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The Green Bag

recording the unusual circumstance of to the court and jury precisely what a man "unlawfully and feloniously" part of that fence you climbed over." obtaining his own money, the trial is "The top, sir." irregular and the case must be reversed. Solely on account of that little pro TOO MUCH FOR HIS HONOR noun "his," the arrest of the prisoner, the investigation of the grand jury, the SOME years ago the Supreme Court had to pass upon the case of trial and the judgment of a court of justice, must come to naught. Occur David Kawananakoa, Jonah Kalanrences of this character, of course, are ianole, Abigale W. Kawananakoa and Elizabeth K. Kalanianok v. Ellen Alto be regretted. We should add that Chief Justice bertina Polybland et al. Mr. Justice Holmes, who was to an Carter filed a dissenting opinion in this case, holding that it "seems clear to me nounce the decision of the court, hesi that the pronoun 'his' referred to Dem- tated at these names. Although an nouncing a decision of the supreme tri binski and not to Clark." bunal of the land he was obliged to ac knowledge that he would have to forego the form of pronouncing the names. GETTING AT THE FACTS Accordingly he spoke as follows: — A LAWYER in a Southern court "This is case no. 273, but I will not was examining a witness as mat undertake to pronounce the names of ter-of-fact as himself. A fence was in the appellants, which are a matter of some way connected with the case. The record." lawyer wished to impress upon the court No member of the court smiled in and jury that the witness was perfectly sympathy except Mr. Justice McKenna, familiar with that particular fence, and but the assembled attorneys enjoyed was, therefore, competent to speak of the situation immensely. its condition. To that end he asked: "Do you, or do you not, know the IRRELEVANT TESTIMONY fence between the farms of Anthony Barker and Henry Morgan?" AT A TERM of the circuit court in "I do, sir." Iowa not long ago a "horse case" "And have you at any time crawled was on trial, and a well-known horse under that fence?" man was called as a witness. "Never, sir." "You saw this horse?" asked counsel for the defendant. "Never?" "Never, sir." "Yes, sir, I —" "What did you do?" "Well, then, can you or can you not recall ever having crawled through that "I opened his mouth to ascertain his fence?" age, and I said to him, 'Old sport, there's "I cannot, sir." a lot of life in you yet.'" Whereupon counsel for the other side "Perhaps you may be able to state positively whether you have or have entered a vigorous protest. "Stop!" he cried. "Your honor, I object to any not climbed over that fence." conversation carried on between the "I have, sir." "Now, remembering that you are witness and the horse when the plain under oath, you will state definitely tiff was not present!"