Page:The Green Bag (1889–1914), Volume 15.pdf/496

 Rh to little Lemuel he pulled out the bottom slice, which was kept hot by the hot plate beneath and the pile of tost above. His mother reproached him quite sharply. "You must not do that Lemuel. Suppose every body were to do that?" "Then everybody would get a bottom slice," answered the wise urchin. Of Judge Theron Metcalf—"the most in teresting and racy character among our old judges"—Senator Hoar says: He was, so far as I know, never known to invite any of his brethren upon the Bench or of the Bar to visit him at his house, with one exception. One of the judges told me that after a hard day's work in court the judge sat in consultation till between nine and ten o'clock in the evening, and he walked away from the court-house with Judge Metcalf. The judge went along with him past the Tremont House, where my in formant was staying. As they walked up School street, he said: "Why, Judge Metcalf, I didn't know you went this way. I thought you lived out on the Neck somewhere." "No. sir," said Judge Metcalf, "I live at number so-and-so Charles street, and I will say to you what I heard a man say the first night I moved into my present house. I heard a great noise in the street after mid night, and got up and put my head out the window. There was a man lying on the sidewalk struggling, and another man, who seemed to be a policeman, was on top of him holding him down. The fellow with his back to the ground said: "Let me get up, d you.' The policeman an swered: 'I sha'n't let you get up till you tell me what your name is and where you live.' The fellow answered, 'My name is Jerry Mahoncy, d you, and I live at No. 54 Cambridge street, d you, where I'd be happy to see you, d you, if you dare to call.' " That was the only instance known to his judicial brethren1 of Judge Metcalf's inviting a friend to visit him. He used to enliven his judgment with re marks showing a good deal of shrewd wis dom. In one case a man was indicted for

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advertising a show without a license. The defendant insisted that the indictment was insufficient because it set out merely what really was. On which the Judge remarked : 'The indictment sets out all that is neces sary, and, indeed, all that is safe. The show often falls short of the promise in the show bill." There was once a case before him for a field-driver who had impounded cattle under fhe old Massachusetts law. The case took a good many days to try, and innumerable subtle questions were raised. The Judge r began his charge to the jury: "Gentlemen of the jury, a man who takes up a cow stray ing in a highway is a fool." Another time there was a contest as to the value of some personal property which had been sold at auction. One side claimed that the auction sate was a fair test of the value. The other claimed that property that was sold at auction was generally sold at a sacrifice. Metcalf said to the jury: "Ac cording to my observation, things generally bring at auction all they are worth, except carpets." Of Judge Fletcher this story is told: A lawyer from the country told me one day that he had just been in Fletcher's of fice to get his opinion. While he was in the office, old Ebenezer Francis, a man said to be worth $8,000,000, then the richest man in New England, came to consult him about a small claim against some neighbor. Fletcher interrupted his consultation with my friend and listened to Mr. Francis' story. In those days, parties could not be witnesses in their own cases. Fletcher ad vised his client that although he had an ex cellent case, the evidence at his command was not sufficient to prove it, and advised against bringing an action. Francis, who was quite avaricious, left the office with a heavy heart. When he had gone, Fletcher turned to my friend and said: "Isn't it pitiful, sir, to see an old critter, wandering about our streets, destitute of proof?"
 * .he show purported to be, and not what it