The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-08-28
RoNnS
CASES AND DECISIONS.
Legal Notes Of Interest to
Lawyers and Those Who
Employ Them.


school" said the old Washington law
yer, with reminiscent smile, 81 took
Horace Greeley's advice and went west
located in a little town that then was
on the frontier and waited with the CON
fidence of youth for clients. Before L
had fairly opened my office 1 was re-
tanned to defend man for stealing a
horse. This elated me very much, for
l was not aware at the time that the
case had been refused by all the other
lawyers in town, as defending horse
thief was not a thing to be desired if a
man valued his life. The case came for
trial before an old Judge and a jury
composed of bewhiskered ranchers
There was no doubt that the man was
guilty, but he had a number Of friends
VINO We're willing to swear to anything,
ana | thought it my duty to make the
pest possible use of them. They were
all willing to swear that the defendant
was 40 miles away from the spot when
the horse was stolen, and the prosecu-
tlon was unable to break down their
testimony. / saw that was going to
Tree my client, so it was with a salts
fed air that l saw the jury leaving the
room to prepare the verdict They
We're back in five minutes, and the old
judge asked them if they had succeed
ed in arriving at a verdict
We hev', answered the foreman. as
he shifted the gun he carried on his hin.
We find the defendant not guilty. an
recommend the defendants lawyer,
OWN to his youth and innocence, to the
mercy Of the court
While l was gasping for breath the
Judge fined me $500 and suspended SEN
tence long enough for me to get out of
town 1t wasn't law, but l didn't stop
to argue the matter
Among the amusing stories of court
procedure told in Case and Comment
is one of an occasion when the Judge
appeared for the defendant. 1t was out
west, and before the magistrate a fat,
snort, lazy, innocent looking fellow
named Dolph stood indicted for gamb-
ling The judge asked: who is your
lawyer" Dolph said he had none
We'll" said the judge, "get one. and We
will proceed" Dolph looked at the
judge and said: IT don't want no law
yer, judge. Jist you and me will try
the case" 1t turned out that the pros
ecutor's witnesses had defective memo
ries, and he could not prove his case
whereupon he tried to put Dolph him
self on the stand in defiance of his con-
stltutlonal rights against eliminating
himself, but the judge said: Whats
your object in this ~, ITO prove that
he gambled," said the prosecutor. ooh
no., said the judge, that won't do.
Dolph and me can't stand that" Dolnh
was discharged for lack of evidence.
but the court warned him that it
wouldn't generally be safe to rely on
the court to defend him
A New York lawyer has been told bv
a decision of the appellate term of the
supreme court that he must paw his
wires dressmaker for making a, silk
dress, for which he insisted his wife
alone was liable, on the ground that he
provided his wife with weekly allow
ance, besides paying the household ex-
penses. The presiding justice said that,
Notwithstanding the statutes which al
low a married woman to make con-
tracts, etc, as if she were unmarried
the husband was liable for such articles
as she might purchase for herself. if
they We're suitable to her station and
her husbands means, and il he made
no objection to the wearing of them.
A decision handed down recently bv
the Illinois supreme court has called
forth considerable adverse criticism.
The case was an application for admis-
sion to the bar by virtue of diplomas
from law schools issued to the appli-
cants- The application was made under
act of February /, 1899, called the
Campbell act allowing any person hold
Ing a diploma from state law schools
whose regular course of instruction ex-
tends over at least two years, to be
admitted to practice upon the present.
ing of such diplomas to the court prior
to December 81, 1899 The court holds
this act to be unconstitutional on the
ground that the act Of admitting an az
plicant to practice is strictly a judicial
one, and therefore the exercise of such
power belongs properly to the courts
and not to the legislature.
An order has been issued regulating
practice before the English courts and
substituting the American for the Spar
ish system in important respects 1t
abolishes procurators, who correspond
somewhat to solicitors In the English
courts, all the duties heretofore per-
formed by procurators devolving upon
attorneys Members OF the bar must be
residents OF the island. Citizens of for
eign government are ineligible to prac-
tice at the bar. Members of the Amerl-
can bar are eligible. The order gives to
the courts sole power to determine tho
qualifications of attorneys, which here
tofore has been a function of the Ear
Association.
United States Consul General Barlow,
In recent report, says: THE attorneys
OF Mexico are very skilled in their pro-
fessionS and an unqualifedly favorable
iQ1i ~ - H. 4.