Vol. I.]

LEGAL ANECDOTES.

[No. 3.

JUVENALIS, a widow, complained to Theodoric, king of the Romans, that a suit of hers had been in court three years, which might have been decided in a few days. The king being informed who were her judges, gave orders that they should give all expedition to the poor woman's cause, and in two days it was decided to her satisfaction. Theodoric then summoned the judges before him, and inquired how it was that they had done in two days what they had delayed for three years? "The recommendation of your Majesty," was the reply. "How?" said the King; "when I put you in office, did I not consign all pleas and proceedings to you? You deserve death for having delayed that justice for three years which two days could accomplish ;" and at that instant he caused their heads. to be struck off.

By the laws of the Goths it was made penal to say of a man that he was gouty. They thought it hard enough that a man should have to suffer such a torment without being twitted about it.

A GENTLEMAN who was severely cross-examined by Mr. Dunning was repeatedly asked if he did not lodge in the verge of the court. At length he answered that he did. "And pray, sir," said the counsel, "for what reason did you take up your residence in that place?" "To avoid the impertinence of dunning," answered the witness.

WHEN SERGEANT COCKLE was on the northern circuit he once told a witness that he was very saucy, and followed up the remark by asking: "Pray, what sauce do you like best?" Any sauce but Cockle sauce,' was the reply.

66

AT a recent trial in Westminster Hall, an Irishman, who was a witness, identified the date of a transaction by his having dined at a certain house. Being asked how he could recollect that day in particular when he had dined constantly at the same table for months. "Recollect it," replied Pat; "how could I forget it? the dinner was a roast shoulder of mutton, in July, and there were no potatoes!

Ar a late assize in Limerick a boy was brought forward as a witness for the prosecution in a case of murder. He appeared so young and so ignorant, that the judge thought it necessary to examine him as to his qualifications for a witness, when the following dialogue took place:

Q. Do you know, my lad, the nature of an oath? A. An oath! No. Q. Do you mean to say that you do not know what an oath is? A. Yes.

1. DELEGATION OF AUTHORITY. - One trustee cannot delegate his discretion either to another or to a co-trustee. And a corporation permitting a transfer of its stock held as a trust investment, by one of two trustees transferring the same as trustee and as attorney in fact of a non-resident trustee, under a general power of attorney by which the whole management of the trust is delegated, is responsible for the consequences of a breach of trust by such trustee. Penn. Co. v. McMurtrie, Leg. Int., March 6, 1874.

2. ACTION. Where a breach of trust is committed, a trustee, though in default, may maintain a suit in his own name for the benefit of the trust estate. lb.

VERDICT.

See PARTNERS, 4.

WAIVER.

See PRACTICE.

WAR.

ACTIONS AGAINST BELLIGERENTS.

The existence of war does not prevent the citizens of one belligerent power from taking proceedings for the protection of their own property in their own courts, against the citizens of the other, whenever the latter can be reached by process. Rogers, Pac. Law Rep., March 3, 1874.

WILLS.

Lee v.

CONSTRUCTION. A devise to "my daughter E. and her childrenthe children taking their mother's share "gives to the daughter a life estate only and not a fee. Estate of Smith, Leg. Int., March 6, 1874.

See DOMICIL.

IN the year 1785, an Indian murdered a Mr. Evans of Pittsburg. When, after a confinement of several months, his trial was to be brought on, the chiefs of his nation (the Delaware) were invited to be present at the proceedings, and see how the trial would be conducted, as well as to speak in behalf of the accused, if they chose. The chiefs, however, instead of going as wished for, sent the following answer: "Brethren! you inform us that N. N., who murdered one of your men at Pittsburg, is shortly to be tried by the laws of your country, at which trial you request that some of us may be present. Brethren! knowing N. N. to have been always a very bad man, we do not wish to see him; we therefore advise you to try him by your laws, and to hang him, so that he may never return to us again."

Vol. I.]

LEGAL ANECDOTES.

[No. 3.

JUVENALIS, a widow, complained to Theodoric, king of the Romans, that a suit of hers had been in court three years, which might have been decided in a few days. The king being informed who were her judges, gave orders that they should give all expedition to the poor woman's cause, and in two days it was decided to her satisfaction. Theodoric then summoned the judges before him, and inquired how it was that they had done in two days what they had delayed for three years? "The recommendation of your Majesty," was the reply. "How?" said the King; "when I put you in office, did I not consign all pleas and proceedings to you? You deserve death for having delayed that justice for three years which two days could accomplish ;" and at that instant he caused their heads to be struck off.

