The Editor will be glad to receive contributions of articles of moderate length upon subjects of interest to the profession; also anything in the way of legal antiquities or curiosities, facetiæ, anecdotes, etc.

NOTES.

A MODERN Mrs. Malaprop was on the witness stand testifying in behalf of a neighbor woman who was suing for a divorce.

"Now, Mrs. Smith," interrogated the attorney, "you say Mrs. Jones was so abused by her husband that her health was undermined."

"Yes, sir?"

"Did she suffer from any illness or complaint as a result?"

"Yes, sir."

"What was that?"

"Nervous prostitution."

"Do you know, a justice court marriage doesn't seem like a marriage at all," confided a sweet bride, who had tried the experiment, to her friend.

"No, why not?" asked the friend. "Well, you see, it's a good deal like a lawsuit. You have the feeling all the time that you can appeal to a higher court whenever you become dissatisfied with the verdict."

AN enterprising soap company inserted the following advertisement in a legal periodical:

"He who comes into Equity must do so with clean hands."

Use JONES'S SOAP.

A WESTERNER was suing a railroad company for damages as the result of an accident which had killed his wife and deprived him of her company and services. He took

the stand in his own behalf and was severely cross-examined by the counsel for the de

fense.

"Now, Mr. Jones, how old did you say your wife was when she was killed?" "Forty-five."

"And been in feeble health a good deal of the time and cost you quite a bit to keep her in medicine and things."

"Yes."

"Well, since she died I believe you have married again."

"I have."

"And how old is the present Mrs. Jones?" "Thirty."

"Is she stout and healthy and able to do a good day's work about the house?" "Yes."

"Cost much for medicines and stuff like that?"

"Not a cent."

"Then Mr. Jones, you just tell this court how you were damaged by the removal of your first wife."

The defense won the case.

IN the year 1281 a writ of protection was granted to the Bishop of Waterford. There were two kinds of writs. One was styled cum clausula volumus, the other cum clausula nolumus.The latter was given to a spiritual company, principally to secure their cattle from being taken by the king's ministers.

The cum clausula volumus was of four kinds: First, it was given to one who was to pass the seas in the king's service; secondly, it was given to one who was abroad in the king's service; thirdly, it gave protection to the king's debtor until the king's debts were paid; fourthly, it gave protection against suits to one beyond the seas, or the marches of Scotland.

THE denunciation of "mixed bathing" by a Russian priest at Odessa, who has declared that such a practice is calculated to make the fishes blush, will recall one of O'Connell's most celebrated retorts at the Bar. He was making a motion that a witness should be examined by commission at Killarney before the Irish King's Bench. The motion was opposed by a Mr. Scriven, a gentleman of somewhat morose temperament and a bitter opponent of O'Connell on public questions. O'Connell remarked jocosely that, if the motion were granted, his learned friend would have an opportunity of seeing the famous Lakes of Killarney, which he would be glad to show him. "You would," said Mr. Scriven, "like to put me at the bottom of one of them." "Oh, no," said O'Connell, with the utmost apparent seriousness: "I would not be so inconsiderate. Why should I frighten the poor fishes?"-The Law Times.

A PRISONER tried before a certain eminent judge for larceny had admitted his guilt when apprehended, but at the trial was defended with great obstinacy by his counsel.

"Gentlemen," said the judge, sarcastically, to the jury, "the prisoner says he is guilty. His counsel says he is not. You must decide between them."

Then, after a pause, he added:

"There is just one thing to remember, gentlemen. The prisoner was there and his counsel wasn't.-The Boston Herald.

A. S. L. SHIELDS, Philadelphia's wellknown criminal lawyer, once turned a case in his favor by the happy inspiration of a side remark.

George S. Graham, then district attorney of the Quaker City, was making his plea to the jury. Suddenly pointing to the prisoner, he shouted, "He has been in politics too long to be honest!"

