39 rest, and then the plaintiff could introduce a dozen witnesses on the subject matter of his case in chief. This would be trifling with courts and justice, and would be an outrage upon the defendant. The law aims to do equal justice to both parties. The rules and principles of law are all founded upon the deepest bed-rock of human nature and human justice. In the words of Burke, " Law is the perfection of human reason, the collected wisdom of ages; com bining the principles of original justice with the boundless variety of human concerns." When juries are permitted to render ver dicts contrary to the strict rules and letter of the law, it is because society is benefited more by the exception than it would be by changing the rule or changing the law. Sup pose a young girl is seduced or betrayed; she, her father, or her brother meets the villain, and shoots him dead; now, by all the rules of law he would be guilty of mur der, yet none such were ever convicted by any jury. The law says the defendant is guilty; but the jury say he is innocent, and the jury is right. The law was made for the protection of life and society in general, the jury are dealing out justice in that particular case; their decision is grounded upon the deepest principles of human nature. The common belief is that in such cases
LEGAL
the party is cleared by the tricks of the advocate, or by his skill and ingenuity in planning the defence or in making an elo quent or passionate appeal to the jury. But the reason is deeper than the advocate, deeper than shrewdness or oratory; it lies imbedded in the breasts of the human jury, implanted there by the Hand that made them. It is asked, " Why not change the law so as to make such a defence legal? " The experience and wisdom of mankind answer that it is better for human society, and the protection of life and property, that the law should remain as it is, and that juries and courts be allowed to make the exception in each particular case, after hearing the evi dence and learning all the facts and circum stances. It is no "trick of advocacy" that clears the defenders of home, property, and honor; it is simply human nature giving voice to the promptings of justice and the promptings of the human heart. The great advocate is not he who plays the " tricks of the trade," but he who is able to read the sources and springs of motive and action, and lay bare the human heart with its im pulses and weaknesses, its affections "and aspirations. Such a man dominated by reason and conscience is always great; such an advocate and lawyer was Lincoln.
GLEANINGS.
WHEN a man makes a formal contract he should be sure it is one which the law will recognize. A would-be Bene dict of Hancock, Ohio, offered fifty dollars' reward to any one who would procure him a wife. Sam Wickham introduced a bewitch ing widow, and the wedding soon came off. Then Wickham wanted the dollars; but the happy man would not pay. His plea was that he had got a widow, and not a wife.
Sam brought an action for the money, and lost it; and as he paid his lawyer's bill, solemnly abjured the wife-procuring busi ness henceforth forevermore. A few years ago, one Thomas Clegg sued Charles Derrick in the Rochdale County Court upon the following bill of particulars : "For finding a husband valued at fifty pounds : commission, five per cent per an num, — two pounds ten shillings." The
