Page:The Green Bag (1889–1914), Volume 05.pdf/112



CURRENT TOPICS. A STUBBORN COURT. — Some time ago Judge Phil lips, of the United States Circuit Court, imprisoned the three judges of Cass County, Missouri, for con tempt in refusing to obey the order of his court that they should levy a tax to pay certain railroad-aid bonds of the county. There had been a hot litiga tion over the bonds, the citizens contending that they were illegal and fraudulent; but they had passed into the hands of innocent holders, and the United States Supreme Court had pronounced them binding. On one occasion a judge and the district attorney were on their way to St. Louis to sell some of the bonds, and were dragged from a train at a way station and lynched. Another member of the party killed him self to avoid their fate. Nobody was ever punished for the murder, but several were convicted of stopping a mail-train. A good many of the bonds were com promised. The three county judges in question, hav ing a wholesome fear of lynch law, refused to levy the necessary tax, and went to jail in Kansas City, where they have lain ever since last March. The jailer treated them well, allowing them to eat in the jail kitchen and occasionally to take a stroll around the city in his company. Meantime their court was still open, as no one but themselves could close it, and they have been drawing $5 a day apiece therefor. Judge Phillips has now released them all, two of them because their term of office has expired, and the third because the grateful public have elected him to the legislature. They are still under a fine of $500, but probably their friends will pay it. Such is the reward of virtue and obstinacy. The other two judges will probably run for Congress. Perhaps on the whole it is safer, if not more honorable, to run for office than to run from a mob; but we should need to be dreadfully scared before we would do either. NOVEL CRUELTY.— Not many months ago a wid ower of Allegany County, New York, married a widow of his own township. She had three children by her former marriage; he, two by his. Recently his wife upbraided him for praying for his own children, at family prayers, to the exclusion of hers. Discussion became warm, and the wife ordered the husband to repeat the service and make special mention of her

children in his petitions. He refused, and there upon she seized him by the hair by both hands, forced him down on his knees, and refused to let him up until he had prayed according to her instruc tions. The aggrieved husband has crossed the State line into Pennsylvania, and put up a petition there to be released from the marriage. He probably winds up with, " And your petitioner will ever pray." IDEM SONANS. — In our last number we made some remarks on the doctrine of idem sonans. Two cases in Texas now offer themselves for remark, in one of which it was held that a verdict is not bad be cause "aggravated" is spelled " aggrevated," and in the other that a verdict is not bad because " theft " is spelled " theift" and " penitentiary " is spelled " penitenture." The court in the latter case say : " It is well settled, where the sense is clear, that neither in correct orthography nor ungrammatical language will render a verdict illegal or void, and that it is to be reasonably construed, and in such manner as to give it the meaning intended tobe conveyed by the jury." This is much better than the holding by the same court, some years ago, that " fist " will not answer for " first " in a verdict of murder, it not being a case of homicide in a prize-fight. The same court had once held that " penitentilery " was good for " peni tentiary," but that " penty " would not answer there for. The silliest decision on this doctrine ever made was in Colorado, that " Fitz Patrick " would not answer for " Fitzpatrick," " Fitz " literally meaning "son." No PRACTICAL JOKING. — A very remarkable in cident occurred on the trial of a case recently in Chicago. The action was by a mother for damages by the death of her young daughter, caused by the defendant's negligence. Nine of the jury, after re tiring, signed and sent in to the court the following communication : — CHICAGO, ILL., Dec. 15. To the Honorable Court : We, the undersigned, jurors on the Brown-Linquist-Ryan case, most respectfully re quest you to furnish us the following : One case export beer, one quart McBrayer whiskey, one dozen Hass' ale, three decks of cards, one quart Old Pepper whiskey, one box Figaro cigars, dinner for twelve from the Sherman House.'"