Page:The Green Bag (1889–1914), Volume 07.pdf/62

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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. A Happy New Year to All! THE GREEN BAG. SEND in your remittance for The Green Bag for 1895 promptly, and receive, free of charge, the fine photogravure picture of The Supreme Court of the United States. LEGAL ANTIQUITIES. The following description of a court scene in 1 761 (given by the first President Adams), on the occasion of the application for " Writs of As sistance," presents a vivid picture of the Court and Bar of that day : " In this chamber near the fire were seated the five judges, with Lieutenant Governor Hutchinson at their head, as Chief Justice, all in their new, fresh robes of scarlet English cloth, in their broad bands and immense judicial wigs. In this chamber were seated at a long table all the barristers of Boston and its neighboring County of Middlesex, in their gowns, bands, and tie-wigs. They were not seated on ivory chairs, but their dress was more solemn and more pompous than that of the Roman senate, when the Gauls broke in upon them."

perfected, it was assigned for argument, and Brother Kiker arose and read his motion for new trial, basing it entirely upon the fact that the jury had found contrary to the Judge's charge. Said Judge Underwood after the charge was read, "Brother Kiker, did I charge that?" "Yes sir, you did, and you have so certified, and the jury found for the defendant," said Col. Kiker glee fully and triumphantly, thinking there was no thing to do but take an order setting aside the verdict. " Well then, Brother Kiker," said the Judge, " if I charged that in this case, and the jury found against it, all I have got to say is, that that jury had more sense that I did, and I con gratulate them that their good sense went to such an extent as to prevent them being mislead by the Court into a wrong verdict. I don't care to hear from the other side, I over-rule the motion for new trial." A New York man pleaded in his petition for divorce that " the defendant would not sew on this plaintiff's buttons, neither would she allow him to go to fires at night." The court decided that the plaintiff was entitled to a decree on the ground that his oppression was cruel and inhu man. — Ex.

FACETIÆ. Judge Underwood of Georgia, like other judges, sometimes gave charges to juries which were not the product of reflection. On one oc casion he was presiding at Calhoun, in the Cher okee circuit, for a brother judge, his own circuit being the Rome circuit. A case of some little consequence was being tried before him, Col. E. J. Kiker representing the plaintiff. The Judge adopted fully Col. Kiker's view of the case, and so charged the jury. The jury, however, took a different view and returned a verdict squarely in the teeth of the charge. Brother Kiker im mediately moved for a new trial, of course having the greatest confidence that it would be granted. Several days thereafter, the motion having been

Lord Coler1dge was at Mount Vernon with Mr. Evarts, and talking about Washington, said : "I have heard that he was a very strong man physically, and that, standing on the lawn here, he could throw a dollar right across the river to the other bank." Mr. Evarts paused a moment, to measure the breadth of the river with his eye. It seemed rather a " tall " story, but it was not for him to belittle the Father of his Country in the eyes of a foreigner. "Don't you believe it? " asked Lord Coleridge. "Yes," Mr. Evarts replied, " I think it's very likely to be true. You know a dollar would go farther in those days than it does now." 41