The Portland daily press., 1875-05-22

Mr. Forsyth's book while it is not so full aud
copious history of advocacy as will one DAY
be written, is a very valuable and appreciative
contribution to the literature upon the subject.
His studies in connection with the life OF Clce-
ro have admirably fitted him to furnish full
statement of the systems of Greece and Rome.
His account of the Athenian Courts IS clear
and satisfactory. The law of evidence thu re
was evidently established upon broader basis
than even Jeremy Bentham could be brought
TO approve Hschines did not hesitate IN his
speech against Timarchus to demand his con-
vction, not on the ground that he had proved
bis guilt for he admitted he could not do that;
but on the ground that everybody knew it
And this too, when the charge was of certain
specific offenses. Even in the English State
Trials where the prisoner was allowed 10 coun-
Eel, depostions were taken although no cross
examination was allowed, and the witness was
never brought face to face with the 'cused.
This last seems to US monstrous But in Ath-
ems they managed things even better than that.
No proof was needed, common talk sufficed.
The three chapters on advocacy in Rome con
tain descriptions of the courts before which
lawyers practice1, the origin of the law, and on
the whole an excellent statement of the prac-
tice in court under the Roman system of juris-
prudence. All the great lawyers and advocates
Cato, Mark Antony Hortensius, Crassus,
Sulpcius and many others are passed in review
Of course the greatest space and care is devoted
to the greatest advocate of ancient time and
perhaps of all time, Marcus Tullius Cicero. Ex-
frao oiu frnn hS Oratinna illust tiva
of the methods of the advocate of that day
which show that larger demands were made
upon the sympathies Of the judges than would
be safe in our colder climate. In the chapter
is a good synopsis of what has always seemed
TO US the most consummately skilful OF Cicero's
oratious, the oration for Murena. Cicero in that
case was opposed to Cato and Sulpiciusr both
able men, of high character and influence, the
one stole philosopher and the other famous
lawyer. No attack upon them personally would
have been safe. Cicero's attack was upon the
philosophy of the one and the profession of the
other, and more exquisite specimen of banter
aud ridicule can hardly be found anywhere.
The chapters on France and England are not
to us so satisfactory as those on Athens and
Rome. Probably the abundance OF material
contrasted with the limits of the authors plan
has prevep ted that personal description of the
modes and ways of great English and French
advocates which would have been so gratifying
and instructive. Against the authors theory of
the duty of an advocate to decline the defence
of an accused because he may deem him guilty
we protest. We believe with Erskine that no
man is justified when applied to as lawyer, in
taking upon himself the office.of judge and
jeopardizing any mans right to an unbiased
trial by throwing in the scales against him an
unnecessary opinion. A lawyer is an officer of
court and has no more right to refuse to a
guilty prisoner his honest efforts in his behalf
than he has to afford an innocent prisoner dis
honest efforts.
THE LIFE AND GROWTH OF LANGUAGE: An Out
line of Linguistic Science. By William Dwight
Whitney. Volume XVI of the International Sci
eutifc Series New York: d. Appleton & Co. For
sale by Bailey s. Noyes.
The present is certainly the most entertain
ing volume of The excellent Internationaf'
series issued since the publication of DR.. Dra-
per's work on the conflict between science and
religion. Outside the ranks of the pbilologsts
it will not awaken any considerable controver-
sy, but it will excite strong interest in all who
ore given in any measure to the study of Ian
guage 1t should be a matter of pride to
Americans that some of the best volumes in the
series have been contributed by men of science
on this side of the water.
Professor Whitney is undoubtedly one of tbt
foremost of English-speaking philologists, ant
occupies an enviable position in the wider circle
of European students of language. His style
clear, simple picturesque, aboundipg in strik
ing illustrations and apt comparisons, is admir-
ably fitted to be the vehicle of popular treat
Use like the work under consideration. At this
time, when the subject of p6ilology is com
manding deeper and wider interest than evel
before, the volume is peculiarly acceptable, and
of much value as directing and shaping the
crude and often inconsistent views commonly
entertained. The work is written upon the
same plan as Prof. Whitrey's Language and
the study of Language" and advances the
same views that ale set forth therein, rein
forced and enlarged by the new knowledge Of
the last eight years. Little space is given to
controversy The opinions of the author are
distinctly set forth, but he has not found it neo
essary to comment at any length upon the
opinions held by scholars of another school.
The first nine chapters of the work are given
to the definition and requirement of language
its conservative and Alternative forces; classified
ton of linguistic changes in meaning an(
phraseology and construction; the growth o.
language and change in the outer form o.
words; substitution of one sound for another
1ox Of nd ahan
tendencies in phonetic change; the growth o.
language and its igurative extension; the los'
of words and forms; provision of new styles o
expression and multiplication of the uses of &
word by dervative apparatus; the name-mak
ing process; and local and class variation o.
language as shown in dialects.
The tenth and eleventh chapters are specially
given to the Indo. European language. and tht
twelfth to the Semitic and other families. The
three concluding chapters are given to genera
conclusions. ts to be regretted that the plar
of the series precludes fuller sketch of The
history of language; but within the limits as
signed the work is admirably done.
SEX IN INDUSTRY. Plea for the Working Girl
By Azel Ames, jr., M. D. Boston: james r. Os-
good & Co. For sale by Loring, Short 6 Harmon
The first thought on completing the perusal
of this book is, "What bungle Nature made
in her attempts to create woman. if all this
is true; and what mistake is the organization
of society, which compels women 20 work fo
their daily breadl One is at a loss to see how
the matter is to be remedied. ThisiphysiciaI
would shut women, for their bodies and souls
sake out of every occupation but that of being
wives and mothers. OF course, for this employ
ment to give them requisite ease, some one
must lift from their shoulders the thousand and
one burdens which they, as well as other work
ingfwomen, now carry. Question upon ques
tion crowds into the mind, as we consider wha
would be the result. if this theory were carried
out; and no satisfactory answer is at hand.
According to DR.. Ames, as the chief injury
in all these kinds of work is to those Functions
which are peculiar to her sex, woman ought t.
leave these employments to men, and attend t
duties which are peculiar to her sex. Now WI
will admit that women are not so strong a
men, and cannot work so many hours as men
and yet we hold that there is wide margin
left in which women can work at all these oc
cupations without detriment to health. 1t i
possible that in many cases i'll health is causet
not by the work, but by other things which ar
left ont of acco1nt nv the author of this hook