410
The Green Bag
in this way often proved the strongest possible witness for the other side.
A COLONIAL JUSTICE A JUSTICE of the peace in the early Colonial days of New England was regarded as the representative of his "Sovereign Lord the King." The royal commission by which he held his office called him "Our trusty and wellbeloved," and he had the privilege of appending the title "esquire" to his name. The community spoke of him as the Squire, and treated him with great respect. He was not appointed a justice be cause he was wise and learned in the law, but because he was known to be loyal, to exhibit a dignified deportment, and to be one of those "substantial men that are prudent persons and of substantial estate." He took an oath to "dispense justice equally and impartially in all cases, and do equal rights to the poor and to the rich after your cunning wit and power according to the law." His most pleasing function was to marry those who came to him to be joined in wedlock, for in those Puritan days marriage was celebrated by the justice, and not by the minister. Those who came to him to be married had to bring the town clerk's certificate that their intention to marry had been pro claimed at three religious meetings in the parish during the preceding fort night. The justice had an extensive juris diction, for he was a criminal judge, a civil judge, and the chief of police. He took care that there should not be traveling, labor, nor amusement on Sunday, and that all able-bodied per sons should attend the public services in the meeting-house.
Profane swearing and cursing of persons or creatures were criminal offenses which the justice punished.
A PROSPECTIVE CRIME WAVE An Oklahoma dentist says that kissing should be made a crime. — News item. C IN is sometimes repulsive,
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But in the present case, Given a heart impulsive, Likewise a pretty face, The subtle sense subliminal Which all possess, 'tis said, Might make a good man criminal, — Or any pretty maid. This wickedness, deep-hidden, Might sudden outlet seek If some fair girl, unbidden Should "turn the other cheek." And if this good Christian damsel Should make a little slip, And, "stead of cheek, the dear ma'mselle Should turn her ruby lip, Who would be such a coward Or such an awful prude Or so completely soured Or so uncommon rude As to refuse? since any court Can soon eliminate The evidence, for no girl ought Herself incriminate. SlRIUS SlNNICUS.
LIVELINESS OF ILLUSTRATION THE late Justice Harlan had a fund of good stories, and there was none he delighted more in than that pertaining to the efforts of a young and enterprising Kansas lawyer, who, dur ing his first case, was desirous of illus trating his contention by means of hypothesis. The youthful attorney began: "We will suppose, your honor, that your honor were to steal a horse —" "No, no!" interrupted the judge, "Not at all, not at all, sir. Not a supposable case, sir."
