front him, and tnirabile dictit, by accusing bay and mien declare, "Thou art the man." This strange misbelief is with some people apparently incorrigible. It is a delusion which abundant actual experience has failed to dissipate. It lives on from generation to generation. It has still the attractiveness of a fresh creation. "Time writes no wrinkles on its brow." In discussing what is involved in following a trail the court says that the path of everj' human being through the world at every step from the cradle to the grave is strewn with the putrescent excre tions of his body and this waste matter is in process of rapid decomposition. The blood hound which has great ability for differ entiating smells, follows the odor thus gen erated; and for a short time a man may be easily trailed in the woods or open country; but in the city, after a lapse of considerable time, as in this case about twelve hours of sunlight, where the trail is crossed by hun dreds of others, the work is obviously more difficult; yet the dog does the best he can. Nice and delicate questions are time and again presented to him for decision and as to the considerations which move his choice of path, he cannot be cross-examined and the jury informed. The result of all this is that the conclusions of the dog are too un reliable to be accepted as evidence. CONTEMPT. (SECURING INFORMATION AS то JCROR — INVESTIGATION.)
TEXAS COURT OF CRIMINAL APPEALS. In Ex parte McRae, 77 Southwestern 211, a mere effort to secure the service of a party to find out how a juror stands in reference to a case on trial is held not to authorize a punishment for contempt, where the party employed makes no effort to tamper with the juror, nor holds out any inducement to the jury to decide one way or the other, nor talks with the juror about the case. The court says that the conduct of the relator was reprehensible, but it cannot find any decision of any court of last resort authorizing his punishment for contempt. The trial court is commended for its diligent effort to main tain the purity of the administration of jus
tice, and the court enters its hearty disap probation of relator's conduct, though be cause he does not bring himself within any of the known rules authorizing his punish ment for contempt, it is compelled to dis charge him. DAMAGES. (GOODS PURCHASED ON INSTALLMENT PLAN — CONVERSION ну THIRD PKRSON—MEASURE OF PURCHASER'S RECOVERY.) WASHINGTON SUPREME COURT.
In Messenger v. Murphy, 74 Pacific Re porter 480, it is held that a purchaser of property on the installment plan under a contract providing that the title shall remain in the seller until the purchase price, is fully paid, but nevertheless binding the purchaser to pay absolutely, may recover from a third person who converts the property, its full value, though he has paid but a portion of the purchase price. No authorities are cited and not much discussion is devoted to the point. DAMAGES. (PERSONAL INJURY — EXPECTANCY— AGE OF ANCESTORS.) MICHIGAN SUPREME COURT.
In Hamilton v. Michigan Central Rail road Co., 97 Northwestern Reporter 392, it was held in a personal injury case that the opinions of experts as to plaintiff's expec tancy, based in part on mortality tables and in part on the hypothesis that plaintiff re sembled his father and grandfather, who lived to advanced ages, were properly ex cluded. The court says, that without pass ing on the question of whether the longevity of the father and grandfather was com petent evidence, it is agreed that when coupled with a proposal to show by experts the expectancy of, life based upon that testi mony and upon mortality tables, it was not competent. Judge Grant while dissenting, agrees with this view, and says that in his experience he never knew the question to be raised before, and but one case is cited— that of Chattanooga R. Co. •;. Clowdis, 90 Ga. 258, 17 Southeastern 888, in which the opinion is too meagre to throw light on the question.
