James Wiison of New Hampshire used to tilt with Jeremiah Smith occasionally. Once while they were journeying together on horseback, Wilson rode on ahead, and meeting a stranger passed himself off to him as Smith, then a mem ber of Congress. When the two attorneys stopped or the night, Wilson related, in the presence of some friends, what a great dignitary he had been mistaken for." "Oh, no>" said Smith, "The man knew better; he said, You Jerry Smith? Why, he's a respectable man.' A man of the name of Smith being arraigned in court for a criminal offense, Wilson asked Smith how it was that so many offenders hap pened to have his name. " Easily explained," replied Smith. " They want an honest name to be tried by, and so give the name of Smith, but on inquiry it will generally turn out that their true name is Wilson."
A well-known lawyer on circuit in the North of England, curious to know how a certain jury man arrived at his verdict, meeting him one day ventured to ask. " Well," replied he, " I'm a plain man, and I like to be fair to everyone. I don't go by what the witnesses say, and I don't go by what the lawyers say, and I don't go by what the judge says; but I looks at the man in the dock, and I says, ' He must have done something or he wouldn't be there,' so I brings 'em all in guilty."
NOTES.
The case of the United States by information vs. One Black Horse, long pending in the Dis trict Court of United States for the District of Massachusetts, has just now been settled. The case was really against one black horse and his two owners. The information alleged that the black horse was imported into the district from Prince Edward Island and that in making the entry the horse was undervalued. The purpose of the information was to condemn the horse and punish the importers. The case was nine years old. The horse was entered at the custom house in 1883. The information was filed in 1885.
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The owners soon afterward filed their claim and later a plea of not guilty, which was the proper plea since the latter were charged with a statute offense, and the prayer was to condemn the horse. The defense really was, that, in the first place, the defendants, who were also claimants, did not import the horse at all, but bought him by way of a swap, of the importer after he had been in Boston a year; in the second place, that they bought him in good faith without any knowledge or information of his being under valued, and used him openly and publicly for more than a year after they became his owners; and in the third place, that the horse was not undervalued in the entry, but was in truth valued for more than he was worth. The information was drawn and filed by the late Mr. Sanger when he was District Attorney; soon after which the counsel for the claimants saw him, and stated the facts of the case to him as they really were, and upon that representation being made to him, he said he would inquire into the case, and if he found that the defendants were not the importers, he would dismiss the case. Not very long afterward Mr. Sanger went out of office, and was succeeded, as is known, by Mr. George M. Stearns, during whose administration as District Attorney nothing was done with the case. Mr. Stearns was succeeded by Mr. Galvin, who find ing the case on the docket, with no answer, filed a motion for default. The case was thereupon represented to Mr. Galvin, as it had been to Mr. Sanger; whereupon, he, too, suggested he would inquire into the facts, and if there was a mistake in the information he would dismiss it. In due, or rather undue time, he also went out of office, without doing anything further about the case, and was succeeded by Mr. Allen. The case passed without notice during Mr. Allen's adminis tration. He was succeeded, as we know, by Mr. Sherman Hoar, who soon found the case on the docket and who moved for a default as Mr. Galvin had done. The case was represented to Mr. Hoar, who did inquire into it, and was satis fied that the information proceeded upon a mis take of fact, and recommended to the department at Washington an equitable adjustment, which the department adopted, and the case was dismissed. But the black horse has a history which is curious. He was quite a small horse, standing somewhat less than fifteen hands, and weighing