By the laws of the Goths it was made penal to say of a man that he was gouty. They thought it hard enough that a man should have to suffer such a torment without being twitted about it.

A GENTLEMAN who was severely cross-examined by Mr. Dunning was repeatedly asked if he did not lodge in the verge of the court. At length he answered that he did. "And pray, sir," said the counsel, "for what reason did you take up your residence in that place?" "To avoid the impertinence of dunning," answered the witness.

WHEN SERGEANT COCKLE was on the northern circuit he once told a witness that he was very saucy, and followed up the remark by asking : "Pray, what sauce do you like best?" Any sauce but Cockle sauce,' was the reply.

66

AT a recent trial in Westminster Hall, an Irishman, who was a witness, identified the date of a transaction by his having dined at a certain house. Being asked how he could recollect that day in particular when he had dined constantly at the same table for months. "Recollect it," replied Pat; "how could I forget it? the dinner was a roast shoulder of mutton, in July, and there were no potatoes!"

AT a late assize in Limerick a boy was brought forward as a witness for the prosecution in a case of murder. He appeared so young and so ignorant, that the judge thought it necessary to examine him as to his qualifications for a witness, when the following dialogue took place:

Q. Do you know, my lad, the nature of an oath? A. An oath! No. Q. Do you mean to say that you do not know what an oath is? A.

Yes.

Vol. I.]

LEGAL ANECDOTES.

[No. 3.

No.

Q. Do you know anything of the consequences of telling a lie? A.

Q. No! What religion are you of? A. A Catholic.

Q. Do you never go to mass? A. No.

Q. Do you never see your priest? A. Yes.

Q. What did he say to you? A. I met him on the mountain one day, and he bid me hold his horse, and be to me.

Judge. Go down; you are not fit to be sworn.

THE oath used among the Highlanders in judicial proceedings under the feudal system contained a most solemn denunciation of vengeance in case of perjury, and involved the wife and children, with the arable and the meadow land of the party who took it, all together in one abyss of destruction. When it was administered there was no book to be kissed, but the right hand was held up while the oath was repeated. The superior idea of sanctity which this imprecation conveyed to those accustomed to it, may be judged from the expression of a Highlander, who at a trial at Carlisle had sworn positively in the English mode to a fact of consequence. His 'indifference during the solemnity having been observed by the opposite counsel, he was asked if he would confirm his testimony by taking the oath of his own country to the same. "Na, na," said the mountaineer; "ken ye not thar is a hantle o' difference 'twixt blawing on a buke, and domming ane's ain saul?"

MR. T. O'MEARA, an Irish attorney well known for his conviviality, wit, and good nature, met at the house of a friend an Englishman of rank and fortune, whom he, according to the hospitable custom of that time, invited to his house in the country; and at the close of the visit the Englishman left Ireland with many expressions of obligation for the kindness and attention he had received. Shortly after, O'Meara for the first time visited London, and one day saw his English acquaintance walking on the opposite side of Bond Street; so he immediately crossed over, and declared, with outstretched hand, how delighted he was to see him again. The gentleman was walking with two friends of highly aristocratic cast, and dressed in the utmost propriety of costume; and when he saw a wild looking man, with soiled leather breeches, dirty top-boots, not over clean linen, nor very closely-shaven beard, striding up to him with a whip in his hand, and the lash twisted round his arm, he started back, and with a look of cold surprise, said, "Sir, you have the advantage of me." "I have sir," said O'Meara, looking at him coldly for a moment, and then walking away," and, by Heaven, I'll keep it!"

THE AMERICAN LAW TIMES.

NEW SERIES.-APRIL, 1874.- VOL. I., No. 4.

DIGEST OF CASES

PUBLISHED IN EXTENSO IN LATE ISSUES OF AMERICAN LEGAL PERI

1. RULE AS TO NAVIGATION. That the rules of navigation must vary according to the exigencies of business and the wants of the public. The rules which would be applicable in a harbor where the business was light, and the passage of vessels not liable to be impeded, would be inapplicable in a great thoroughfare like the East River. In the former, it might be that vessels could with safety run across the mouths of ferry slips in going to or from their wharves, while in the latter such navigation would necessarily be hazardous. Steamship Favorita v. Union Ferry Co., Int. Rev. Rec., March 14, 1874.

VOL. I.

4