a passenger is placed in peril of his life, and crys aloud for help, so that some good flying Samaritan rushes to the rescue, and there by does damages to the cabbages of a third party, surely the passenger will not be liable for the broken cabbage heads. His ticket will be held to pay to be rescued and the flying navigating trust of those days must answer for all trespasses committed in at tempts to rescue him from any péril. The passenger will also be able to fall back upon the same concern for all injuries received on the fly, and his administrator or executor for the value of a long projected fly into im mortality. Suppose while on a trip a cyclone descend
ed from nowhere, and gathered the flyer into its revolving bosom, will the trip be at the hazard of the passenger when the company has done the utmost in its power to provide for a safe journey? A point will undoubtedly be reached where the court will say that leav ing earth was the voluntary act of every passenger and that to a certain extent they would take the risk of all hazards which could not be foreseen and provided for. In those flying days it is even conceivable that there shall be lawyers, who, having made a specialty of the laws of moving things that be above the firmament, as well as that through which they move, will have well es tablished reputations as legal sky pilots.
GOT THEIR NAMES MIXED. BY EDGAR WHITE. THE lawyers of Lancaster, Mo., have a curious habit in making their statements and arguments to juries, of presenting a cer tain proposition to one man on the jury and making a personal appeal to him. For in stance, Col. C. C. Fogle will say, when repre senting a much-abused defendant: "Don't you see, Tom, that in the light of this evi dence, taking all the facts as they have been presented, that under no possible hypothesis could you find the defendant guilty. You see that, too, Bill, don't you? Of course, you do." Tom and Bill, whose intelligence has been so earnestly appealed to, are jurymen. And during the speech every one of the twelve will be singled out in the same familiar way, and asked to find the defendant innocent and send him home a free man to his waiting wife and ten anxious little children. No man on the jury is missed. It would be dangerous to show marked attention to a few and let the balance go.
The county of Schuyler is small, and all the older attorneys there know about every man in it, and a great deal of his familv history. But visiting attorneys do not enjoy this advantage, and as a result they fre quently go down in defeat because of their inability to address the jury from the van tage ground of a long-time friendship. A few years ago a farmer sued the Wabash road for the killing of an antiquated mule, whose natural death would have taken place in a few days if a merciful engineer had not knocked it some mile or so skyward, and re lieved it of its sufferings. It was plainly an effort to sell the carcass to the railroad com pany, and the railroad was making a hot fight to keep from buying the valueless quadruped. In his opening statement plaintiff's attor ney pursued the usual tactics of appealing to the jurymen by their first names, and pattingthem familiarly on the knees to emphasize a point. The railroad attorney quickly gauged
