Page:The Green Bag (1889–1914), Volume 14.pdf/580

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Was a Good Witness Himself. but for a great many years the judicial body retained a high character. The upheavals that came later on shook the institution, no doubt, but the revolutionists were careful not to throw it down. In the future French judges may, perhaps, be placed so far beyond the reach of improper influences that they cannot fall. Instead of the poorly paid thou sands the country now has, a few hundred would suffice. The idea of having single judges in the trial courts, as in the Great

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Republic and in England, is gaining ground. It is seen to be a means of eliminating a number of mediocrities, of letting in only men of great talent, and of making the judge strong enough and independent enough to soar above the level of the agitated commu nity, and hold the balance evenly between small and great, weak and strong, iniquity and right. The cause of justice would be infinitely better served than it is at present.

WAS A GOOD WITNESS HIMSELF. By Jonas Jutton. MANY amusing incidents are products of the court-room, but generally the most humorous come from the magistrates' courts. This is often owing to the ignorance of the justice, and frequently he innocently does that which brings censure upon his head. This was well illustrated in a West Tennessee court, the presiding officer being old 'Squire Makepeace. A citizen of the town in which the afore said 'Squire held the scales of justice brought suit against what was then the N. N. and M. V. Railroad Company, but which is now the Illinois Central, for damages for a fine mare that had been killed by one of the company's trains. A young lawyer, who now stands at the head of his profession, but who at the time of the trial had just been admitted to the bar, was counsel for the plaintiff, a Mr. Bean. The complainant's attorney proved conclusively that the mare was killed, and also proved by a number of witnesses that she was worth one hundred and seventy-five

dollars; but he never produced any proof to show that the animal was killed by the N. N. and M. V. Company's train. The town is at a crossing of the above-mentioned road and the Mobile and Ohio," and when the com pany's attorney got up he called the attention of the magistrate to the fact that no proof had been adduced to show that his company was responsible for the death of the mare. Then the railroad lawyer nearly had his breath taken away by the magistrate who rose, and said, animatedly: "Well, by gum, I happen to know myself, thatyourroad killed the mare, and I award Mr. Bean one hundred and seventy-five dollars." The company had offered to compromise by paying the owner of the animal one hun dred dollars, which he would have been wise to have accepted, for the company carried the case through several courts, and though Bean got one hundred and seventy-five dol lars for his mare, nearly all of it went to his lawyers.