He paused for a moment to let the full significance of the words sink home, when in a quiet but penetrating voice, Mr. Shields, leaning toward the speaker, said:

"You've been in politics some little time yourself, haven't you, George?"

The jury shook with laughter, Mr. Graham sat down discomfited, and a few minutes later the twelve good men and true brought in a verdict of not guilty.-The Law Student's Helper.

LAST week a strapping negro woman was up before a magistrate, charged with unmercifully beating her boy.

"I don't understand how you can have the heart to treat your own child so cruelly," said the magistrate.

"Jedge, has you been a parent of a wufles yaller boy like dat ar cub of mine?" "Never-no, never" (with great vehemence and getting red in the face.)

"Den don't talk; you don' know nuffin about it."-The Public Ledger (Philadelphia).

COL. T. M. Argo and Capt. "Bill" Day, lawyers representing Judge Robert B. Peebles of Raleigh, N. C., in his contempt fight with the Robeson County lawyers, met a few friends on Fayetteville Street, among whom was a typical hayseeder whom no one of the crowd knew. The talk was of course on the contempt case, and Day said to the crowd: "What do you think about it?" Some answered and some didn't, and finally Day said to the hayseeder:

"My friend, where are you from?"

"I am from Robeson County, and am attending the Federal Court as a juror." "What do you think of your county contempt case?"

"It is nothing but a petty squabble between a parcel of lawyers; there is no gentlemen mixed up in it, and I certainly don't care whether it is the Judge or the lawyers that go to jail."--New York Times.

ONCE it happened that a wagon was so clumsily driven as to crush a donkey against a wall and kill it. The owner of the donkey claimed damages, and a lawsuit was the result. His chief witness was the driver of the

poor animal. This man, a simple sort of country fellow, was no match for the lawyer on the other side, who browbeat and bullied him mercilessly. Then the Judge made things worse by directing him to answer the questions properly and hold his head up.

"Hold up your head, witness. You hear what his lordship says. Look up; can't you look as I do?"

"Noa, sir, I can't, for you squint;" which was true, though the barrister could not help

that

At last Sergeant Cockle, the counsel on his master's side, came to his help.

"Just tell the Court how the thing happened; where the wagon was, where the donkey was; just tell us in your own way."

After a little hesitation the man said: "It was just loike this, my laard judge: First of all, you"-turning to Sergeant Cockle- "are the wall."

"Yes, yes," said counsel, "I am the wall." Changing his place, the witness next said: "And I am the wagon."

"Very good," quoth the judge; "go on." "Yes," proceeded the man, "lawyer's the wall; I am the wagon; and your laardship's the ass."

This illustration, given quite seriously, so convulsed the Court that the witness was now allowed to leave the box.-London Tit Bits.

THE police authorities in Belgium have found a new use for the dog (says The Law Times). They have trained him to the duties of a policeman. There is no more sagacious. creature than the best type of shepherd dog, and a course of three months serves to transform him into a first-rate thief-tracker and guardian of the peace. The dogs learn to distinguish the honest citizen from the tramp, and the night prowler from the simple diner-out. In a street fight they part the combatants by springing between them. They find lost children and lead them to the police-station. They fetch constables into noisome alleys and assist them to put things right. They stop runaway horses by dash

ing at the reins. Apparently, there are few duties of a policeman which they are not equal to. The dogs go on duty at 10 p.m., and are on the beat until 6 a.m. The American town of Philadelphia makes similar use of the St. Bernard. These dogs, after very careful selection, are examined by the veterinary surgeon, who tests their lungs, sight, hearing and sense of smell; and the animals that are passed as absolutely sound are then sent to the kennels to be trained. Such guardians would probably give a good account of themselves among our own hooligans.

