Page:The Green Bag (1889–1914), Volume 21.pdf/56

 The Legal World THE JUDGE'S FIRST CASE In the early days of Minnesota, according to Harper's Magazine, a man named Johnson was elected justice of the peace in a little town. He pretended to no judicial attain ments, and was elevated to the place solely because he was the oldest man in the com munity. The first case which came before him was that of a man charged with stealing a calf. Justice Johnson was conscious of his legal inexperience, so as much as possible to avoid the scrutiny of the public he put down the hearing for the next morning at seven o'clock. This was so early that when the time arrived the Prosecuting Attorney was not on hand, and his honor faced only the Sheriff and the prisoner and his lawyer. "Gentlemen, you will please come to order," said the Court, thumping on the table with his fist. The lawyer arose and said : "Your honor, I represent the prisoner in the case. This is the hour at which the court

43

was announced to open, and as the Prosecut ing Attorney is not present, as he ought to be, I desire to make a motion that the prisoner be discharged." The judge fidgeted about a moment and then said: "Gentlemen, it is moved that the prisoner be discharged." The lawyer nudged his client vigorously with his elbow. "I second the motion," blurted out the prisoner. "Gentlemen, you have heard the motion," said the Court. "As many of you as are in favor of it signify by saying 'aye.'" "Aye," called out the lawyer and the prisoner. "Contrary minded, 'no.'" "No," shouted the Sheriff. "The 'ayes' have it. The prisoner is dis charged. A motion to adjourn is in order." The lawyer responded with the motion, the prisoner with the second, and Justice John son's first term of court was a thing of the past.

The Editor will be glad to receive for this department anything likely to entertain the readers of the Green Bag in the way of legal antiquities, facetia, and anecdotes.

The Legal Maurice Untermyer, a member of the New York law firm of Untermyer, Guggenheimer & Marshall, the personal counsel of several of the largest brokers in Wall street, died December 29 of heart disease. His brother, Samuel Untermyer, is senior member of the law firm with which for twenty years he had been connected as a junior member.

The Boston Bar Association voted at a meeting held January 9 to send a committee of five members to wait upon Congress and favor the passage of the Senate bill for the increase of the salaries of United States Circuit Court judges to $10,000 a year and District Court judges to $9000. The Asso ciation adopted a resolution urging more fre quent examination of property in the care of

World

trustees by beneficiaries themselves or by some competent persons in their behalf. James B. Whitfield was on January 5, 1909, chosen for the second time Chief Justice of the Supreme Court of Florida. Judge Whitfield was first appointed to the bench in 1904 to fill a vacancy. Since then he has been twice elected. In January, 1905, he was chosen Chief Justice, but as his com mission under the appointment expired in June of that year, he was Chief Justice only five months. He will now be Chief Justice until 1913. Prior to his appointment to the Supreme Bench he had been Clerk of the Supreme Court, County Judge, State Treas urer and Attorney-General of the State. He is a native of North Carolina, but has spent most of his life at Tallahassee, Florida.