454
The following amusing anecdote comes from an esteemed correspondent in Lebanon, Tenn. : Editor of the " Green Bag " : In the early days of Tennessee, and before the establishment of law schools, applicants for the bar were admitted upon examination by two or more judges. The old books, such as Coke's Littleton, were read by the students. On the subject of plead ing, the common-law distinctions, as will be remem bered by a few who read this, were quite nice, and often expressed in quaint language which a modern law-writer would consider jargon. Thus, on the subject of certainty we have the three following degrees : (i) Certainty to a common intent in general; (2) Cer tainty to a certain intent in general; (3) Certainty to a certain intent in every particular. Sam T., uncle of one of our noted judges, was before old Judge Scott, applying for a law license. Mr. T. lisped rather badly, and was otherwise quite eccentric. He had little learning, but a great deal of natural ability and quickness. Judge Scott asked : " Mr. T., how many degrees of certainty are there in pleading?" The student was puzzled for a moment, but re covered himself, raised his head, and confidently an swered, " Two, thir." "Well," said the judge, " what are they?" "One, thir," said Mr. T. " ith thertainty, and the other ith unthertainty."
LEGAL ANTIQUITIES. In an old volume published in 1715, contain ing the " Acts and Laws passed by the General Court or Assembly of His Majesties Colony of Connecticut in New England," we find the fol lowing extraordinary provisions : — "If any Child or Children above Sixteen years old, and of sufficient understanding, shall curse or smite their natural Father or Mother, he or they shall be put to Death; unless it can be sufficiently testifyed that the Parents have been very Unchristianly negligent, in the Education of such Children, or so provoked them by Extream and cruel Correction, that they have been forced thereunto, to preserve themselves from Death, or Maiming. "If any man have a Stubborn or Rebellious Son. of sufficient understanding and years, viz.. Sixteen years of Age, which will not obey the voice of his Father, or the voice of his Mother, and that when they have chastened him, he will not hearken unto them; then
may his Father or Mother, being his Natural Par ents, lay hold on him, and bring him to the Magis trates Assembled in Court, and testify unto them, that their Son is Stubborn and Rebellious, and will not obey their voice and Chastisement, but lives in sundry notorious Crimes, Such a son shall be put to Death. "If any Man or Woman, after legal Conviction, shall have, or worship any other God, but the Lord God, he or she shall be put to Death."
FACETIÆ. The first Viscount Guillamore, when ChiefBaron O'Grady, was remarkable for his dry humor and biting wit. The latter was so fine that its sarcasm was often unperceived by the object against whom the shaft was directed. A legal friend, extremely studious, but in con versation notoriously dull, was once showing off to him his newly built house. The book-worm prided himself especially on a sanctum he had contrived for his own use, so secluded from the rest of the building that he could pore over his books in private, quite secure from disturbance. '•' Capital! " exclaimed the Chief-Baron. " You surely could, my dear fellow, read and study here from morning till night, and no human being be one bit the wiser." In those days before competitive examinations were known, men with more interest than brains got good appointments, for the duties of which they were wholly incompetent. Of such was the Hon. . He was telling the ChiefBaron of the summary way in which he disposed of matters in his court. "I say to the fellows that are bothering me with foolish arguments, that there's no use in wasting my time and their breath; for that all their talk only just goes in at one ear and out at the other." "No great wonder in that," said O'Grady, "seeing that there's so little between to stop it."
A county court was sitting awhile ago; it was not far from winter, — cold weather anyhow, — and a knot of lawyers had collected around the old stove in the bar-room. The fire blazed, and
