The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1905-06-25
Portia OVerruled.
Baltimore Jury Not Inclined TO Follow
Shakespeare Law.

Shakespeare's law of contracts might
| have been entirely valid on the RiaIto
when Portia practiced before the Vene-
tan bar and Shylock did land Office
business in call loans, but a modern
jury In the criminal court in Baltimore
the other day decided that, while it was
a pretty good romance, 1t wasn't backed
by the necessary legal precedents. And
they had the nerve TO render this de-
cision after Lawyer William F. Camp
bell had transported them in fancy to
the grim scene before the duke and had
enacted for their benefit Shylock's de-
nand for Justice and his bond" and
Portals beautiful apostrophe to the
quality of mercE.
The case was that of William F. Muse.
indicted for disposing of goods bought
on the installment plan. Last Nav
! Muse bought a watch and two hours
.ater pawned 1t for $50 When the watch
was bought Muse signed contract
whereby he agreed to pay S down and
- month until the watch was paid
for. and 1t was stipulated in the con-
tract that the title to the watch should
remain vested In the seller until it had
been paid for After the testimony was
all In the State claimed that Muse was
the hirer of the watch, that he had
secured no title to it. and that he con-
sequently had no right to pawn II.
Lawyer Campbell declared that the in
dictment charged that Muse had --pur-
chased the watch, and that between the
indictment and the contract there was a
fatal variance. because the contract
stipulated that the title to the wat..n
was not vested in Muse and that there
fore he had not purchased" II. as
charged in the Indictment.
Then he began to draw parallel be-
tween the case at bar and the case of
Shylock aEt. Antonio quoted in Fifth
Shakespeare Reports, page As. You
gentlemen all recall that great scene -
said Mr.. Campbell. eloquently, land YOU
cannot fail TO remember how Portia
showed so conclusively that the terms
OF contract must be strictly con-
strued. Did she not say: The bond
gives thee no drop of bloodr although
/. expressly provided that ShyIock was
to have pound OF flesh? Now. | ask
you to construe this contract as strictly
as she did the contract between An
tonic and Shylock. Here the contract
shows on Its face that no title passed
to Muse, and when he is indicted for
purchasing this watch you must say.
with Portia, that the bond gives the
State no drop of blood. and that your
verdict is not guilty
Shaking his accusing finger at the
assistant States attorney. Mr. Camp
bell said: Here Is the State coming
be fore you as Shylock went before the
duke. demanding this mans pound of
flesh. as the cruel Shylock demanded
kntonio's In vain, in the language of
PCrtia, we say to them:
The quality of mercy is rot strained:
1t droppsth as the blessed rain from
heaven
iron the earth beneath
The State pays no attention, but
demands its pound of flesh. 1t de-
mands that you consign this prisoner
TO punishment upon Indictment that
fatally varies from the contract in
Nolved, and yet it offers that same
contract as part OF the proof Give
them justice and their bond: give
them their pound of flesh. but give
them not one jot or title of this
Christians blood"
In reply. the States attorney said
that Portals law was all right for
Venice, but that this was twentieth
oSi'"is amer icd, anu tlat ne coulun
find any similarity between the case
or Shyiock against Antonio and the
one on trial. The fact remained he
said, that Muse had bought the watch.
and had pawned it two hours later
and the Transaction was evidently a
fraud.
The jury did not overrule Portia
without due delibera ton They went
into the jury room with the contract
and considered the matter prayerfullv