Page:The Green Bag (1889–1914), Volume 08.pdf/35

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The Green Bag.

the Bar, and retained its respect and esteem. wit or made any use of sarcasm; but in the His rulings were rarely ever reversed by the early days of his practice and before he law court. His judicial life resembles that held any public office he indulged once in of Chief-Justice Weston, ante, page 468, of the following repartee, to the evident dis his city, and with whom he has many traits comfort of the speaker. A federal office and qualities in common; but, perhaps, holder undertook to deliver a homily on the having more active humor and the cultiva evils of delaying suitors for " lucre and mal tion of that natural and easier intercourse ice," and in the presence of several other that exists between the Bench and Bar in gentlemen became discourteous and even offensive to the young lawyers present, con later times. In the early days of the Superior Court a cluding with the remark that the " law's de lawyer, who was also a general of the State lay" was recognized as an intolerable evil in militia, appeared in court on the second day the time of Shakespeare. Being well-versed of the term (which was also the first day of in the study of the great, dramatist the the State muster), in full uniform, and with a young lawyer instantly replied: "I beg leave to remind the gentleman that, among very impressive manner and ore rotundo utter ance moved for a continuance of his cases, the grievances of life that ought not to be for the reason that he was then engaged in borne, Hamlet also mentioned the ' inso the military service of the State. Without lence of office.' " It is needless to add that any hesitation the Judge said to the clerk : the discomfiture of the office-holder was complete. "Enter, motions granted : ' inter anna, si lent leges' " There was a very perceptible In the summer of 1888, Judge Whitesmile on the countenance of the Bar. house, in behalf of the citizens of Augusta, On another occasion an inmate of the delivered an address of welcome to Mr. Soldier's National Home, at Togus, was ar Blaine, upon his return from Europe, which raigned at the bar on an indictment charg was widely reported and commended for ing him with a heinous crime. It subse its felicity and eloquence. quently appeared that he was laboring A portion of his charge to the jury, in under religious delusions and was mentally the case State v. Burns, will be found in 82 unsound. Not knowing this, the Judge Maine, 558. The defendant was an im made the usual inquiry if he had any coun porter of liquors in the original packages, sel to appear for him. He replied some and boldly asserted his right to sell them in what indistinctly: "No, your Honor, Jesus that condition in this State, claiming he was will plead my cause." At the next instant, protected in such privilege by the United a prominent member of the Bar, who had States Constitution. The trial excited great been retained by a friend of the prisoner, interest throughout the State. It took place and who was afflicted with partial deafness, before the decision by the United States having heard the Judge's question, but not Supreme Court in the case of Leisy v. Har the prisoner's answer, innocently responded, din (135 U. S. 100), and the Judge, in ac "Yes, your Honor, I appear for the re cordance with the well-established rule gov spondent." Thereupon the the Judge re erning subordinate courts, instructed the marked to the clerk sotto voce: " It is for jury that the law of Maine, which the de tunate for the prisoner that Brother P. has fendant was charged with having violated, been employed, for I am afraid the counsel did not contravene the United States Con retained by the prisoner might not put in stitution. It was in this connection that the an appearance in this court." Judge made the remark which voiced the While at the bar he rarely indulged in moral sentiment of the public conscience,