Page:The Green Bag (1889–1914), Volume 05.pdf/421

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

Thc Green Bag.

388

of Kentucky. One morning while court was in ses sion at Brooksville, the following communication was handed up to the judge. "Honorable Judge O'Harry, your honor. Dear Sir, — In the case of Martin McClanahan against Sam Murphy, and John Lenix, witness — I will state here as thoe I was on oath — John, so far as boddy & fisical strength is concerned he is able to go to Biooksville — Thoe here lies the whole thing — he have no nerve — it have failed him — His complante lays in the neck and head with a jerkin. He cannot speake at these time, and wood be a very poor wit ness for the Plaintiff, and this occurs when there is a crowd, at present his actions is something similar to what is called snakes in the boots, and is compeled to get away off to hisself before he recovers — he can't help this as it is inherited from both sides of the family he may be talking with you in good sense, and in one moment he is gone and will not return as long as you stay — such is the case. "P. S. — I am summins to attend court in a case between John Candy and John Gillispy — 1 have been confined to Bed and house sence October last with Rumatisn. I can git about with the aid crutchs & canes — about the yard — not able to go from home. S. B. S. "P. S. — Ask John Candy what he wants to prove by me — John Candy has brought suit for work his boy done for John Gillispy. That I no nothing about — They are 10 miles from me. John Gillispy wants to prove by me John Candy stole 2 par of sox out of my store he can't get me to swar to that — I am no benefit to him only pine blank agin him on oath." S. B. S.

LEGAL ANTIQUITIES.

PLUTARCH carries the legislation of Lycurgus to the year 900 before Christ, or earlier; for he says that the laws of Lycurgus had continued to be used without alteration for 500 years, to the reign of Agis, who began to reign in the year 427 в. с. Hut hu reckoned to that year of Agis when he re stored the use of gold and silver money, which was contrary to the laws of Lycurgus. If it was the last year of Agis, who reigned twenty-seven years, then it was in the year 400 before the Christian era; and the legislation of Lycurgus is placed ten or twelve years too early by his own reckoning in other places. For he says ( Vit. Lycurg. p. 58) the Ephori were set up with the consent of King Theopompus, 130 years after Lycurgus. This was the

year 760 в с.; by which account Lycurgus gave his laws in the year 890 в. с. This agrees exactly with what Cicero (Orat.pro L. Flae. c. 26) writes to the effect, that the Lacedaemonians lived under their own laws only, which had not been altered for more than 700 years, that is, before Philopasmon abrogated them, and substituted those of the Achœi in their place. So this places the laws of Lycurgus a -little before the year 888 в. с.; tor Philopsemon abrogated them in the year 188 в, с.

FACETIÆ. SYDNEY SMITH said : " There is a New Zealand attorney just arrived m London, with 6s. 8d. tat tooed all over his face " (probably on his chest also). He called the railway whistle " the at torney," because it is suggestive of the shriek ol a spirit in torment, " and we have no right to assume that any other class of men is damned." Of the court of chancery he said it was like a boa-con strictor; it swallowed the estates of English gentle men in haste, and digested them at leisure. THURLOW attended a representation of Pizarra. but sank into a deep sleep during Rolla's celebrated address to the Peruvians. " Poor fellow! " said Sheridan, " I suppose he fancied he was on the bench." EARLY in this century Judge Lowry was hold ing a term of the Superior Court in Onslow County, N. C. A case was on trial in which the amount involved was small, the evidence conflicting, and the law intricate. When the judge came to charge the jury, he astonished counsel by saying, "Gentlemen of the jury, this is a very shackley sort of case anyhow. Take -it and do the best you can with it." Counsel probably saw the force of the remark, as no appeal was taken, though " very ' shackley cases " do sometimes get into appellaucourts, as we all know. IT was the same learned judge, who while .' practitioner at the bar unexpectedly lost a case for a client who was a justice of the peace, and in his own opinion a very learned one. The judge was at a loss how to explain the cause satisfactorily to