New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-06-07


| whom they possets no ecclesiastical authority.
/. may be safely said that in both those countries
| in which the Common Law is expounded by lawyers
| COMMON ard uncommon, 10 man, however sore
may be bis essity, or however cratic his inclna-
tions, need be at loss for legal bolster, provided
he has the money in his pocket wherewithal to p.y
for it. For consideration, eminent members of
the bar VIII grind out opinions to order, we'll cacu-
lated TO console airy distressed client in danger of
the drop or the Gungeon-opnions bristling with
porcupine points and well padded with precedents
awful in their illusions to the iustriOus dead aud
containing the quintessence of Hale, Coke, Chitty
Marshall aud Kent with references to five hundred
or FIVE thousand "repoits," or to as many treatses
in whch two lines of text upon each page sre sus-
tailed by massive foundation of foot notes. For
an exact science as some claim that it lie, the
Common Law lie miracle Of uncertainty at the
best. If any ore should dispute this,
let bin for Lis skeptcism be forced to
get by heart catalogue Of oyeIruled cases,
al thus learn with how much ease the Judge of to-
day m6y snUff cut the legal light of yesterday. Or
if lie be in oiflicultss let him march into Court
with bis lawyers opinion in his pocket. His an
tagor: st, with the opinion Of another lawyer, VIII
be there; and after immense augmentation, our
friend may find himself cast in costs, or receive a
miserable consolation from learning that the case
Of bis adversary is no better than bis owD bland
suggestion Of entering neither party" having been
dropped from the judicial cherub who sits up alOft
We nave heard seine strikingy illustrative charges
~ Uan 10 nhar nf
quo-e elousum frfgit, which had occupied the
Court for a dozen dog days Seventy witnesses
had been examined at great and cross examined at
greater length; seven lawyers had made seven
hundred points, all more or less iDstsntaneously
stIapgled BY the Court; the "Open" had been long
and the "clOse' longer; when an eminent Judge
thus charged: Gentlemen of the Jury In this
cease The plaintiffs have shown no title. The de-
"feIdsnts have shown none. The more / look at
"the case the foggier it grows. wish you better
.'luck with it." Then guffaw as loud as
that which al nounced the decision or rather the
exhaa.on of Jarndyce VS.. Jarndyce. The select
twelve retired ar were duly locked up; were kept
Close prisoners for the proper time; we're quite as
much obfuscated as the Judge, and, after long secu
sion, only seviated by pitching coppers, were re-
leased without agreeing. For several terms did the
parties continue the game. Finally the cash of the
ccmbatsrts having been exhausted, there was
wonderful unaninity among the lawyers. 1t was
thought best to close the combat The poor clients
hardly Ielished this; but nobody seemed to regard
their feelings in the least.
The gentlemen who deal in ardent spirits in Bos-
ton have recently been called to lament the fali-
bility oflawJers, or the ignorance OF Shaw, c. j.
TIE act Of 1855 made their business Illegal and their
shops nusances. They had upon the passage Of
tie law, conspiIed with 1.-THE Metropolitan Society
"for the Protection of Private and Constitutional
Rights" of this city to demolish the act by
purchasing ard printing the "opinions" of fifteen
eminent lawyers, who concurred in declaring that
the nuisance law meant nothing at all or great
deal too much. In this volume of "opinlons," it
was satisfactorily shown that casks demjohns,
trmbeIs and intoxicating liquors were not and
could not be nuisancer. SO thought Elias Merwip,
ESQ. So thought Rufus Chos.e, esq So thought
Charles c. Loripg and Sidney Bartlett, e'quires.
They gave their clients information more expensive
thar valuable; sustained aud soothed by which the
pubEcaps. with the equapmity Of Mr.. Joseph VII
lett, repo.ed in the embowerei sanctity Of their
own bars. But like that lethargc person,
these too col 6dent PERSON, were awakened
from their dulcet dreams Of safety Among those
thus disturbed was person named Brown, of Essex
County. into whose festive shop sundry persons did
enter. and whose exhilaratirg stock sundry per.
sor. did pour out spill and destroy. Against these
amateur COZ stables male and female, the despoled
Br wn brought his action. No man could have
cone into court in better company; Merwin walked
before him and Lcrirg behind him. Bartlett SUE
tanned him upon Gle side ard he Leaned for support
upon the great right arm Of Choste. Bat upon
the bench was a certain Ltmuel Shaw, Of whom
the eloouert Rufus orce remarked, q regard the
"Chef Justice as the savage does the fetish, which
" he knows to be ugly, but feels to be great
Though psnOplied With 'oPinicns, Brown WAS
destined to ccme to grief. For. although Choate
had decided that the beer and the brandy could
not be destroyed, il vas evident tcat they hsd
been destroyed; and worse than all, the Chief
charged tie Jury that they had been legally de-