The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1878-01-12
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old fashioned, short wasted straight cut
gown that has since disappeared, and wore
what was called poke bonnet, composed
of pasteboard covered with printed calico,
projecting much in front, and fringed be-
hind with wide calico cape as protection
to the back of the neck from the sun.
Though still lively and loquacious, the
old lady's voice had no longer the ring
with which it had been wont to summon
her husband to dinner from his distant
labor; and the failure of few front teeth
since then had tended further to weaken it.
MADAM said THE judge, after his wit
ness had answered question or two, "try
to speak little louder"
"The coart cannot hear word you say,
my good woman. Please to take off that
huge bonnet of yours
"Sir," she replied composedly, and
speaking distinctly enough this time, "the
court has a perfect right to bid gentleman
take off his hat, but it has no right at all
to require of lady to remove her bonnet"
Madam" rejoined the judge, "you
seem so well acquainted with the law, that
think you had better come up and take a
seat with us on the BENCH
Whereupon she rose, dropped low
courtesy to the court, and, to the infinite
amusement of the by-standers, replied:
u thank your honor kindly, but there
are old women enough there already"
The circuit judge was aided by two asso-
ciate judges, whose judicial services were
paid for at the rate of three dollars for each
day Of the session, no mileage or other ex-
penses being allowed. The grade of pro
fessional ability likely to be called out by
such a rate of compensation may be i'm
agined. When it happened that the judge,
because of some legal disability, had tenn
porarily to vacate his seat the elder of the
two associates presided. aud on such &C.
casions. judge and counsel not infrequently
came into collision. An example of old date
which went the rounds of the bar at the
time, occurs to me.
The older associate on this occasion was
an illiterate farmer, short of stature, lean
of person, an acrid of temper. An old
friend of mine, John Pitcher, who has
since served with much credit as judge of
our Court of Common Pleas, was of
counsel in the case. He is still living, an
octogenarian, and was noted in the younger
days for acumen and wit, the latter
usually of a caustic character. In the
exercise of this somewhat dangerous
faculty, he had, on some occasion, offended
the associate now presiding, who bore him
grudge in consequence.
1t was a suit for damages, and Mr..
Pitcher, retained for the defense, took oc-
casion, in the early part of his remarks to
the jury, to say:
There is legal maxim, applicable in
this case to which invite your attention
DE 7ainimis non curdt ler.'
Here he paused. intending, doubtless, to
the judge broke in:
Come, Pitcher, none of your Pottowat-
tony! Give us plain English
The other, without turning his eyes from
the jug, or intmating by word or gesture
that he had heard the remark, proceeded
quietly in his speech for more than half an
hour, ere he again reverted to the matter,
winding up thus:
But, gentleman of the jury, this case,
at least turns chiefly on that wel-known
legal axiom, which l have already had oc-
casion to bring to your notice, De naanimis
non carat Ter, which when reduced to the
capacity of this honorable court, means
care for little tritiing things and-turning
sharp round on the diminutiye figure, rep
rssentative for the nonce of judicial dignity
neither do Ir'