Page:The Green Bag (1889–1914), Volume 10.pdf/392

 Cfje <§reen 38agPublished Monthly, at $4.00 per Annum.

Single Numbers, 50 Cents.

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. When Sir Thomas Dale reached Jamestown, Va., in May, 16 11, he found that the two brief months of Percy's (George) mild rule had already begun to bear ill fruit; men were playing at bowls in working hours, quite oblivious of plant ing and hoeing. To meet the occasion, a searching code of laws had already been sanctioned by the company. In this code several capital crimes were specified. Among them were failure to attend the church services, or blaspheming God's name, or speaking "against the known articles of the Christian faith." Any man who should "unworthily de mean himself " toward a clergyman, or fail to "hold him in all reverent regard," was to be thrice publicly whipped, and after each whipping was to make public acknowledgment of the heinousness of his crime and the justice of the pun ishment. Not only to speak evil of the King, but even to vilify the London Company, was a treasonable offence, to be punished with death. Other capital offences were unlicensed trading with the Indians, the malicious uprooting of a crop, or the slaughter of cattle or poultry without the High Marshall's permission. For remissness in the daily work various penalties were assigned, and could be inflicted at the discretion of a court martial. One of the first results of this strict discipline was a conspiracy to overthrow and perhaps murder Dale. The principal leader was that Jeffrey Abbott who accompanied Smith on his last journey to Werowocomoco. The plot was detected, and Abbott and five other ring leaders were put to death in what the narrator calls a " cruel and unusual " manner, using the same adjectives which happen to occur in our Federal Constitution in its prohibition of barbar

ous punishments. It seems clear that at least one of the offenders was broken on the wheel, after the French fashion; and on some other oc casion a lawbreaker " had a bodkin thrust through his tongue and was chained to a tree till he per ished." But these were rare and extreme cases; the ordinary capital punishments were simply hanging and shooting, and they were summarily employed. FACETS. "Prisoner, the jury has declared you guilty." "Oh, that's all right, judge; you're too intelli gent a man, I think, to be influenced by what they say." "It strikes me, Mr. Brief," said Mr. Dogway, "that your charge of $750 for this opinion is pretty steep." "No doubt," said Mr. Brief. " But you see, Dogway, when you come and ask me for an opinion which violates all my convictions, you've got to pay not only for your law, but for my con science." Lawyer.— "Madam, I cannot bring your suit until you have acquired a residence here." Client. — " But I acquired a residence here two years ago. Must I do it over again every time I want a divorce?"

Lawyer. — " You have an excellent case, sir." Client. — " But a friend of mine said he had an exactly similar case, and you were the lawyer on the other side, and you beat him." Lawyer. — " Yes, I remember that; but I will see that no such game is played this time." It is said that a witty English judge, in sen tencing a Jack-the-hair cutter who went around cutting off little girls' back hair, gave the con victed man a long lecture on the crime of what he called " cliptomania." 361

A

h.