The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-12-11
The Amenities of Lawyers.

and then force them outside of her pale for
their recreation ;she has her own grim humor,
and often does she fetch a smile to the stern
students face as it pores over her black-let-
tered lore. Jurisdiprudence is perhaps the
only system in the world that has scrupulous-
ly preserved its own record. Since its incep-
ton, there is no hiatus in its history: from
smallest to greatest, every ruling of the court,
every point OF counsel, every dictum OF the
judge, she has written down for the guidance
Of her children, and bound in mighty tones
for their instruction. And there is much
there, too, to entertain as well as instruct,
when, often and often, weary bench and tired
bar have terminated their tagging interest
with interlocutory Joke and Jest, as dragged
along some interminable case. 5
81, Nothing will persuade the lawyer that he
does not possess in his library the original of
Shakespeare's inimitable grave-digger's arau-
ment about 'cfowner's quest law" In CLAM
let"-the famous case OF Hales Us. Petit, re-
ported in old Plowden, A. D. 1850. Sir James
Hales, a justice OF the Common Pleas, COM
mitted suicide by throwing himself into wa
ter-course. The coroner set upon his body,
and, this being before the days OF "moral in
sanity" presented that, passing through WAYS
and streets of the said city of Canterbury. he.
the said James Hales, did voluntarily enter
the same, and did himself therein, voluntarily
and feloniously, drowned" Suicide being
felony, this felony worked forfeiture of his
estates But In answer to this, his successors
pleaded: that Sir James did not commit sui
Siue ne oniy Lnfea0 hamSeT into the Udter
and suicide implying death, as he did not die
during his Hfe, he committed no suicide
The question was, Their, did Sir James commit
: suicide during his life? For, if he only threw
;n@ S;,,s sap u.e Ma,er AZ MS NE Time, throw
tt,s ..1;asS ln.o ..e water Is no felony, and
VIZ 1 Iu: not peMg cCmpiete until his death
d,,r;nr ~ nl e lor MN 10 nave died
This ge,nIex;no ne committed no felony.
seroesmts.at-iay an% tha;r was argued ~ SIX
t;ns ha,a $780,, "uu ther wsaryihg oiaiec-
mi, &c ~ soen olaSk-etter, are
trayastv The nnsst;n,s a q. - Su,aAespeares
s,,t "a, tnoS,aas aiosI III Ine course Oh
a,s;.s,r ~, s.pa:s p.ougu. Wy Lazy da!es,
S"shonSS' a. sunstVor ~ 5olnt tenancy OF her
aw+ar ~, ,, iSa,nst one Iettit attempting to
te,ted estate Tse - 1o ciownglant o. tne tor
Lnto hopeless desperation, which was left
10. .or Wl lnia S6akespeare to disentangle tor
LUG pubic verdlct' s.al- .E
Let Gloom. It must be Sc o6sndendo: IT cannot he
else Tor here lies the point; i'll drown myself wit
h ng,y, !. afgaes an act aud an act hath three
she drowned herself w,,ttingiv uu perform argai'
20 Ctgs0n. Nay, but hear you, goodman deliver.
soGd. HI Here , stands the man; good II the man
Iii he he goes; marx vow ,haf. se ht ~ ;fs Will he
come to him, and drown him be- browns not hi,ei
sell; arga, he that is not guilty Of his own death.
% y @Sa,s.s no. p',t n's own me- r
lst Csoscn. Av. marry arr 'i is,. c,owno,,s ..,
".e. > q1e'' law
INA. when pnrges OF the felony In Hales
0.1aE oI t, ens,.ies 70 LWnnstian burial In re
UZneea clfeportea IN Hamlet" ", II, and in
sn;n II tne wafer ana the deed, the human
'e T5is "a aI,u ouao aonnia r. -
ustroda,;.- s SquaiS Ine Duriesque ease OF
A.rS as"nst OIiies, written by DR..
rs not greater than its fidelity" Here a
tsstator begueathed to his friend, Matthew
sad testator left six white, six black and six
pleG norses. HIS executor, Stiles, delivered
10 otraoding the SIX white and the six black,
put t1e latter demanded the six pied horses
as wen, ana Drought suit therefor.
=, learned counsei ior the plaintiff contended
nolnrs ard naa sae'< are the two extremes Of
soana, I g. eiIlole, mcl9de al colors what
and white borseS 4u ISL therefore, OF black
S SsS uolses' gray OF pied horses are
a raSsea mr, Wnen TWO extremes or remotest
c cuuS amy.nins are devised, the law, by
eoM .a. consent, VII! intend whatsoever IS
oo.n :. U.;u Detween tnem. But the present
eli hiooI. SonseI SINCE, Dy the word black
word ,rI;,. i o1 are devised; and, by the
NV The sa,,,. Sm or we norses are devised; and
Native hetween tb.v WIZ tne conjunction cop
l. e. the ,;eJ orc 1ia!,; snJ "nste ana otocE,
black and white 10 Mod a,;,d 10 wna1ever Is
ia White o,J 10 peu' a m wna'ever Is pied
nears 70 lbave c osi a, inis reasoning ap-
aaithorrS AZ SaSu t,e court with 1t for |
maintained thot s.o ,s;aI sergeant stoutly
horse. neither is q ~, III nsIse ~ not black
"Ie conrt onras 81 peu nTlse Wnlte Morse"
ment init donner g aLG ae.oeratlon en;juge-
aMotion IN ar :. p'a ae nlsl causa."
pied horses were ,n"res ~ J9Tgmsnt, mat the
spection was nraved r. s,'n upon, an m
sare vult." - - III "u'i-
Gle of. an entire conrt Seno W naa .ne specta,
into lexicoeranhers and rIsiio1om;. tsi; .aneo
over dictionaries. drsoeinp dowr ~ a y,uzLlng
masters. and nullinc orar the VIZ classical
most exemplary enerov Po''S Will
The Duke of Cornwall had laasod ono ofh;.
farms, under an agreement which 1 nrev u nds
among other things, that the tenant should
perform work and service for his grace, at
boreas "a - aay VeaM-wOrk, Win Two |
pounds Of rent.5 One Gay b;s er vss,y , MY
ard requested the tenant to send > cart ~
transport some Goals. "I will f;,rr;sb No.,
team and man. according to NV agreement
said the latter, "but am not honnd 70 sard
any cart" His grace thereupon bronobt on
sjectment against bis tenant for fs;1s,na a.
comply with the condition. and conssauont
forfeiture of his lease. Tenant denied the
Div. etc Tha n,' "nu pleaa readiness to COM
Construction 70 4 be .3a was, OF course, the
ateam y does ateanoY p pnaan upon tne word
or only the horses? If the fret indoma,,t
for the duke: If the second indo,nent
farmer. The case was tia hesan Or Inc
Oxford, who found for tie duke. ~
a Iulc WAS ODlalQed. and tho cuoe+;o~ /