossed the (junior grade). I then spent the next the loss of one officer and twelve continued on page 4 IN Jury Spotlight To-Wit: Actions THIS President’s Trial on James by S. Practice of the ISSUE 2 Message 8 Verdicts 9 Irwin 11 Sponte 13 Tips 17 Board 2 • sidebar SEPTEMBER–OCTOBER 2002 President’s Message Mea Culpa, Mea Culpa, Mea Maxima Culpa by Timothy J. Geary, Esq. attended the Planning you are aware that my goal for this You are probably saying to yourself, Committee Retreat in late year is make all of us think about how “Well, this is all fine, but sometimes I I September at Dick Galloway’s we appear to our clients and to the have to make referrals in a hurry. This digs at Kent Island, Md. Dick is public generally. My general message profession of ours involves adversity always a gracious host and part of should be clear to those of you who and bad things happen to our clients the off-time at the retreat involves have not spent your formative years in when we delay.” Fortunately, I have an an outing on Dick’s a broom closet. answer to that problem. The Board of sailboat. I have always The question is, “Why do members Directors is fine-tuning our Website enjoyed sailing and of our Association refer cases to to include a lawyer-to-lawyer section Dick usually humors out-of-county firms?” Oh sure, I similar to the business-to-business me by allowing me realize that some of you have friends yellow pages so that each of us can to take the helm. that go back a long way but I am not list those areas of law which we do best Imagine my chagrin talking about that kind of relationship. and would welcome referrals. when, although we I am thinking about the purely The Westmoreland Bar Association were in the marked economic ones. Shucks, I have has almost 475 members so it would channel, the depth done it myself on be impossible for me ▲ gauge suddenly went occasion, hence to list individual Cap’n Tim from 11.2 feet to my “mea culpa.” member lawyers and isn’t happy 4.2 feet. This was not Surely you didn’t their special areas of about running good on a sailboat think the mea practice here. aground. with a 5-foot keel. culpa had anything However, having said We were aground! to do with my that, and especially in This was embarrassing enough but sailing? After all light of the content of when the towboat finally arrived, I was in the Air this article, I would be piloted by Dick’s brother, Bob, my Force, not the remiss if I failed to chagrin shifted to a deep depression Navy. mention that my dear when I saw his passenger was ... Dan In any case, friend, Dan Joseph, is Joseph, he of Deep Creek infamy! when we refer out an excellent medical My first thought was “Why me?” of county, are we ▲ malpractice attorney My second thought was “Where can I not cutting our Cap’n Dan to the rescue. who would welcome hide?” However it was too late! I had own collective your referrals. seen gloating before but until then I throats? This is our Bar Association, Charity begins at home! had never actually heard it. It is, for after all. Even if I can’t or don’t want the uninformed, sort of a diabolical to handle a particular type of case, I chortle. shouldn’t spite my neighbor and send By now I suppose that most of you it away from our Association. If I do, realize that the message this time is what does this say about my perception about confession. I admit that my of my neighbor or his or her abilities? ship captaincy was short-lived and We pay a lot of money every year in obviously nothing to write home dues to our Association and if we are about but how, you ask, does that concerned about its image and the have anything to do with our image as collective image of its members we lawyers? I hope that by now most of should keep our referrals at home. Question? Comment? Contact Tim at: [email protected] SEPTEMBER–OCTOBER 2002 sidebar • 3 Law Library Notes by Betty Ward, Law Librarian legal periodicals; and Hein On Line, SESSION full text access to original articles from LAWS WESTLAW a collection of the earliest legal The The Law Library is proud to periodicals and other legal Pennsylvania announce that the Westlaw National classics. Legislative Gold package will be available for Reference public use (free of charge) on Law NEW Bureau Library computers. This is their COMPUTERS recently largest package including cases and Two new announced plans statutes from all 50 states and all computers have to digitize our federal courts, law reviews, jury recently been State Session Laws. verdicts, analytical materials and added to the This project will so much more. Look for more Law Library’s include The Statutes at information at the Circulation Desk. Computer Large of Pa. (1682-1817); Center. Three computers are Smith’s Laws (1700-1829); and the JENKINS MEMBERSHIP now available for accessing legal Laws of Pennsylvania (1700-Present). The Law Library has an “association” information from the Internet and The first installment is expected to be membership with Jenkins Law Library another for accessing CD-ROM available online this summer. in Philadelphia. This allows our information. users access to electronic information THANKS available to Jenkins Law Library LOCAL ORDINANCES Thank you to Diane Mitinger for members, such as: the Pennsylvania Greensburg, Murrysville and donating law books and two “Legislative History” database; Rostraver Township ordinances are Westmoreland Bar Association LegalTrac, an index to 900 legal available online at: www.generalcode.
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