Page:The Green Bag (1889–1914), Volume 09.pdf/162

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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. 77;« 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, facéties, anec dotes, etc. LEGAL ANTIQUITIES.

PERHAPS the two most remarkable instances of judicial combat upon record are the following, which took place in Spain in the eleventh century : Alphonse, King of Leon and Castile, in the year 1038, meditated the introduction of the Roman law into his dominions; but being uncertain whether this or the customary law which had hitherto prevailed was the best, he appointed two champions to determine the question with their swords in actual conflict; and the result was that the chevalier who represented the civil law was beaten. During the reign of the same monarch, the question was agitated whether the Musarabic or Roman liturgy and ritual should be used in the Spanish churches; and the decision was referred, as in the former case, to the sword. Two knights in complete armor entered the lists, and John Ruys de Matanca, the champion of the Musarabic, /. e. Gothic ritual, was victorious. The queen and archbishop of Toledo, however, were dissatisfied with the result, and they had influence sufficient to have the matter submitted to a different kind of ordeal. A large fire was kindled, and a copy of each liturgy was thrown into it. The Musarabic (perhaps being bound in some species of asbestos) stood the test, and remained unscathed, while the rival volume perished in the flames. But it is not easy to convince an opponent in a theological controversy, and because it was discovered, or asserted, that the ashes of the latter had curled to the top of the flames and leaped out of them, the victory was claimed for the Roman ritual. The result was that both liturgies were sanctioned; but as the Roman was chiefly favored, it gradually superseded its competitor.

FACETIÆ.

MAGISTRATE : " The gamekeeper declares that he saw you taking this pheasant. What have you to say to that?" Prisoner: " I only took it for a lark." Magistrate: "Six months for making such an ornithological error. Consult your natural his tory in future." JUDGE CLOUD, of North Carolina, in sentencing a prisoner to death, solemnly adjured him to look to the Supreme Being for support, for " He has said, ' Come unto me, you who are heavily laden, and — and — and — / will do the best I can for you,' "— here, seeing the Bar was attentive, he covered his retreat by adding, " or words to that effect, for the Court is not accurate on Scripture."

IT was before an Irish trial justice : The evi dence was all in, and the plaintiff's attorney had made a long, eloquent, and logical argument. Then the defendant's attorney took the floor. "What you doing? " asked the Justice, as the lawyer began. "Going to present our side of the case." "I don't want to hear both sides argued. It has a tindincy to confuse the Coort." So the defendant's lawyer sat down.

LUCAS S. BEECHER, a prominent lawyer in Ohio some years ago, toward the end of his professional career became somewhat hard of hearing. A farmer who lisped called at his office one day to employ him to bring an action against a railroad corporation to recover damages for negligently killing some of his pigs. Mr. Beecher understood the farmer to claim that the company had killed three thousand of them, and said to the client in terrogatively : " Three thousand, and allât onefell swoop?" Whereupon the farmer shouted : "No! no! Good Heavens, no! Three thows and pigths." «37