Page:The Green Bag (1889–1914), Volume 24.pdf/583

 540

The Green Bag

"May it please the Court," said the Colonel, rising, "we have not. I have done the best I could, but — " and the Colonel, turning, cast a withering glance on his colleagues — "here are eleven of the most obstinate men I ever had any dealing with." If the vain Colonel had lived in colonial days, he would have found that his glorious minority of one entailed un pleasant consequences. For we read that once in Boston, when a juror stood out against his eleven fellows, the attor

ney-general took him aside and directed him as to what he should do. But the man refused to follow the attorney's advice, and so the court ordered that the eleven should be allowed to eat and drink as much as they pleased, while the refractory one might look on without tasting a drop or eating a morsel. The method proved effective, for starvation did what argument could not do; it brought about a unanimous verdict.

Thf Edittr will in glad to reemu for this dtfartmtut anything ItJnly to tnttrtm* tht rtaden tf Iks Grem Bag in tkt 'way of Ugai antiquities, faftiie, and anecdotes.

USELESS BUT ENTERTAINING The Pall Mall tells of a cynical American judge. "The prisoner," said counsel in a case, "can prove that at the time the crime was com mitted her maid was combing her hair." "That," replied the judge, "only proves an alibi for her hair — not for herself." Apropos of our story last month as to the prolixity of counsel, there is an old story of Mr. Justice Darling. Counsel, in cross-examin ing a witness, was very diffuse and wasted much time. He had begun by asking the witness how many children she had, and concluded by asking the same question. Before the witness could reply, Justice Darling

interposed with the suave remark, "When you began she had three." Of the same order was the retort of a judge of older day, when counsel, in addressing the jury, had spoken at great length, repeating himself constantly, and never giving the slightest sign of winding up. He had been pounding away for several hours, when the good old judge inter posed and said, — "Mr., you've said that before." "Have I, my Lord?" said counsel, "I am very sorry; I quite forgot it." "Don't apologise," was the answer. "I for give you, for it was a very long time ago." Law Notes (London).

The Legal World JKonlhly Review of Leading Legal Events Ohio has given some surprise to the more conservative parts of the country by adopting a constitution of which the direct initiative and referendum are the most salient feature, and the experi ment of a flexible organic law is unlikely to be attended by wholly satisfactory

results. Doubtless the ease with which amendments may hereafter be adopted has had some influence in securing the introduction into the constitution of so many statutory matters. Some of these, such as the minimum wage, are of questionable value from the standpoint of public policy. The new constitution is far from being a model, either in form