His

to little Lemuel he pulled out the bottom slice, which was kept hot by the hot plate beneath and the pile of tost above. mother reproached him quite sharply. "You must not do that Lemuel. Suppose everybody were to do that?" "Then everybody would get a bottom slice," answered the wise urchin.

Of Judge Theron Metcalf-"the most interesting and racy character among our old judges" Senator Hoar says:

He was, so far as I know, never known to invite any of his brethren upon the Bench or of the Bar to visit him at his house, with one exception. One of the judges told me that after a hard day's work in court the judge sat in consultation till between nine and ten o'clock in the evening, and he walked away from the court-house with Judge Metcalf. The judge went along with him past the Tremont House, where my informant was staying. As they walked up School street, he said: "Why, Judge Metcalf, I didn't know you went this way. I thought you lived out on the Neck somewhere." "No, sir," said Judge Metcalf, "I live at number so-and-so Charles street, and I will say to you what I heard a man say the first night I moved into my present house. I heard a great noise in the street after midnight, and got up and put my head out the window. There was a man lying on the sidewalk struggling, and another man, who seemed to be a policeman, was on top of him holding him down. The fellow with his back to the ground said: "Let me get up,- d— you.' The policeman answered: 'I sha'n't let you get up till you tell me what your name is and where you live.' The fellow answered, 'My name is Jerry Mahoney,d-you, and I live at No. 54 Cambridge street, d- you, where I'd be happy to see you,

d- you, if you dare to call.'' That was the only instance. known to his judicial brethren of Judge Metcalf's inviting a friend to visit him.

He used to enliven his judgment with remarks showing a good deal of shrewd wisdom. In one case a man was indicted for

advertising a show without a license. The defendant insisted that the indictment was insufficient because it set out merely what the show purported to be, and not what it really was. On which the Judge remarked: "The indictment sets out all that is necessary, and, indeed, all that is safe. The show often falls short of the promise in the showbill."

There was once a case before him for a field-driver who had impounded cattle under the old Massachusetts law. The case took a good many days to try, and innumerable subtle questions were raised. The Judge "" began his charge to the jury: "Gentlemen of the jury, a man who takes up a cow straying in a highway is a fool."

Another time there was a contest as to the value of some personal property which had been sold at auction. One side claimed that the auction sale was a fair test of the value. The other claimed that property that was sold at auction was generally sold at a sacrifice. Metcalf said to the jury: "According to my observation, things generally bring at auction all they are worth, except carpets."

Of Judge Fletcher this story is told:

A lawyer from the country told me one day that he had just been in Fletcher's office to get his opinion. While he was in the office, old Ebenezer Francis, a man said. to be worth $8,000,000, then the richest man in New England, came to consult him about a small claim against some neighbor. Fletcher interrupted his consultation with my friend and listened to Mr. Francis' story. In those days, parties could not be witnesses in their own cases. Fletcher advised his client that although he had an excellent case, the evidence at his command was not sufficient to prove it, and advised against bringing an action. Francis, who was quite avaricious, left the office with a heavy heart. When he had gone, Fletcher turned to my friend and said: "Isn't it pitiful, sir, to see an old critter, wandering about our streets, destitute of proof?"

THE Missouri Legislature is not much respected now. It seems not to have been held in any greater veneration in some parts of the State 64 years ago. A man who was looking through some old records of Macon county a short time ago found the following remarkable order, which was spread upon the records of the Macon County Court in June, 1839: "Ordered that the law passed by the Legislatures of 1838 and 1835 respecting groceries and dramshops be null and void in Macon county." It seems the Legislature had curtailed the privileges of grocers and dramshop keepers more than was to the Macon County Court's liking. In August, 1839, the court followed up the foregoing fine piece of impudence with the following order: "The law passed by the Legislature the 13th of February, 1839, respecting grand jurors is hereby rejected, and that there shall not be any compensation allowed for such service." The members of this bold tribunal were Elvan Allen, Philip Dale and Lynn Dabney. They seem to have made themselves immensely popular in the county by their revolutionary methods. At its next session, however, the Legislature served notice on them to quit the law-repealing business informing them that the State Constitution had given it an absolute monopoly of that line of industry. Sheriff Jefferson Morrow heartily concurred in and carried out all the orders of the court, and, despite his temerity, lived to be the oldest ex-sheriff in Missouri.-Exchange.

