Page:The Green Bag (1889–1914), Volume 06.pdf/576

 Ct)e #reen BagPublished Monthly, at $4.00 per Annum.

Single Numbers, 50 Cents.

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 inter est to the profession; also anything in the way of legal antiquities or curiosities, facetice, anec dotes, ete. THE GREEN BAG. Editor of the " Green Bag." IN your July number, p. 346, in reporting that the British lion has been held by John Bull's Court of Appeals not to be a " domestic animal," Mr. Browne referred to the Bird of Freedom as domestic. But he omitted to give his authority. Please now amend by adding the proper " reference," namely : See 8th Wiscon sin, " Old Abe's Case." Critic.

LEGAL ANTIQUITIES. It was a peculiar feature in the trials at Athens, that they were divided into two classes, assessed ( T</xrjToi ) and non-assessed ( dr</xT/ro<). In the former, if the case was in the nature of a civil action, the plaintiff laid his damages at a certain amount; or if it was a criminal case, the prosecutor named a certain penalty to be paid by the accused. The Court then, after hearing the evidence, gave judgment simply for or against the defendant, and if their verdict was unfavora ble, provided it was not a capital case, he was allowed himself to name the punishment or pen alty, which he thought ought to be inflicted upon him. Afterwards the dicasts voted a second time, and decided whether the original penalty or the one proposed by the defendant, or even, in some cases, one differing from both, should be finally adjudged.

FACETIÆ. In the early days of Indiana, John B. Chapman was state's attorney for all the region north of the Wabash River. He was not an Erskine, nor

a Choate, nor a Webster, nor the equal in learn ing of some other great lawyers who might be mentioned; but his eloquence before a jury was something extraordinary. On the trial of an as sault and battery 'case, Cooper, for the defendant, went out of his argument to allude in terms of severity to the district attorney, provoking his wrath and causing him to retaliate, in his closing speech to the jury, in this style : — "Gentlemen of this ere jury! The day is coming when the heavings and the yearth shall be rolled together like a scroll! — aye, gentlemen, when they shall be lit into a blaze by the breath of God Al mighty Jehovah! — aye, gentlemen, when the angel Gabriel shall knock time out of eternity and I shall stand before you a solitary and eternal monument of myself." Judge John D. Ellis, the well-known Bellevue ( Ky. ) attorney, tells the following good story on himself, which goes to prove the genuineness of pure rural nerve, still flourishing, it seems, in some out-lying districts. One of the judge's farmer friends called at the Bellevue office a short time ago and submitted a complicated case as to the ownership of some fence rails. After spending nearly two hours in consultation the judge announced the case was a winning one if properly handled. " Well, J'm much obliged, Judge," said the farmer, making for the door; "I'll go and hire a lawyer," and away he went to the office of another attorney before Mr. Ellis could locate his shotgun and get quick revenge.

At a Circuit Court in Chenango County, N.Y., a slander suit was on trial. A very candid appearing witness testified to the speaking of the words charged. Counsellor H., an excitable at torney, cross-examined the witness fully without shaking his testimony. At last with emphasis he put the question : •—. "Witness, you are not on friendly terms with my client here, are you?" 537