Page:The Green Bag (1889–1914), Volume 11.pdf/374

 Ctje #rem Bag. Publ1shed Monthly, at $4.00 per Annum.

S1ngle 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 reeeive eontributions of artieles of moderate length upon subjeets of inter est to the profession; also anything in the way of legal antiquities or euriosities, faeetia, anee dotes, ete. LEGAL ANTIQUITIES

FACETIÆ. A western exchange said, " Ignorance of the law excuses no one." A Rochester paper com menting on the same, said, " If it were a crime to be ignorant of the law, we know several members of the Rochester bar who would be in jail."

In an English newspaper of the date of Janu ary 16, 1797, appears the following: "John Hetherington, haberdasher, of the Strand, was arraigned before the Lord Mayor yes terday on a charge of breach of the peace and inciting riot, and was required to give bond in the sum of 500 pounds. It was in evidence that Mr. Hetherington, who is well connected, ap peared upon the public highway, wearing upon his head what he called a silk hat (which was offered in evidence), a tall structure having a shiny lus tre, and calculated to frighten timid people. As a matter of fact, the officers of the Crown stated that several women fainted at the unusual sight, while children screamed, dogs yelped, and a young son of Cordwainer Thomas, who was returning from a chandler's shop, was thrown down by the crowd which had collected, and had his right arm broken. "For these reasons the defendant was seized by the guards and taken before the Lord Mayor. In extenuation of his crime defendant claimed he had not violated any law of the kingdom, but was merely exercising a right to appear in a headdress of his own design — a right not denied to any Englishman."

Another paper of the same date (January 16, 1797), in commenting on Mr. Hetherington's appearance, said : "In these days of enlightment it must be con sidered an advance in dress reform, and one which is bound, sooner or later, to stamp its char acter upon the entire community. The new hat is destined to work a revolution in headgear, and we think the officers of the Crown erred in plac ing the defendant under arrest." 345

Some time back one of the judges, whose salaries were, by the act, to be paid out of the fees, seeing that the whole amount was absorbed by the chief, observed to an associate on the bench : "Upon my word, R, I begin to think that our appointment is all a matter of moon shine." "I hope it may be so," replied R, "for then we shall soon see the first quarter." The same humorous judge had listened to a long argument on a particular case in which the counsel rested much upon a certain act of Parlia ment. His opponent replied : "You need not rely on that act, for its teeth have been drawn by so many decisions against it that it is worth nothing." Still the council argued on, and insisted on its authority; after listening to which for a good hour, his lordship drily remarked : "I do believe all the teeth of this act have been drawn, for there is nothing left but the jaw."

"You know Schneider, the bottler, who re cently became a magistrate? " "Yes." "Well, he discharged a prisoner yesterday who was charged with stealing a dozen bottles of beer." "So?" "Yes; Schneider said that wasn't enough to make a case."

It was in a Duluth court, and the witness was a Swede who, perhaps, was not so stupid as he seemed to be. The cross-examining attorney was a smart