Page:The Green Bag (1889–1914), Volume 08.pdf/551

 508

In making a motion for the postponement of a case, the attorney suggested that a certain date be fixed; unless, he added, "Your Honor will be full on that day." " I shall not be," answered the Court in a dignified tone; " I'm never full; you'll always find me sober." " What I meant to say, Your Honor," interrupted the attorney, "was, unless the Calendar will be full."

Years ago, while a court in one of our southern states was engaged in a criminal trial,the prisoner managed, to elude the attention of his guard, and by slipping out of a window that was handy, actually effected his escape. Colonel R. being asked what he thought of it, squirted out the usual quantity of tobacco-juice, and remarked, "He acquitted himself well."

NOTES.

The Green Bag has recently published several articles on the jury system. A recent trial in Massachusetts illustrates the uncertainty of its decisions. A lady brought a suit against the estate of a wealthy man, claiming the payment of notes to a large amount which she said had been given her by the deceased. She was not a relative, but was closely connected with him by marriage, had been maintained by his generosity, and had been provided for in his will. The deceased had been a careful, close, business man, and no good reason could be assigned why he should have given these notes to the plaintiff, and the general verdict of the community was against her claim. There were three disagree ments by juries. At the last of these, one of the jurors stated to the writer, that in their action on the case, the votes had been all the way from eleven in favor of the plaintiff to eleven against her. One of the jurors was from the same town, and stated to his fellow-members that under no circumstances would he decide against her.

The English judges live long. Lord Esher is eighty; Mr. Baron Pollock, seventy-two; and Justices Lindley, Lopes, Chitty, Wills, North, and Mathew are all over sixty- five. The aggregate ages of sixteen of the judges is 1,127, or an average of 70.

Counsel for the defendant, arguing for one who had been found guilty of murder in an affray resulting from the refusal of the deceased either to apologize or to fight a duel (Cavanah v. State, 56 Miss. 303, 1879) : " No attractive civilization can exist without the presence of a courageous manhood disciplined by the teachings of the Christian era. Sow the State down in the salt of humility and submission demanded by the ver-• diet in this cause, and no green thing of her for mer proud civilization will remain. Instead of standing upon the pyramid of her sunlit history, kindling into enthusiasm the patriotism and love of her children, we shall behold her become unfit for the conditions of peace or war, and among her sister States wearing the robe of a pitiable social and political emasculation." An English custom of not so long ago was to hang smugglers on gibbets arranged along the coasts, and then tar the bodies that they might be preserved a long while, as a warning to other culprits. As late as 1822 three men thus var nished could have been seen hanging before Dover castle, says the Pittsburgh Dispatch. Sometimes the process was extended to robbers, assassins, incendiaries and other criminals. John Painter, who fired the dockyard at Portsmouth, was first hanged and then tarred in 1776. From time to time he was given a fresh coat of varnish, and thus was made to last nearly 14 years. The weird custom did not stop smuggling or other crime, but no doubt it worked some influence as a preventive. The law students of Potsdam, N.Y., have organized a club for the purpose of preparing themselves for the bar examinations next year. The organization was perfected at a meeting recently held in the law offices of Hon. John G. Mclntyre. It was decided to call the organiza tion The Green Bag Club, not only because of the traditions clustering about the green bag itself, but in recognition of the publication of that name with which the members have become familiar while students in various university law schools. The club holds semi-weekly meetings. The members of the bar have kindly consented to quiz the members of the club and to address them on various legal subjects each week during the winter.