"AND if I should begin suit against him for breach of promise," asked Miss Passay, "and prove by numerous witnesses that he proposed to me, is there any possible way he could escape paying me damages?"

"He might," replied the attorney, thoughtfully. "He might set up a plea of insanity."

SOME of the comments in the English Press on the sentence passed upon Mme. Humbert and her husband (the other pair of culprits came off more lightly) betray a very imperfect appreciation of its nature. Five

years' réclusion, or solitary confinement as it is understood in France, is not only a rigorous, but a terrible penalty. Our own code offers no parallel to it, and it is probable that life sentence of penal servitude in this country would be far more easily endured. The solicitude of the prisoner en réclusion is all but absolute. The strictest silence is enforced. Presumably the consolations of religion-whatever they may amount to in so dreadful a situation-are not entirely withheld; otherwise the prisoner is forbidden to speak, even to his guardian. Books are denied, and (which must be almost the worst infliction of all) the most complete idleness is enforced; no employment of any description may mitigate the appalling vacancy of days, weeks, and years. Half-an-hour's exercise is allowed daily, in a hood which covers everything except the eyes. This horrible life in death may end in the tomb, but is more likely to end in the padded cell of the maniac.-The Law Times.

OF Samuel Warren, Queen's Counsel and. author of Ten Thousand a Year, a writer in The Law Times tells the following story:

An old friend of his, Davison by name, looking in upon him at his chambers, found him absorbed in the case, which, he said, took up all his time, and left him no leisure for the many social functions he ought to adorn with his presence. "We ought to dine tonight," he continued, "with Lord and Lady Lyndhurst, but I have been obliged to refuse on conscientious grounds." "Oh!" said Davison; "I am invited, too, and am going to dine with his lordship. I will mention that I have found you overwhelmed with work." "I would rather you did not

name the subject," said Warren, "as my wife has already sent an excuse to Lady Lyndhurst." "Nonsense," said Davison, "I shall be able to confirm her statement of your inability to attend." "You will oblige me by saying nothing about it. Your statement might clash with the excuse my wife has given, and I am not aware of what she wrote." But, finding that Davison was obdurate, and apparently determined to convey Warren's sense of disappointment to Lord and Lady Lyndhurst, Warren at last confessed that he was only joking, and had received no invitation to dine at his lordship's. "Neither have I," replied Davison; “I was only joking, too!" It was one of poor Warren's failings, the continual boasting of his intimacy with members of the Bench and the peerage. It was to him that the cutting remark was addressed, when, happening to say that he had been dining at the Duke of Leeds' and had been much surprised at finding no fish of any kind was served, he was told that that was easily explained, as, "no doubt, they had eaten it all upstairs!"

That he was clever admits of no question, and he could tell a story to perfection, as witness this little anecdote he gives of Mr. Justice Littledale and his stickling for form. "I recollect a case," he says, "where a client of mine had his declaration on a bill of exchange demurred to because, instead of the words in the year of Our Lord 1834,' he had written ‘A. D. 1834.' I attended the late Mr. Justice Littledale at chambers to endeavor to get the demurrer set aside as frivolous, or leave to amend on payment of a shilling; but that punctillious, though very able and learned, judge refused to do either. 'Your client, sir,' said he, 'has committed a blunder, sir, which can be set right only on the usual terms, sir. "A. D.," sir, is neither English nor Latin, sir. It may mean anything or nothing, sir. It is plain, sir, that here is a material and traversable fact, and no date to it, sir.' Whereupon he dismissed our poor summons with costs," which he adds. came to between £7 and £8. In this way was money spent in the good old days.

NEW LAW BOOKS.

At

It is the intention of The Green Bag to have its
book reviews written by competent reviewers.
The usual custom of magazines is to confine
book notices to books sent in for review.
the request of subscribers, however, The
Green Bag will be glad to review or notice
any recently published law book, whether re-
ceived for review or not.

JOHN MARSHALL. LIFE, CHARACTER AND JUdi-
CIAL SERVICES AS PORTRAYED IN THE CENTEN-
ARY AND MEMORIAL ADDRESS AND PROCEED-
INGS THROUGHOUT THE UNITED STATES ON
MARSHALL DAY, 1901, AND IN THE CLASSIC
ORATIONS OF BINNEY, STORY, PHELPS, WAITE
AND RAWLE. Compiled and edited with an
Introduction by John F. Dillon. Illus-
trated with Portraits and Fac-Simile.
Three Volumes. Chicago:
and Company. 1903. Cloth.
565; v+522 pp.)

