Page:The Green Bag (1889–1914), Volume 24.pdf/487

This page needs to be proofread.

448

The Green Bag

community to pay for what it gets. The subscription which has been started on the initiative of Mr. Joseph H. Choate and others for the relief of the widow and daughters if the late Justice Harlan can count on generous support from the bar at least. WHAT HE WANTED TO KNOW IN a certain case tried in Missouri where the charge was theft of a watch, the evidence was most conflict ing, and, as the jury retired, the judge observed that he would be glad to assist in the adjustment of any difficulties that might present themselves to the mind of the jury. All but one of the jurors had filed out of the box. There was on the expres sion of the one who remained an expres sion betokening the extremest perplexity. Observing this hesitancy, his Honor said: "Is there any question you'd like to ask me?" At this the twelfth juror's face bright ened. "Yes, your Honor," was his eager response. "I'd be awful glad if you'd tell me whether the prisoner really stole the watch." TWO COURT INCIDENTS IN SPO KANE A CORRESPONDENT kindly in forms us of two incidents which occurred recently in the courts of Spo kane. Judge Henry L. Kennan of the Su perior Court for Spokane County is somewhat noted for his repartee. A short time ago a young lawyer argued a motion before him. The judge was making his ruling and it appeared to be against the contention of the young law yer. "If your honor please," he inter rupted, "I do not like to argue with the court, but-^" "Well, you can stop

any time you like," the judge replied. The argument thereupon closed. A man engaged in painting a paper mill received an injury by reason of falling off a scaffold. Suit for damages was brought against the mill. The plaintiff relied upon the doctrine of res ipsa loquitur. An extended argument was made on the applicability of the doctrine to the case. The manager of the mill patiently listened to the argu ments. He knew nothing about res ipsa loquitur. It was a strange phrase to him. After the jury brought in a verdict for $30,000 he gravely remarked: "Well, I do not know what this thing is that you lawyers have been talking so much about. It sounds like 'Liz slipt in the slop bucket,' but it is hell on paper mills." LAWYERS' PUNS THERE have been many lawyern who were fond of punning. Is the trial of a mercantile case before an Irish judge, one of the counsel used a common phrase of the streets "flying kites." "What do you mean, sir?" asked the judge. "I recollect flying kites when I was a boy." "Oh, my Lord," answered the law yer, "the difference is very great. The wind raised those kites your lordship speaks of, but our kites are intended to 'raise the wind.'" A person named Day was on trial for burglary. His counsel wittily suggested that a burglary could not be committed by Day. He was, however, convicted. Judge King, who sat on the bench with Judge Knight, said: — "Prisoner, though your crime was committed by Day, you shall be sen tenced by Knight." Thereupon Judge Knight sent the man to prison for several years.