THE Paris detective has a great reputation for tracking down the criminal. He has achieved that distinction, first, by his native wit and resource; secondly, by the extended use he makes of the informer, who may be of the criminal class himself. Numerous are his disguises. One day he has the clothes as well as the speech and manners of a voyou; the next he is on the race-course, his accent changed as well as his outward appearancea chic Monsieur-engaged in watching the doings of a turf syndicate. As an instance. of the modern methods of the Paris Sureté, one may mention the half-dozen motor-cars which it possesses, and which are always at the disposition of the force to proceed at once, to the scene of a tragedy or robbery. The other day the automobile was used with effect in a case of burglary of a château at Versailles. The police had news that the burglars themselves were mounted in an automobile. They gave chase, proceeding by side roads, until they came up with the offenders, who were promptly arrested and their motor-car run off to La Fourrière, the police pound of Paris, where is gathered together the lost, stolen or strayed of the domestic animal world, as well as the oddest assortment of police trophies.-The World's Work.

PRISONER at the bar-Your worship, would you mind getting my case done quick? If I've got to go to jail I'd like to get there in time for dinner.-Scraps.

OTHER ADDRESSES. (Delivered on the Occasion of the Dedicatory Services of the Cincinnati Law School Building, October 17, 1903.) Cincinnati: The University of Cincinnati. 1904. Pamphlet. (23 pp.) The Cincinnati Law School is of unusual interest on account of its age and the eminence of many of the past and present instructors. It is much the oldest existing law school west of the Alleghanies, and indeed there are now only three older American law schools-Harvard, Yale, and the University of Virginia. The Cincinnati Law School began about 1834, under the care of instructors educated at the old Litchfield Law School, by Reeve and Gould; and at Harvard, by Story and Ashmun. At the beginning it had among its instructors Timothy Walker, author of the volume on “American Law" which still retains popularity. Other instructors of more than local reputation have been Bellamy Storer (Judge), John W. Stevenson (Governor of Kentucky and Senator), George Hoadly (Judge and Governor of Ohio), Manning F. Force (Major-General and Judge), Jacob D. Cox (Major-General, Governor of Ohio, and Secretary of the Interior), J. D. Brannan (Professor in the Harvard Law School), Lawrence Maxwell (Solicitor General), Gustavus H. Wald (author of valuable notes to Pollock on Contracts), and William H. Taft (Judge, Solicitor-General, Governor of the Phillippines, and Secretary of War). There have been many other instructors whose local repute has been quite as high as that of the few distinguished men just now named. The graduates also have been numerous and distinguished. The school further prides itself on

being one of the earliest to introduce the case system, and apparently in this reform it is antedated by none but Harvard, the University of Iowa, Columbia, Western Reserve, and Northwestern.

Thus it happens that any one interested in the history of legal education should enjoy reading the historical addresses with which this pamphlet opens. The address by Sir Frederick Pollock is devoted, naturally enough, not to the history of this law school, but to the history of the law, and, though very short, it has all the clearness and grace. that make every line of Sir Frederick Pollock's productions good reading. As Sir Frederick Pollock here says: "It is certainly a commonplace historical fact-so obvious. that at first sight it is hardly worth statingthat what this school is now doing on the banks of the Ohio is a continuation of that which was begun more than six hundred years ago on the banks of the Thames."

CYCLOPEDIA OF LAW AND PROCEDURE. Edited by William Mack. Volumes XI., XII., New York: American Law Book Company. 1904. (1194, 1197 pp.)

These two volumes cover subjects under the letter "C" beginning with an article of three hundred pages on Costs, by William Alexander Martin. The subject of Countries is treated at about the same length by S. Blair Fisher, while the important article of four hundred pages on Courts is contributed by Joseph A. Joyce and Howard A. Joyce. Counterfeiting, Court Commissioners, Action of Covenant and Covenants are the other articles in the earlier volume.

