Page:The Green Bag (1889–1914), Volume 04.pdf/372

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Communications in regard to the contents of the Magazine should be addressed to the Editor, Horace W. Fuller, 15^ Beacon Street, Boston, Mass. The Editor will be glad to receive contributions of articles of moderate length upon subjects of interest to the profession; also anything in the way of legal antiquities or curiosities, facetice, anecdotes, etc. THE GREEN BAG. '"THE following good story comes from a Colorado subscriber : — When R, New Mexico, was in its infancy, and the writer had just hung out his shingle as " Attorneyat-Law," the following pathetic incident took place. You know that every small town has its leading citizen and most prominent man, who takes the lead in all matters of progress; and our burgh was no exception to the general rule. The leader of our soci ety was a Kansasite who had emigrated from that State when the mortgage on his homestead had fallen due, and had taken up his abode in our boom ing town when it was the terminus of the Santa Fd. We will call him Deacon X. One day an alleged murder occurred in town, and a Mexican, Juan Labata, was accused of the same. About an hour after the accusation, Juan was being gently swayed by the mountain breezes at one end of a rope, which the other was securely attached to the arm of a telegraph-pole. Always first in every en terprise for the good of the community, Deacon X. was the leadet in this little soiree, and the neatness with which he sustained his position greatly increased our admiration and respect for him. But a most unfortunate event happened; the next day it was discovered beyond any reasonable doubt that Juan was n't the man at all, and was innocent of the crime This was not only embarrassing, but Deacon X. was liable to lose his reputation and prestige. Be ing chairman of our school board, the deacon of our church, and a conscientious man, he naturally felt very badly Something had to be done; and the Deacon did it. He called a meeting of the citizens in the school-house, and was elected to the chair. After a pathetic speech, setting forth the particulars of the unfortunate mistake, he submitted the follow ing resolutions: — 44

"Whereas it has pleased Almighty God to remove from our midst our late beloved brother Juan Labata; and whereas we poor weaklings cannot understand His mysterious movings, but meekly bow to His will; and whereas we regret that the said Providence did not dis close the truth of this affair a little sooner, and thus save unnecessary pain and trouble; and whereas it can't be helped now : Therefore be it resolved, by the citizens of R in mass meeting assembled, that our sympathy and condolence be, and hereby is, extended to the stricken widow of the departed Juan, and that we erect a suitable but not costly headstone over the resting-place of out former fellow-citizen, with appropriate inscription thereon; and be it further resolved, that a copy of these resolutions be properly engrossed by our worthy chairman, — for which he is to receive the sum of two dollars, to be paid out of the headstone fund, — and presented to the grief bowed widow." The resolutions went through with a whoop, and the Deacon's reputation was saved.

LEGAL, ANTIQUITIES. Among the ancient and barbarous nations, whether a man was slain by accident or not, the wisest course that occurred to them was to let the nearest relative of the dead man have his will, and kill or assassinate the slayer, and often the slayer's relatives also, without mercy or compunc tion, or the formality of a trial, or even an hour's breathing-time. It was at a later period gen erally deemed but fair that the doomed man should have one chance for bis life; and hence, if by superior speed or skill he could outrun the avenger for a certain distance, and reach a city of refuge or sanctuary, then he was not to be murdered, but to be let alone, at least for a time, till he banished himself in due course from the country. The prac tice of a blood-avenger seems traditionary in every ancient society.