Could Show It if Necessary. should twice be put in jeopardy for the same crime, but it had not been abolished by statute, and, as it was shown, neither had the defense to it. Thornton was re arrested and brought before the Court of King's Bench in November, 1817. When he was called on to plead, his counsel produced from his bag instead of papers, a pair of leather gloves, one of which the prisoner put on his left hand, the other he threw on the floor; and then hold ing up his gloved hand he said; " I am not guilty, and am ready to defend the same with my body." Lord Ellenborough and his associate judges were completely taken aback. The prisoner's plea was Wager of Battle which had been unused for two hun dred years. Ashford's counsel appealed to the Court, saying that he was completely taken by surprise; that their Lordships could see that Ashford, who was young and weak, would have no chance against Thorn ton who was older and far stronger; and that it would be a mockery of justice, if a man accused of murdering a girl could
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clear himself by murdering her brother. To this it was answered, that the appeal of murder on which the prisoner was brought into court, was also a relic of barbarism, and that if the prosecutors had examine'd the old laws, they would have learned that on such an appeal Wager of Battle was a permissible plea. Ashford tried to pick up the glove and accept the duel, but was pre vented, and the trial was adjourned pending argument on the law. This was had, and, in April, 1818, the Court unanimously sus tained the plea, Lord Ellenborough saying, "The law of the land is in favor of Wager of Battle, and it is our duty to pronounce the law as it is, and not as we may wish it to be. Whatever prejudice, therefore, may justlyexist againstthis mode of trial, still as it is the law of the land, the Court must pro nounce judgment for it." Ashford's counsel would not allow him to accept the challenge, and Thornton was discharged. At the next session of Parlia ment the appeal of murder and Wager of Battle were abolished.
COULD SHOW IT IF NECESSARY. Bv Jonas Jutton. HENRY JAMES will suffice for the psuedonym of a young West Tennessee lawyer, who, one day soon after he was ad mitted to the bar, was assisting in the prosecutipn of a man charged with murder. The young lawyer was very enthusiastic and aggressive, and brought all of his legal lore to bear to send the prisoner to the pen or to the gallows. He made a stirring speech showing conclusively that the prisoner had killed somebody, but never gave the least proof that some one had been killed. When
his speech was about finished the judge inter rupted him with : "Mr. James, have you shown the corpus delicti in this case?" The attorney turned quickly and proudly toward the judge and exclaimed : "If I have n't, your honor, I have it here on the table amongst my papers 1" The judge smiled, others chuckled, and after the Court had made a little explanation, James proved who it was that had been slaughtered against his will.
