It seems that in Philadelphia, as well as in Boston, there is some difficulty in finding a satisfactory test of drunkenness. For example (according to the Baltimore Suri), Judge Audenried, of the License Court, asked a witness — an agent of the Law and Order Society — what was his definition of " drunk." "'I regard a man as drunk when he is visibly affected by liquor,' was the answer. "' Yes; but we would like you to be more specific' said the court. "' Well, I take it from a man's conduct, the general appearance of his face; but I do not necessarily mean that he shall stagger. Others have a habit of leaning against the rail around the bar.' "' I notice that while giving your testimony you yourself have been leaning on the bench. You wouldn't have us regard that as being an evidence of intoxication on your part, would you? ' inquired Judge Audenried. "The agent colored up and answered that he would hardly like the court to consider the question in that light. "Judge Ralston said he understood that saloon bars were supplied with rails for the purpose of leaning against." For our own part we prefer to take Judge Ralston 's view of the matter, rather than the agent's. If the latter's view should prevail, it would seem that the bar-rail must be put in the same class with the deadly " third-rail." A lawver who studied in Mr. Lincoln's office tells a story illustrative of his love of justice. After listening one day for some time to a client's statement of his case, Lincoln, who had been staring at the ceiling, suddenly swung around in his chair, and said : "Well, you have a pretty good case in techni cal law, but a pretty bad one in equity and jus tice. You 'll have to get some other fellow to win this case for you. I could n't do it. All the time, while talking to that jury, I 'd be thinking : 1 Lincoln, you 're a liar,' and I believe I should forget myself and say it out loud." The Green Bag is indebted to an English correspondent for the following interesting note concerning judges as plaintiffs or defendants : Early in the seventies an action was brought
by the " Inhabitants of Surrey " against the "In habitants of Middlesex " for the non-repair of Walton Bridge. The case was set down for trial at Maidstone Assizes. The solicitor-general (who in those days was allowed to have a private practice), Mr. Murphy, Q. C, and other wellknown counsel were briefed for the plaintiffs. The solicitor-general's fee, it is stated, was three hundred guineas. On the judge taking his seat a junior counsel, in the absence of both his leaders, made an application to his Lordship, pointing out that it was impossible for his Lordship to try the case, which was in the nature of an indictment, the inhabitants of the county of Surrey being plain tiffs and the inhabitants of the county of Mid dlesex being defendants, because he (the counsel) understood his Lordship was an inhabitant of Middlesex and therefore a defendant. The Lord Chief Justice (Coleridge) agreed that that was so. "But," said his lordship, "what strikes me as a difficult problem to solve is that the whole of my learned brothers must be, as in habitants of one county or another, plaintiffs or defendants. However, sufficient for the day is, etc.; you must of course go elsewhere." In 1877 it was found necessary to pass an act called Judicial Proceeding (Rating), to enable this case to be tried. The following is a copy of the first section : 1. No judge shall be incapable of acting in his judicial office in any proceeding, by reason of his being, as one of several ratepayers, or as one of any other class of persons, liable, in common with others, to contribute to or to bene fit by any rate which may be increased, dimin ished or in any way affected with such proceed ing. After hearing evidence in an assault case between man and wife, in which the wife had had a deal of provocation, the magistrate turn ing to the husband, remarked : " My good man, I really cannot do anything in this case." "But she has cut a piece of my ear off, sir." "Well," said the magistrate, " I will bind her over to keep the peace." "You can't," shouted the husband; " she's thrown it away." — Tid-Bits. London has 5,272 barristers and solicitors.