Callaghan (lviii+528;

No more welcome volumes have come recently from the press than these edited by Judge Dillon and containing about fifty of the Marshall Day addresses. Readers of The Green Bag will recall that the April and May, 1901, numbers of this magazine were given over to extracts, of varying length, from some forty of these addresses; and at that time we ventured the inquiry, "whether it would be possible for the American Bar Association to publish, in a suitable volume, the Marshall Day addresses in full. . . . There could be no more fitting tribute to the memory of the Chief Justice than such a volume.' This good work Judge Dillon has now accomplished, prefixing to the addreses an admirable introduction; and it is a pleasure to add that the form in which these volumes are printed is in every way excel

lent.

The speakers on Marshall Day-the leaders of our bench, our bar and our law faculties had a great theme; their addresses were worthy of the occasion, and in these volumes where they are brought together we have an adequate account of the great Chief Justice and his great work. The orations of Binney, Story, Phelps, Waite and

Rawle, which, with excellent judgment, are included in these memorial volumes, are spoken of as "classic." So, indeed, they are; but so, too, for example, are the addresses of the late Justice Gray and the late Professor Thayer-to say nothing of some of the other addresses by men still living.

The illustrations incude the well-known St. Memin and Inman portraits of Marshall, the Sully portrait-not an altogether satisfactory likeness, we are forced to think-W. W. Story's statue, and the homes of the Chief Justice at Oak Hill and Richmond. It is a matter of regret that among the portraits were not included. the very excellent one by Jarvis-reproduced in The Green Bag, February, 1901-owned by the late Mr. Justice Gray, and the interesting portrait, by an unknown artist, owned by Washington and Lee University, reproduced in The Green Bag, May, 1901.

MANUAL OF FRENCH LAW AND COMMERCIAL INFORMATION. By H. Cleveland Coxe. Paris and New York. Brentano's, London: Simpkin, Marshall, Hamilton, Kent and Company. 1902. Cloth. (viii+292 pp.) In this small voume Mr. Coxe has brought together in clear and concise form a mass of information on French legal and commercial matters which is of use and interest both to the layman and to the lawyer. The subjects are arranged alphabetically; most titles are disposed of briefly, but certain subjects, such as Bankruptcy, Bills of Exchange, Companies, Divorce, Marriage, Patents, Servants, and Wills, are treated at consideble length.

statesmen. Not the least interesting parts of the book, however, are the extracts from arguments at the bar by counsel whose fame is local. Twenty-four full page portraits of famous advocates add to the interest of the volume.

THE AMERICAN STATE REPORTS. Vols. 90 and 91. Containing the cases of general interest and authority decided in the courts of last resort of the several States. Selected, reported and annotated by A. C. Freeman, San Francisco: Bancroft-Whitney Company. 1903. (1008, 1020 pp.)

The earliest volume-the ninetieth-contains cases selected from 131 and 132 Alabama, 115 Georgia, 197 Illinois, 106 Kentucky, 107 Louisiana, 96 Maine, 167 and 168 Missouri, 62 New Jersey Equity, 66 Ohio State, 202 Pennsylvania State, 63 South Carolina, 23 Utah, 26 Washington, 51 West Virginia, and 113 Wisconsin. The more important monographic notes are those on the following subjects: What Irregularities Will Avoid Elections, When an Official Bond becomes Binding on the Sureties and What Irregularities Fail to Relieve Them from Liability, Summary Proceedings to Impound and Sell Animals, Cold Storage, Part Owners of Vessels, Attacks by Creditors on Conveyances Made by Husbands to Wives, Unintentional Homicide in the Commission of an Unlawful Act, Injunction to Prevent Breach of Contract, and Security not to Commit a Misdemeanor.

Volume 91 includes cases decided from May, 1901, to June, 1902, to be found in 133 Alabama, 70 Arkansas, 28 Indiana Appeals, 115 Iowa, 64 Kansas, 180 Massachusetts, 86 Minnesota, 26 Montana, 67 New Jersey Law, 40 Oregon, 23 Rhode Island, 15 South Dakota, 108 Tennessee, 24 Utah, 27 Washington, and 114 Wisconsin. The more important notes deal with Adminibility of Evidence given on Former Trial in Civil Cases; Justification in Slander and Libel; Acts for which Sureties on Official Bonds are Liable; Right of Interpleader; Conflict of Laws as to Measure of Damages; and Cotenants in Mines.