Page:The Green Bag (1889–1914), Volume 10.pdf/574

 IVit and Wisdom of Chief Justice Logan E. Bleckley. the gods and goddesses, but makes none with men." — Forrester v. State, 63d Ga. 350. "Indeed, it is always probable that something improbable will happen." — Warren v. Purtell, 63d Ga. 430. "The name of this young Mr. Peabody has had quite a struggle to get a correct standing on the record and retain it. I do not profess to be altogether certain, even now, of the precise name which he bears; but the land is his." — Murphy v. Peabody, 63d Ga. 526. "If I could be reinforced here by the votes, as I am by the opinions of the supreme judicial court of Massachusetts and the court of appeals of New York, I could easily put my brethren in the minority; but as it is they are two against one, and I have no option but to yield to the force of numbers — in other words to ' the tyranny of majorities.' Though twice beaten I am still strong in the true faith, and am ready to suffer for it (moderately) on all proper occasions." — Dodd v. Middleton, 63d Ga. 639. "When I was a solicitor-general, nothing in my experience struck me with more force than that, term after term, in each county of my circuit, I met substantially the same body of people who had connection with the criminal docket — the same array of prosecutors, defendant and wit nesses. Here and there a new man would come in, and occasionally a prosecutor would become a prosecuted, and vice versa, and the witness class would sometimes disintegrate and mix up with the other two; but my intimates were, and continued to be for four years, very much the same individuals. They were my regular customers." — Davis v. Macon, 64th Ga. 136. "There are so many Hawks in the facts of this case, that the air is a little darkened. Only two of them need fix our attention; these are George F. and Warren." — Hawks v. Hawks, 64th Ga241.

"Non-suit is a process of legal mechanics; the case is chopped off. Only in a clear, gross case is this mechanical treatment proper. When there is any doubt another method is to be used — a method involving a sort of mental chemistry; and the chemists of the law are the jury. They are supposed to be able to examine every mole cule of the evidence, and to feel every shock and tremor of its probative force." — Vickers v. A. & W. R.R., 63th Ga. 308.

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"The point appears here in its virgin state, wearing all its maiden blushes, and is therefore out of place." — Cleveland v. Chambliss, 64th Ga. 359" It looks too military for a judge to sit in his chambers and there call before him the heads of families and order them peremptorily to do thus and so in the way of furnishing support to their wives and children, though living apart from them, until a suit of some sort has been insti tuted in some court, either of law or equity. We think the statute does not contemplate anything so anomalous in time of peace, and we cannot construe it as a war measure." — Yeomans v. Yeomans, 77th Ga. 125. "In the house, hog bones, in the garden, hog hair, hog entrails, hog meat buried in the earth, refusal of the occupant of premises to permit a search without legal warrant, his abrupt depar ture from home whilst the warrant was being pro cured, his flight or retreat to a point more than fifty miles distant, and his continuous absence until arrested and brought back for trial, are strongly suggestive of a suspicious intercourse on his part with some hog or other. The jury were of opinion that it was the hog described in the indictment; and as he was a near neighbor to that hog, and as it disappeared about that time and its owner went in search of it as a stolen hog, and as the hair and the meat found buried in the garden looked like the hair and meat of that hog, it is highly probable that the jury were not mistaken." — Stevens v. State, 77th Ga. 311. "Having thus ascertained that the case tried was the main bill, and it alone, we are prepared to rule on the motion made to dismiss the writ of error, our decision upon which was reserved until after the whole case was argued because of the bewildering intricacy of the amendments, orders, exceptions, etc., etc., the record being a swarming hive of professional industry and fecund ity. Until this record came before us, we had no adequate conception of our brother Miller's energy; and he doubtless will never have any conception whatever of the torture which his energy has cost the writer of this opinion, whilst he, the writer, was supposed to be taking his ease in the romantic wilds of upper Georgia. A skeleton in one's closet is nothing to such a record in one's trunk in full view of the moun tains." — Fouche v. Harrison, 78th Ga. 406.