Page:The Green Bag (1889–1914), Volume 03.pdf/273

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246
The Green Bag.

LEGAL ANTIQUITIES.

By an imperial ordinance, addressed by the Emperors Valentinian, Valens, and Gratian, a.d. 370, to Olybrius, the Prefect of Rome, it was de clared to be the duty of the presiding judge at the trial of a cause to see that a fair distribution of the leading advocates was made, so that they might not all be engaged for the same client. And if it appeared that a party had retained so many coun sel on his side that his adversary was unable to obtain proper legal assistance, this was to be taken as a proof that his cause was unjust, and he was to be reprimanded and punished by the judge. It seems, therefore, that " muffling " retainers were by this equitable law prevented, and the contest between the parties rendered as fair as an equality of weapons could make it. And if any advocate was assigned by the judge to either party, and de clined the task on insufficient grounds, he was to be disbarred forever.

FACETIAE. The jury brought in a verdict of " Not guilty." The judge said admonishingly to the prisoner : "After this you ought to keep away from bad company." "Yes, your honor, you will not see me here again in a hurry." A couple of lawyers engaged in a case were recently discussing the issue. "At all events," said the younger and more enthusiastic, "we have justice on our side." To which the older and warier replied, " Quite true; but what we want is the Chief-Justice on our side." A coroner out West recently reasoned out a verdict more sensible than one half the verdicts usually rendered. It appears that an Irishman conceiving that a little powder thrown upon some green wood would facilitate its burning, directed a small stream from a keg upon the burning pile; but not possessing a hand sufficiently quick to cut this off, was blown into a million pieces. The fol lowing was the verdict, delivered with great gravity by the official : " Can't be called suicide, bekase

he didn't mean to kill himself; it wasn't 'visita tion of God,' bekase he was n't struck by light ning; he didn't die for want of breath, for he had n't anything left to breathe with; it's plain he did n't know what he was about, so I shall bring in, — Died for want of common sense."

A judge, in pronouncing the death sentence, tenderly observed : " If guilty, you deserve the fate that awaits you; if innocent, it will be a grati fication for you to feel that you were hanged with out such a crime on your conscience; in either case you will be delivered from a world of care."

Counsel. What is the plaintiffs attitude as to this question? Witness. Recumbent. Lies about it con stantly. An amusing anecdote is told of a very amia ble and, withal, a very modest widow in New Jersey. Soon after her husband paid the debt of nature, leaving her his legatee, a claim was brought against the estate by his brother, and a process was served upon her by the sheriff of the county, who happened to be a widower of middle age. Being unused at that time to the forms of the law, though in the protracted trial that followed she had ample opportunity of acquiring experience, she was much alarmed, and meeting, just after the departure of the sheriff, with a female friend, she exclaimed with much agitation, " What do you think? Sheriff Prince has been after me! " " Well," said the considerate lady, " he is a very fine man." "But he says he has an attachment for me," re plied the widow. " Well, 1 have long suspected he was attached to you, my dear." " But you don't understand, — he says I must go to court." "Oh! that 's quite another affair, my child; don't you go so far as that, — it is his place to come and court you." There was, not long since, a venerable and benevolent judge in Paris, who, at the moment of passing sentence on a prisoner, consulted his associates on each side of him as to the proper penalty to be inflicted. " What ought we to give this rascal, brother? ' he would say, bending over to the one upon his right. " I should say three