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THE GREEN BAG

THE LIGHTER SIDE Expert Testimony. — One Rhad pro cured a liquor license from a Montana county treasurer, without the petition required by law to be filed for licenses of this sort in small mining camps. Under an application for a writ of certiorari the action of the treasurer, in issuing the license, was declared illegal, by the District Court. A petition was made to the Supreme Court for a writ, reviewing the action of the District Court, but the writ was denied. R continued to sell liquor, acting under advice of counsel that the judgment of the District Court was not regular. An informa tion was filed against him in the Justice Court, charging him with selling liquor without a license. In the course of his defense, R 's attorney put on the stand another attorney who qualified as an expert by testifying that he had farmed and practiced law for twenty-five years and was well versed in the law. He was then shown the judgment of the District Court, and asked his opinion as to whether or not it was the proper judgment to render in the case and expressed the opinion that it was not. The jury were evidently impressed, for they found the defendant not guilty, although he admitted the sale of liquor, and the judgment annulling the license was proved. As an original and simple method of over ruling a superior court, this use of expert testi mony should appeal to those lawyers who frequently find cases contra to their theory of a case. It is particularly recommended for use in justice's courts. One Juror. — " Some years ago while I was residing at Visalia," remarked Attorney Wil liam H. Alford, " I was called to Hanford to defend a petty offender in a Justice's Court. The defendant had demanded a jury trial, and we put in half a day trying to get a jury, only to find out at the end of that time that we had one lone juror in the jury box. "' Well, I'm willing to try the case with one juror,' said the attorney for the prosecution. "' So am I,' I declared. "And we proceeded with the trial. The arguments were howlingly funny, for the reason that the attorney for the prosecution persisted

in addressing the lone juror as ' gentlemen of the jury,' and I succeeded in swelling the jury with a feeling of pride and satisfaction by some timely comment on the self-evident honesty, intelligence, and integrity of the body. I really thought I had that lone juror won. Then the constable led him out to the jury room where he might deliberate with himself. In twenty minutes the jury returned with the announcement that no agreement could be reached. "' What! ' thundered the justice of the peace. ' You get back there again and reach a verdict.' "The jury was out twenty minutes more. ' The jury disagrees,' was the announce ment when the court asked the lone juryman if he had arrived at a verdict. ' You see, it's like this,' he went on to explain. ' When I consider the testimony of one side I want to find the defendant guilty, and when I consider the testimony of the other witnesses I want to discharge him. I can't agree with myself.' "And the jury was discharged." — San Francisco Chronicle. Delay Appeared Dangerous. — The most amusing incident that " Ike " Glidden had in his early experiences as a lawyer was when a man from Centreville returned a letter un opened. " Ike " had a store bill against this individual for collection, and wrote him such a letter as lawyers usually send out. demand ing immediate payment, and the letter was inclosed in an envelope with the customary printing on the envelope, " If not delivered within ten days return to Isaac Glidden, Blue berry Falls, Me." The man had not been accustomed to re ceive much mail matter, and the fact of a lawyer's letter coming to his address almost caused him an attack of nervous prostration, and he was afraid to open it, because it had not reached him within ten days of the date of the postmark. He hurriedly carried it back to " Ike " un opened, as if there might be a penalty for the delay in not returning it within the ten days. When he entered the office he said: " Yer honor, I've been in the woods, bark-peeling