Marietta daily leader. (Marietta, Ohio) 1895-1906, 1899-11-28
Legal PIeasantries.

what we supposed he thought when he
denied to husband divorce from a
woman who was an habitual drunkard
basing his decision on the ground that
a courtship of only four months pre-
ceded the marriage. The learned
Judge called 1t contrlbutory negligence
He Knows No Justlce.-Winfeld.
Kansas, has justice OF the peace who
is a stickler for the principles OF the
law. In recent lawsuit in his court
a Winfield lawyer found himself cup
against" that troublesome thing called
the statute OF frauds. His clients
cause had justice to spare and would
Lave prevailed easily had it not been
for the statute. In his desperate efforts
to steer around the law the attorney
had to resort to the subtle cunning Of
soph-stry, and rounded, as he thought,
the jagged corners of the cruel stat
ute; but just as he felt that victory
was his he met the cold glitter of the
courts eye and saw that sophistry
would not 60 He then began to call
the attention of the court to the fact
chat the plaintiff was an unconscion-
able scoundrel, and warmly invoked
the rule of simple justice. AS he
warmed to the occasion and eloquently
pictured the beauties of justice, the
court, with lowering brow and flash
ing eye, said:
stop right there! l understand that
the question before me is one of law.
You have several times referred to the
plalntiff as a rascal and a scoundrel,
and are now talking vehemently and
lncoherently about justice. l want
you to understand, sir, that the court
knows no scoundrels-knows no JUS
tice-knows nothing but the law-the
cold, quiverlng law. Now proceed
with your argument"
Beg pardon" quickly retorted the
attorney, ''if your honor has no JUS
tice, please give us the best thing you
happen to have"
Ae court smiled an ominous, judi
clal smile and then proceeded to ad-
minister the law.
Threw Out The Case-In the good
old days in Kentucky, says The Bar,
there was a court composed of thres
magistrates to try certain causes ap-
pealed from single justice of the
peace. The three magistrates were
backswoodsmen. A case was being
tried one day that was very important
and several hours of listeningt to the
reading of dispositions and the argu-
ments Of counsel, pro and con, and pro
and con again, had so nearly entangled
the court in labyrinth of perplexing
questions of law and fact that they
doubted their ability to blaze their
way out, So they whispered to the
leading lawyer at the bar, who was sit
ting by as spectator, and asked him
what he thought out to Oe done win
the case.
I think it ought to be thrown out
of court" was the prompt and en-
phatic reply.
That settled it,
Mr.. Clerk" said the chief magis-
trate, slowly, pass up them papers"
The papers, which made quite a
large bundle, We're handed the chief
magistrate.
NOW, Mr.. Sheriff." said he deliber-
a.ely, open that window"
The sheriff opened the window, and
the case was thrown out of court.
The feud that followed tasted for fif-
teen years.
Contempt of Court-Detroit used to
have a lawyer who was shrewd enough
to show contempt of court without in
curing danger of the penalty that
would have been visited upon an Of
fender less diplomatic. He was at one
time being heard in an important mat
ter Lefore the supreme court, and made
an assertion which elicted from one of
the judges, THAT is not the law, SIR"
Pardon me, your Honor" with a
deferentlal bow, sit was the law until
a minute ago. Now, we accept a new
established by supreme au-
thcrity."
On another occasion he was reading
from an imposing looking book in
support of position that he had taxi
en- upon legal question.
Just a moment" interrupted the
supreme justice himself; "do you
mean to say that you are reading good
law?"
mot at all, your Honor; only su-
preme court decisions"
The most cutting thing he ever said
to this same court was during the con-
sideratlon of a desperate case in which
he had not leg to stand upon. He
made 1old contention which was
fallacious but plausible from begin
ming to end.
Blank" said the court severely, 81
would not try to convert the average
justice of the peace with such an argu-
ment as that"
Nor l" was the quick response;