Page:The Green Bag (1889–1914), Volume 09.pdf/498

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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. 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, facctia, anec dotes, etc.

LEGAL ANTIQUITIES. "ONE book," says Phillips, " well digested, is better than ten hastily slumbered over." — "Studii Legalis Ratio," p. 188. КАСЕТ1Ж.

"To me, I swear, you're a volume rare —" But she said, with judicial look, "Your oath's not valid at Common Law Until you've kissed the Book." — Life. A WITNESS who was very prolix, and tested the patience of the bench, jury, and even the counsel who had called him, was suddenly asked by Judge Joseph F. Daly, "What is your business? " He answered, " I lead the orchestra at a music hall." "I thought," responded the Judge, with a weary look at the court-room clock, " that you must be an expert at beating time." JAILER : Ha, here you are again! I thought your first punishment would have made you bet ter. PRISONER : So it did, but I wished to become still better. Ax Irish witness was being examined as to his knowledge of a shooting affair. " Did you see the shot fired?" the magistrate asked. "No, sorr. I only heard it," was the evasive reply. "That evidence is not satisfactory," replied the magistrate, sternly. " Stand down! " The wit ness turned round to leave the box, and directly his back was turned he laughed derisively. The magistrate, indignant at this contempt of court, called him back, and asked him how he dared to

liögh in court. " Did ye see me laugh, your Honor?" queried the offender. " No, sir, but I heard you," was the irate reply. " That evidence is not satisfactory," said Pat. And this time everybody laughed except the magistrate.

A SCOTTISH judge, Lord' Hermand, one of the band of pragmatical judicial ruffians who sat on the bench under the reign of the Dundases, de livered a celebrated ruling in the case of a young gentleman, who, when tried for " culpable homi cide," put in this defense : He and his friend had sat up drinking one night after the theater, and, in a quarrel, he had stabbed his companion to death. All the judges were for short imprison ment. But Hermand, who was a notorious drunkard himself, fiercely demanded transporta tion. " We are told," he croaked out in his judgment, " that there was no malice, and that the prisoner must have been in liquor. In li quor! Why, he was drunk! And yet he mur dered the very man he had been drinking with. My lords," he added, with tragic solemnity, if he will do this when he is drunk, what will he do when he's sober?"

NOTES.

THE mobs that kill negroes, and the communi ties that excuse the killers, are barbarous. The men engaged in the bloody work in Tennessee and Alabama are murderers, and should be hanged. If the communities permit them to go free, they are, to that extent, uncivilized com munities in which passion is superior to the law. The judge in Kentucky is worse even than the lay offenders, for he has studied the law, knows, if he does not feel, its spirit, and is sworn to ad minister it fairly, justly and thoroughly. Besides conniving at and encouraging murder, he has vio lated his oath, and if the community in which he lives were wholly fit to govern itself, he would be driven from the bench. 459