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 The Editor's Bag an athlete the clear mind of a scholarly thinker and the executive ability of a mag netic and indefatigable organizer. His not able capacity was shown when, in the face of criticism that the scheme was impracticable, he drafted for the American Bar Association a Code of Ethics which has been adopted in many states and can be stated, on the best

of authority, to cover in some one of its canons every professional duty. The second

member of the group, Dr. Andrews, is a jurist

139

Legal progress cannot come about auto matically. Progressive legal development calls for patriotic and liberal benefactions even more truly than charity, science, and education. Here, in the proposed endow ment of a Foundation of Jurisprudence, rs an opportunity for the highest order of philan thropy, that which is constructive rather than simply remedial, which seeks by positive rather than by negative means to advance human happiness and welfare.

of remarkable powers of analysis, classiﬁca tion, and exposition, a master of the science

of jurisprudence, to the study of which he has devoted himself with great industry, having proved himself one of the great con structive legal minds of the age. The third, Dean Kirchwey of Columbia Law School, enjoys a national reputation as a teacher and writer, is a former President of the Asso ciation of American Law Schools, and is admirably qualiﬁed for editorial duties re quiring extensive knowledge of the work of the country's ablest law professors and writers, as well as of unquestioned ability

inithe teaching and exposition of the law. The undertaking could not be in safer hands. The failure which this plan would inevitably encounter were its realization to be made dependent upon commercial enterprise alone cannot be too strongly emphasized. On this point, such considerations as those brought out in Mr. Charles A. Boston's letter (see

pp. 115-116 supra) deserve particular atten tion. "The commercial element,” as he observes, “must be wholly eliminated if the work is to achieve the commanding inﬂuence which its designers contemplate and which its advocates solicit for it and foresee." Had Wilson, with his keen Scotch intellect and

excellent Scotch education-he was educated at the Universities of St. Andrews, Glasgow, and Edinburgh-been commissioned by a publisher to draft the great code which absorbed his profound and earnest thoughts, could an intellect of such lofty standards have found in such a commission anything but a hindrance to the achievement of its ambition? commercialism never yet founded great art or science, a great university, or a great state. Our future law-makers and statesmen will owe every honorable achieve ment to something higher than mere astute ness in forecasting a proﬁt and loss account. From a commercialized system of law, one left wholly to the mercy of matter-of-fact business demands, God save the statel

SEWARD'S DEFENSE OF FREEMAN W. CAPRON, writing recently in the “New York Tn'bune, from Asheville, N. C., recalls the interesting Freeman case:— l‘This man Freeman in the night murdered a whole family and sought a second family by the name of Godfrey. Excitement ran high; the cry for vengeance was strong. The late-W. H. Seward, then a young man, satisﬁed that the man was insane,

volunteered to

conduct the defense. It was a brave act, for he was threatened with personal violence. The noted John Van Buren, sometimes called ‘Prince John,’ then Attorney-General of the state, assisted the District Attorney in the prosecution. "The defense showed that the murder was without provocation or motive. It also called the superintendent of the Utica Insane Asylum, who declared on the stand that the negro was clearly insane. Van Buren in his cross-examination asked how he formed his opinion of insanity. He replied from con ver .ation and from the eyes and general features. “When asked if he could pick out an insane person in that audience the superintendent replied that he could if there were any. Being requested to do so, the superintendent, while breathless silence reigned, surveyed the large audience, and at length singled out an individual who, he said, was insane.

The person indicated at once responded in oaths and frantic yells, clearly showing that the superintendent had made no mistake. "Notwithstanding the strong defense, the verdict was guilty and the sentence hanging. As the time for execution drew near Seward induced the Governor to grant a respite, but

before this period expired the negro died in prison. An autopsy revealed an extensively diseased brain."