Page:The Green Bag (1889–1914), Volume 16.pdf/459

 410

"And God help this honorable court and these United States." The judge did not notice the alteration, although most of the auditors did. After wards the matter was reported to the court by the clerk. "Oh," said the judge, "since he did not say 'And God. damn this honorable court,' it is all right." Two peculiar sentences have recently been pronounced in State court for criminal of fences. Allen Brown, a Texas negro, con victed of attempted criminal assault, was sentenced in the district court of Cherokee county to 1,000 years in the penitentiary. If his time is reduced two months a year for good behavior Brown will be a free man in A. D. 2738. California furnishes the other instance. John H. Wood, leader of the con victs who escaped from the Folsom peniten tiary last summer and who is now serving a life sentence, was recently convicted of mur der in the second degree. Judge Hart did not impose another punishment, but ordered the prisoner to appear loo years from that date to receive sentence.

ing a recognizance. After long and diligent search, with the aid of the parties and wit nesses, a form entitled "recognizance" was found in the vagrancy act. Cuppy, being but an indifferent scribe, invited the defend ant, who had some education, to write the instrument, which he forthwith set himself to do. He soon came to the words "John Doe and Richard Roe" in the form and sug gested to the 'squire that they did not seem to fit the case. Cuppy deliberated seriously for a spell and then decided. "Them words is in the law. I didn't make the law an' I didn't put 'em thar. Ef it ain't right 'tain' my fault. You jest copy that thing like it's printed." So John Doe was bound over to appear at the next term of court at Winchester to stand his trial for vagrancy on the charge of Richard Roe. The fictitious names of sure ties employed in the printed form were sol emnly written down and Brown went home. Having written the document himself Brown felt bound by it and in due season appeared for trial, but whether for his own vagrancy or that of the dog does not appear in the record.

MOST Indiana lawyers during the past sev enty years have heard the story of Cuppy's recognizance, but the tale has not travelled far out of the State, and, especially since it possesses the merit of truth, it is worthy of perpetuation in a wider field. When, in 1835, Salamonie township in Jay, then Randolph county, was organized, one Henry H. Cuppy was chosen to sit as the local 'squire. His first case was about a dog. William Bunch had been offended by Philip Brown's dog and brought an action to require the owner to make the animal, which was reputed to be cross, keep the peace. Brown was arrested and brought to the mag istrate's log cabin in the woods for a hear ing. He admitted the charge, the law was laboriously examined, and an order was en tered that the defendant should be bound over to the higher court. But now the judge was in a great dilemma, for there fell upon him the necessity of draw

A STOKY is told of an eminent lawyer re ceiving a severe reprimand from a witness whom he was trying to browbeat. It was an important issue, and in order to save his cause from defeat it was necessary that the lawyer should impeach the witness. He en deavored to do it on the ground of age, in the following manner: "How old are you? asked the lawyer. "Seventy-two years, replied the witness. "Your memory, of course, is not so bril liant and vivid as it was twenty years ago, is it?" asked the lawyer. "I do not know but it is," answered the witness"State some circumstance which occurred, say twelve years ago,'' said the lawyer, "and we shall be able to see how well you can re member.'' "I appeal to your Honor," said the wit ness, "if I am to be interrogated in this man ner; it is insolent!"