In volume XII. the shorter articles cover Creditor's Suits, by Judge Roderick E. Romhauer, Crops, Curtesy, Customs and Usages and Customs Duties. The bulk of the volume is given over to an exhaustive treatment of Criminal Law by H. C. Underhill and William Lawrence Clark. Beginning with consideration of "The Nature and Element of Crime, and Defenses," the general subject is treated under such heads as "Jurisdiction," "Venue," "Former Jeopardy,"

"Preliminary Complaint, Affidavit, Warrant, Examination," "Commitment and Summary Trial," "Evidence," "Trial," "Motions for New Trials and in Arrest of Judgment," "Judgment, Sentence and Final Commitment," "Appeal, Writ of Error and Certiorari," to mention only the more important headings. Matters relating to particular crimes are to be looked for in other volumes, under their respective titles.

PROBATE REPORTS ANNOTATED. Containing

Recent Cases of General Value decided in the Courts of the Several States on Points of Probate Law. With Notes and References. Edited by George A. Clement. Volume 8. With Index to Volumes 1 to 8 inclusive. New York: Baker, Voorhis and Company. 1904. (838 pp.)

This volume contains about one hundred and twenty recent probate cases, to some of which the usual excellent notes of this series are attached, as, for example, a note on "Paraphenalia" following Mains v. Webber's Estate, 91 N. W. Rep. 172 Mich., and one on "Costs and Attorney or Counsel Fees" following Becker v. Chester, 115 Wis. 90.

The value of this particular volume is increased by the presence of a good General Index covering volumes 1 to 8 inclusive.

THE AMERICAN STATE REPORTS Containing the Cases of General Value and Authority decided in Courts of Last Resort of the Several States. Selected, reported and annotated by A. C. Freeman. Volumes 95, 96. San Francisco: Bancroft-Whitney Company. 1904. (1059, 1122 pp.)

In these two volumes jointly are reported recent cases from half of the States of the Union. In volume 95 are cases from 3-5, Id., 202 Ill., 159 Ind., 109 Ky., 129 Mich. 81 Miss., 172 Mo., 174 N. Y., 132 N. C., 11 N. Dak., 42 Or., 65 S. C. 25, Utah and 115 Wis., the more important monographic notes being those on "Liability of Ministerial Officers to Private Individuals for the Non-performance and Mis-performance of Official Duties," "Ademption of Legacies," and "The Effect of a Conveyance or Encumbrance of

the Homestead by one only of the Spouses." The principal notes in volume 96 deal with. the subjects of "Application of Payments," "The Reversal of Judgments," "Acceptance of Goods to Satisfy the Statute of Frauds," and "Statute of Limitations in Actions against Officers and Stockholders of Corporations," the cases reported being found in 136 Ala., 139 Cal., 75 Conn., 6 Id., 203 Ill., 30 Ind., 118 Iowa, 110 Ky., 173 Mo., 68 N. J. Law, 175 N. Y., 68 Ohio St., 24 R. I., 41, 42, 43, Tex. Crim., 31 Wash., and 116 Wis.

REPORT OF THE TWENTY-SIXTH ANNUAL MEETING OF THE AMERICAN BAR ASSOCIATION. Held at Hot Springs, Virginia, August 26, 27 and 28, 1903. Philadelphia. 1903. (822 pp.)

This volume of the Transactions of the last annual meeting of the American Bar Association contains, as usual, much good reading. The principal addresses and papers are the address of the President, Francis Rawle, Esq.; the annual address on "Law and Reasonableness," by Judge Le Baron B. Colt; and the papers on "English Law Reporting," by Sir Frederick Pollock, of William A. Glasgow, Jr., Esq., on "A Dangerous Tendency of Legislation," of Lawrence Maxwell, Jr., Esq., on "Examinations for the Bar," and of Professor James B. Scott's on "The Place of International Law in Legal Education."

A CLEAR Summary of the French Judicial System and Procedure has been issued in pamphlet form by Béla D. Eisler, of the New York Bar.

Mr. Eisler notes, in passing, "a curious habit of the French Bar and one which has existed since its foundation, that some time prior to the hearing of à case, all the original documents and papers are exchanged between counsel without receipt and with a mere memorandum on the envelope of the number of documents contained therein; on the eve of trial these documents so interchanged are returned to the respective counsel, and the loss of a document so confided to the adversary's care has never been known."