Page:The Green Bag (1889–1914), Volume 10.pdf/248

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Communications in regard to the contents of the Magazine should be addressed to the Editor, Horace W. Fuller, 344 Tremont Building, 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, facetia, anec dotes, etc. LEGAL ANTIQUITIES. In the early days of Virginia, it was enacted that "noe man shall disparage a mynister whereby the myndes of his parishoners may be alienated from him and his mynistrie prove less effectuall, upon payne of severe censure of the governor and councell." At the same time clergymen were warned against unseemly practices in terms so concrete as to raise a suspicion that such warning may have been needed. " Mynisters shall not give themselves to excesse in drinking or ryott, spending their tyme idelie by day or by night playing at dice, cards, or any other unlawfull game, but at all tymes convenient they shall heare or reade somewhat of the holy scriptures, or shall occupie themselves with some other honest studies or exercise, alwayes doinge the things which shall apperteyne to honestie and endeavour to profitt the church of God, having alwayes in mind that they ought to excell all others in puritie of life, should be examples to the people, to live well and Christianlie."

FACETIÆ. As judges and lawyers are fond of citing prec edents, here is one from the judicial annals of the English Commonwealth in Cromwell's time, when everybody of high or low degree was steeped to the lips in religious controversy. A fellow was up for sheep stealing. " Judge," said he, " it was ordained before the foundation of the world that I should steal that sheep." " Ex actly," said the judge, "and it was ordained before the foundation of the world that you should receive thirty lashes for doing it." In one of the western States, after the lawyers had finished their arguments, the justice of the

peace said : " I will take the matter under ad visement until Monday morning, at which time I will give judgment for plaintiff."

Some years ago, many farmers along the line of the Missouri, Kansas and Texas Railway brought suit against it, and engaged a young lawyer named Brown. Judge Gantt, who was presiding, was compelled to throw many of the cases out of court because they were so improp erly brought. Brown was mad all over. Swel ling with indignation, he arose and said : " Your honor, will you please tell me how it is possible in this court to get justice against a railroad company?" Judge Gantt quietly ignored the contempt of court shown by the lawyer and asked : " Do you wish an answer to that question, Mr. Brown?" " Yes, sir," defiantly replied the indignant lawyer; "yes sir," and I want to know how a farmer can get his case into this court so that it will be. heard." Judge Gantt smiled and said : " Well, first, Mr. Brown, I'd advise the farmer to hire a lawyer." Brown wilted.

A man came into the office of a young lawyer in a western city, and stated his case as follows : "I was walking along the street, and I had with me a dog — a very valuable dog he was very : Oh, he was a beauty — thoroughbred, you see. Well, sir, one of these here linemen was up on a telegraph pole, and do you know the feller got careless and let go, an' down he come, and by, sir, he killed that air dog." "Was the man himself killed?" "Well, I should say he was. Now what I want to know, young man, is, does the law give me any remedy against that air feller's widder for the value of the dog?"

Judge. — " Have you ever seen the prisoner at the bar?" Witness. — " Never, your Honor; but I have 223