Page:The Green Bag (1889–1914), Volume 01.pdf/452

This page has been proofread, but needs to be validated.
Editorial Department.
409

were so very common that those vices were not thought disgraceful. Intemperance was so general and habitual that no one was thought to be fit for any serious business after dinner; and, under this persuasion, it was enacted in the laws that judges should hear and determine causes fasting and not after dinner. An Italian author, in his "Antiquities," plainly affirms that this regulation was framed for the purpose of avoiding the unsound decrees consequent upon intoxication; and Dr. Gilbert Stuart very ingeniously observes, in his "Historical Dissertation concerning the Antiquity of the British Constitution," that from the propensity of the older Britons to indulge excessively in eating and drinking has proceeded the restrictions upon jurors and jurymen, to refrain from meat and drink, and to be even held in custody, until they had agreed upon their verdict.


There is a curious legal distinction recorded in "Sixth Henry, Chapter III.," of English law, in which "per margin," is the following:—

"All persons born in Ireland shall depart out of the realm; Irish persons excepted which remain in England."


FACETIÆ.

Sir Mordaunt Wells was gifted with a lung power which, when he got a little excited, he was in the habit of putting forth with great zeal and energy. He was one day defending a prisoner in the Criminal Court which was closely adjacent to the Civil one. A judge was trying a case in the latter, and found that the business was very much disturbed by the noisy clamorous tones that emanated from the rival establishment. At length he could submit to it no longer, and he despatched a message to his learned brother, with his compliments, and he would be much obliged to him if he would content himself with addressing one jury at a time.—Bench and Bar.


A tiresome friend met Parsons, the Irish barrister, one day and said to him: "Mr. Parsons, have you heard of my son's robbery?" "No," replied Parsons; "good gracious! Whom has he robbed?"


"Prisoner, luckily for you, you have been found not guilty by the jury, but you know per fectly well you stole that horse. You may as well tell the truth, as no harm can happen to you now by a confession, for you cannot be tried again. Now tell me, did you not steal that horse?"

"Well, my Lord," replied the man, "I always thought I did, until I heard the speech of my counsel, but now I begin to think that I didn't."


A son of the Emerald Isle, who had been badly injured in a railway accident, called to consult an attorney as to what action he could take against the company.

"Sue them, my dear sir," said the lawyer, "sue them for heavy damages."

"Sue them for damages!" exclaimed Pat, "shure and I have had damages enough already. Faith, and I think I had better sue them for repairs!"


Tom Jones was arguing a case before Chief-Justice Cockburn, and advanced some maxim of law which he treated as incontrovertible. The Chief-Justice said to him: "What authority have you, Mr. Jones, for that proposition?"

"Oh, my Lord," said Tom, "I should not have thought any authority was required for so well-established a principle. Here, usher, just get 'Blackstone' or 'Chitty,' or any other elementary book, and hand it up to his lordship."


The same Tom Jones was once arguing before the full court, consisting of four judges, and had been dwelling with considerable unction on a point which he considered the mainstay of his case, when one of the judges interrupted him and said, "You have dwelt fully with that matter, Mr. Jones,—four times already."

"No, my Lord," was the response, "I think only three; it is a point very difficult to understand, and, as there are four of your lordships, I thought I ought in justice to my client to dwell upon it once again."—Mr. Serjeant Robinson, in Bench and Bar.


Lawyers not unfrequently come to ride in their own carriages from the clever way in which they have managed the conveyances of their clients.