Page:The Green Bag (1889–1914), Volume 10.pdf/380

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Criminal Anthropology in Italy. Lombroso, he has piercing eyes that shine forth acutely from behind glasses that he al ways wears. Psychologist, anthropologist, psychiatrist, philosopher, and literary man, Morselli has right to all these titles, and in each branch he is noteworthy. He was born in Modenain 1832, and studied at his native university, carrying off high honors. As a mere student he attracted attention by dis puting the conclusions of a noted celebrity on some anthropological points, proving himself right. For a while he was the as sistant of Mantegazza in arranging his An thropological Museum, one of the finest as well as one of the most important in Europe. When only twenty-eight he was called to

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preside over the Turin lunatic asylum, and soon distinguished himself by his profound knowledge of everything connected with the study and treatment of the demented. Be sides attending to his profession he found time to write a number of works dealing with normal and abnormal mental maladies, whose mere enumeration would fill pages, some of which, like his work on " Suicide," have been translated into English. Morselli's latest work was a reply to Brunetiere's assertions regarding " the bankruptcy of science," demonstrating that here was a case in which the wish was father to the thought, and for which no real foundation existed.

THE ADVOCATE IN THE OLDEN TIMES. THE term Advocatus was not applied to a pleader in the courts until after the time of Cicero. Its proper signification, was that of a friend who, by his presence at a trial, gave countenance and support to the accused. It was always considered a matter of the greatest importance that a party who had to answer a criminal charge should ap pear with as many friends and partisans as possible. This array answered a double purpose, for by accompanying him they not only acted as what we should call witnesses to character, but by their numbers and in fluence materially affected the decision of the tribunal. Not unfrequently, when some noble Roman who had gained popularity in his provincial government, had to defend himself against an accusation, an embassy of the most distinguished citizens of the province was sent to Rome to testify by their presence to his virtues, and deprecate an unfavorable verdict. Thus when Cicero defended Balbus, he pointed to the deputies from Gades, men of the highest rank and character, who had come to avert, if possi

ble, the calamity of a conviction. Although in this point of view the witnesses who were called to speak in favor of the accused might be called advocati, the name was not confined to such, but embraced all who ral lied round him at the trial. In the early ages of the republic the liti gant parties appeared personally in court, and carried on the cause themselves. They were not allowed to nominate another to act as their attorney in their behalf except in three cases, — pro populo — pro libertatc — pro pupillo — that is to say, in actions where the whole community was concerned, or where some question of personal liberty or guardianship was involved. The incon venience, however, of this rule led to the substitution of persons who, under the names of cognitores and procuratores, per formed functions which bear some resem blance to those of attorneys at the present day. The precise distinction between these is not accurately known, nor is it very im portant. It seems, however, that the cognitor acted for and managed the cause of a