Page:The Green Bag (1889–1914), Volume 02.pdf/108

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Editorial Department.

that period, the latter were not unwilling to adopt them as guides and authorities for the forms of judicial procedure and practice; and a variety of treatises were written on those subjects which show how entirely the profession of the law was at that time in the hands of the ecclesiastics. Instruction was conveyed under the form of trials, in which the different parties were characters taken from the Bible. The most holy names were introduced as those of plaintiffs and defendants; and Moses, Abraham, Isaac, Jacob, Solomon, Isaiah, Jeremiah, Saint John the Baptist, the Virgin Mary, and many others, figured as advocates, witnesses, and officers of the court. To give an idea of the style and titles of the ancient " text-books," we may men tion two that appeared in the fourteenth century; one of which, attributed to the famous Bartolus, was called Processus Satanae Contra D. Virginem coram judice Jesu; and the other, Processus Luciferi Contra yesum coram judice Salomone, which was written by Jacques Palladino, better .known as Teramo, the name of the town where he was born. These remind us of Bishop Sherlock's " Trial of the Witnesses," where the credibility of the ac count of our Saviour's resurrection is submitted to a jury, and the arguments on both sides are pre sented under the form of speeches of counsel en gaged in a trial for perjury. The following is the conclusion of this curious specimen of Episcopal reasoning : — Judge. What say you? Are the Apostles guilty of giving false evidence in the case of the resur rection of Jesus, or not guilty? Foreman. Not guilty. Judge. Very well; and now, gentlemen, I re sign my commission, and am your humble servant. The company then rose up, and were begin ning to pay their compliments to the judge and the counsel, but were interrupted by a gentleman, who went up to the judge and offered him a fee. "What is this?" says the judge. "A fee, sir," said the gentleman. "A fee to a judge is a bribe," said the judge. "True, sir," said the gentleman; " but you have resigned your commission, and will not be the first judge who has come from the bench to the bar without any diminution of honor. Now. Lazarus's case is to come on next, and this fee is to retain you on his side." — Hortensius.

9* FACETS.

THE TWISTER TWISTED. A lawyer, known as a browbeating " swell," Essayed to make a backwoods witness tell Just how a certain Mr. Jones had used A horse, to show that it had been abused. "Now," said the lawyer, with a winning smile, Designed the artless (?) witness to beguile, "Just tell us plainly, and with no delay, In riding, what was this Jones's usual way?" The witness, looking innocent, as though Suspecting nothing that might lurk below, Replied at once, as not a muscle stirred, "Always a-straddle. sir, upon my word." "But, sir," the lawyer said again, "just wait, And understand; we want to know what gait He generally rides, — now, that is plain." "He don't ride any gate, as I have seen; But this I know," said he, with sober face, "His boys ride every gate around the place." The lawyer, seeing that he had on hand "A Tartar," thought, by being still more bland, To circumvent and catch him on the sly. "Now, witness," said he, " between you and I, Let's use due gravity, and come to facts, For what we 're after are the simple acts, And this evasive manner only bothers; Just tell us how Jones rides when he 's with others." "Of course," the witness says, " I 'll do my best : Well, sir, he tries to keep up with the rest; But if his horse to that is disinclined, Why, then he is compelled to fall behind." "Zounds!" cried the lawyer, losing all control, "You either are, or take me for, a fool. One question more, and then with you we 're done; How did he ride when he, Jones, was alone?" The witness, with a twinkle in his eye, Looked at the lawyer as he made reply : "I give it up; for I can only swear That when he was alone, I was iCt there." The lawyer, gasping something like " Dead beat," At once succumbed, and wilted to his seat. The case was ended there, and never tried, And we shall never know how Jones did ride. An Ex-Practitioner.

At the trial of a Frenchwoman for shooting a man, her defence was that she shot the wrong man. After bringing in a verdict of " Guilty" against her, the jury characterized the defence as foolish, and added : " Had the prisoner shot the right man, we should have acquitted her. We trust she will be much more careful in future."