the habit of writing for publication in the news papers. He wrote and published a lengthy article for which he was indicted. He was a poor man and intended to try his own case. Choate hearing of his trouble said to Saltonstall, "Gates is in trouble; don't you think that we ought to help him out? " To this Saltonstall agreed and was sent by Choate to Gates to talk it over and see what could be done. Gates was very grateful and desired that Mr. Choate should try the case for him. The case was called and the article was read to the jury, with such explanations made that showed Gates to be the author of it. This closed the government case. Mr. Choate then arose for the defense, and taking the paper from his pocket proceeded to read the same article slowly and with such intonation that when he had finished reading it, the complainant arose and said : " If that is the meaning of the article just read we have no reason to find the slightest fault with it "; and the case was abandoned. In a West Tennessee town, not a thousand miles from Union City, the capital of Obion County, there was a man whom I will call Rives who was raised by the votes of his friends to the dignity of a magistrate. He was a wholesouled, good-hearted fellow, not learned by any means, and while he loved his friends he loved his toddy better. In fact he had a " sorter" Tam O' Shanter fondness for the stuff, which has unfitted many an eminent jurist for his duty. One aay, soon after being elected, 'Squire Rives sat patiently for an hour listening to a very important case, and then his mind began to wander from his business to the saloon across the street. Through the opened window he could see the men standing around the groggery, while occasionally one of his friends would come from the door wiping his mouth with happy satisfaction. As the time passed the case lost all interest for the 'Squire, and after twisting around in his chair for awhile and being unable to stand it longer, he arose, reached for his hat, and turning, said affably to the attorneys : "Well, you gentlemen go ahead with the ex amination of the witnesses, I will be back di rectly." The lawyers constrained their mirth until the
justice had gotten clear of the court-room, then they sat down and laughed until he returned, wiping his mouth with his red bandanna. In those days lived a portly and pompous man who held a commission as brigadier-general of militia, and a license to practise law, — neither of which he had much occasion to use He finally found himself tHe proud enjoyer of a case in the Supreme Court, and fondly dreamed of seeing his name as counsel for the plaintiff, above a long and elaborate opinion, in the re ports. He was mightily disappointed and enraged when, during opinion day, he heard his case called and the simple announcement made from the bench, "Affirmed." After adjournment he went to Judge McKinney, with whom he enjoyed personal acquaint ance, and said : " Judge, I thought that the Supreme Court, at least, would obey the law." "Wherein has the Supreme Court failed?" asked the judge. "The law requires that a written opinion be delivered in every case this court tries, and none was delivered in the case of Smith v. Brown." "Let us see about that. Mr. Marshal, please bring me the record in Smith v. Brown." The judge took the rolled record, and glanced at the bottom of the outside page. Placing his finger upon the written but abbreviated " aff'd.", he said to the ambitious general : " See there! ' Aff'd.' Damn it, isn't that a written opinion?" Having thus won his case he turned on his heel and contemptuously left the disappointed lawyer to his reflections. It was during a session of the Superior Court held in Salem, Massachusetts, that an old lady, who had been notified to attend the case as a witness, was called upon the stand. It was the first time she had ever entered a court room, and she was very much confused, so when told to hold up her right hand and take the oath, she, misunderstanding the command, replied in a trembling voice, " Oh, sir, I can't." "But you must, madam," insisted the judge. "Well, if I must, I suppose I must; " and to the amazement and amusement of all present, there followed a volley of oaths that would have done credit to an old timer.
