Page:The Green Bag (1889–1914), Volume 07.pdf/525

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.
486
The Green Bag.

FACETIÆ.

Before the Supreme Court of North Carolina, lately, a Mr. Ward, a young lawyer, was arguing a homestead appeal, and cited four or five cases as precedents. One of the court asked him if the principle stated was the point decided in those cases, or was it merely incidentally referred to, or obiter dicta. In entire good faith, and uncon scious of humor, he replied, " Yes, your honor, it is the very point decided, though they go on and talk about one thing and another, as they usually do." Some years ago there was a prohibition election in Raleigh, N. C, and both sides claimed the in fluence of Col. T. C. Fuller (now Judge Fuller, of the United States Land Claims Court). Rev. Dr. Skinner, a leading divine, in conversation with Mr. Fraps, who kept a saloon, and who was a great admirer of Col. Fuller, told him that that gentle man endorsed the movement. Mr. Fraps de murred. Finally, Dr. Skinner stated that he had it direct from Col. Fuller himself! Mr. Fraps shook his head : " Ah, Doctor, he talks mit you, but he drinks mit me." Mr. B. F. Moore, a distinguished lawyer in North Carolina, had a double, — Major D. G. MacRae, — who was something of a wag. As the latter was passing through the Capital Square in Raleigh, some years ago, a countryman met him and said, " Mr. Moore, I have come to pay that hundred dollars I owe you." " Very well," was the reply, " let us step in here and take a drink." Somewhat surprised, the debtor accepted the in vitation. Then, after a few remarks about the crops, the countryman again pulled out his money to pay; but the supposed Mr. Moore waved his hand, and said, " Take another drink first." Then, after further talk about the weather and politics, the debtor again offered payment. Noth ing would do, however, but " take another drink." This being accomplished, the countryman said he must go, and insisted peremptorily on paying over the money to " Mr. Moore." " See here," said MacRae, " do you still think I am Bat Moore?" "I knoiv you are," said the man. "Well," said MacRae, "haven't I proved to you I am not? Did you ever know Mr. Moore to refuse to receive any money? " " No," said the man, " never!"

"Well, did you ever know or hear of his treating anybody? " " Never, in all my torn days; " and, musing, " I swear you can't be Mr. Moore, but who in h— 1 are you?" Swift Galloway, prosecuting for the State in Duplin County, N. C, had a case in which some of the witnesses swore that a certain hog was a boar and others a " barrow." Finally, he asked an old negro witness if he knew the difference, and what it was. " Sartinly, Marse Swift; when a he hog have lost his manhood he is a barrow."

NOTES. We commend the following to the considera tion of our New Jersey brethren. It may give them an idea worth carrying out : — A " combination atlas map of Trumbull Coun ty," published at Chicago, III., under the super vision of L. H. Evans, in the year 1874, tells a queer story of early frontier justice. "The first trial tribunal was composed of a selforganized body of men, who tried and convicted a man for stealing from a fellow-boarder. He was convicted and sentenced to be divested of his ap parel, tied to a tree, and subjected to the bites of mosquitoes for the period of an hour. "It was soon discovered, however, that the man would have little or no blood left at the expiration of his term of punishment, and he was released at the end of the first half-hour. He was never known to steal again." P'rom Brierley Hill comes a good story : " It is a well-known provision of the law," says a local paper, " that a dog is entitled to bite one citizen free; but his owner is liable to be punished for the second taste his pet may take." Well, if the local paper says this is the law, let it pass. We thought otherwise. The other day a case came before two new magistrates in a provincial town, in which a man was summoned for keeping a savage dog. While in court, the dog showed every desire to clear the deck by snapping and yelping. In giving judgment, the chairman said, " although they could not convict, because there was no evidence that the dog had bitten anyone before, they considered the animal's conduct so bad they should endorse his license." — Law Notes