Page:The Green Bag (1889–1914), Volume 10.pdf/482

 €t)e #mn BagPublished Monthly, at $4.00 per Annum.

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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. "THE GREEN BAG."

Evansville, Ind., Sept. 6, 1898. The Editor of the Green Bag : — Dear Sir, — Apropos of your article, " Legal Antiquities," in the June number, I wish to quote from an ordinance of our city (Evansville, Ind.), passed in 1859, an^, so *ar as I know, still in force : — ". . . . And it shall not be lawful for any person or persons to purchase or sell, or to make any con tract or agreement for the purchase or sale of any meat, vegetables or other provisions or marketings .... previous to the opening of said markets by the Market-master; nor shall it be lawful for any person .... to purchase any article .... at said markets, during market hours, for exportation or re-selling, nor shall any person .... sell or offer for sale at said markets any article .... which such person .... may have purchased or forestalled, at any place, while on the way to, or designed or intended for either of said markets. ..." A severe penalty is provided. Respectfully, Theop. J. Moll. Atlantic City, N. J., Sept. 9, 1898. Editor of the Green Bag: — Irving Browne's article in September Green Bag, on " Practical Jokes," calls to mind an ex tremely amusing incident which took place in the trial of Wartman v. Swindell, 54 N. J. L., 589, quoted at page 380. John W. Wartman was a member of the Cam den County Circuit until recently, when he was disbarred by the Supreme Court for unprofes sional practices. In size he was very short and corpulent, and in disposition quite loquacious, and inclined to spread himself in argument. During Circuit he was accustomed to drive into Camden, hitch his horse in front of the Court House, and go inside to attend to his business.

On this occasion he found some one had taken the reins from his horse, and consequently poor stumpy, fat John was seen by his fellow members of the bar stumping down Market Street in the broiling sun, with perspiration streaming from every pore, and his horse and buggy trailing slowly behind. This offended his dignity; it was actionable; and, being somewhat of an expert in damage cases, the above suit resulted. Verdict for the defendant. Error to the Court of Errors and Appeals. Case sent back for trial dc novo. At the new trial, defendant was not repre sented, and took no part in the trial; in fact, I do not think he was present in court. After Wartman had put in his case, Justice Garrison looked inquiringly around, but seeing no move ment on the part of anyone representing the de fense, he directed Wartman to proceed with his argument. After Wartman had concluded, and the justice was about to make his charge, Col. James M. Scovel, a local celebrity only rivaled by John J. Crandall, of the same circuit, arose, and, in an off-hand, indifferent and apparently disin terested manner, asked the indulgence of the court for a few words in behalf of the defendant. It was granted. Only as Scovel could do, he said : " Gentlemen of the jury : This plaintiff has been grievously injured. He is entitled to dam ages. Just think! What has he lost? Why, gentlemen, he has lost his time! He has lost his reins! and, yes, gentlemen, he has lost his breath! He is entitled to damages, I say. (A pause.) May be as much as seventy-five cents, but what do you say to fifty cents?" Amid hearty laughter he sat down. The jury retired, and returned in a few minutes with a verdict of thirty-seven and a half cents in favor of Wartman. W. W. C. FACETIÆ. "Talking about neckties," gayly remarked the Western sheriff, as he deftly arranged the noose, "here's something that is perfectly killing." 447