Temple University School of Law - Restatement Yearbook (Philadelphia, PA)

 - Class of 1926

Page 130 of 148

 

Temple University School of Law - Restatement Yearbook (Philadelphia, PA) online collection, 1926 Edition, Page 130 of 148
Page 130 of 148



Temple University School of Law - Restatement Yearbook (Philadelphia, PA) online collection, 1926 Edition, Page 129
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Temple University School of Law - Restatement Yearbook (Philadelphia, PA) online collection, 1926 Edition, Page 131
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Page 130 text:

The Judge's Fikst Case I’pstate, a man named Johnson was elected Justice of the Peace in a little town. He pretended to no judicial attainments, and was elevated to the place solely because he was the oldest man in the community. The first case that came before him was that of a man charged with stealing a calf. Justice Johnson was conscious of his legal inexperience, so as much as possible to avoid the scrutiny of the public, he put down the hearing for the next morning at seven o'clock. This was so early that when the time arrived the Prosecuting Attorney was not on hand and his Honor faced only the Sheriff and the prisoner and his lawyer. “Gentlemen, you will please come to order,” said the Court, thumping on the table with his fist. The lawyer arose and said: “Your Honor, I represent the prisoner in the case. This is the hour at which the court was announced to open, and as the prosecuting attorney is not present, as he ought to he. I desire to make a motion that the prisoner he discharged.” Pile judge figeted about a moment and said: “Gentlemen, it is moved that the prisoner he discharged.” The lawyer nudged his client vigorously with his elbow. “I second the motion,” blurted out the prisoner. “Gentlemen, you have heard the motion,” said the Court. “As many of you as are in favor of it signify by saying ‘Ave.’ ” “Aye,” called out the lawyer and the prisoner. “Contrary minded, ‘no.’” “No,” shouted the Sheriff. “The ‘ayes’ have it. The prisoner is discharged. A motion to adjourn is in order.” The lawyer responded with the motion, the prisoner with the second. and Justice Johnson’s first term of court was a thing of the past. 3 ♦ A prisoner, not represented by counsel, in Quarter Sessions, had been duly convicted of larceny, when it was seen on examining his previous record, that he had actually been in prison at the time the theft was committed. “Why didn’t you say so?” asked the judge of the prisoner, angrily. “Your Honor, I was afraid of prejudicing the jury against me.” •» «:» : In reward of faithful political service, an ambitious saloon keeper was “elected” magistrate. “What's the charge ag'in’ this man?” he inquired when the first case was called. “Drunk, yer Honor,” said the policeman. 'fhe newly made magistrate frowned upon the trembling defendant. “Guilty or not guilty?” he demanded. “Sure, sir,” faltered the accused, “1 never drink a drop.” “Well,” urged his Honor persuasively, as he absent-mindedly polished the top of the judicial desk with his handkerchief, “Have a cigar, then.” its

Page 129 text:

looked quizzically at the doctor who was testifying and said: “You will admit that doctors sometimes make mistakes, won’t you?” “Oh, yes; the same as lawyers,” was the cool reply. “The doctors’ mistakes are buried six feet under ground,” was the lawyer’s triumphant reply. “Yes,” he replied, “and lawyer’s mistakes often swing in the air.” •1. i On Wills—A Toast “Ye lawyers who live upon liti-gent’s fees And who need a good many to live at your ease; Grave or gay, wise or witty, what e’re your degree, Plain stuff or state’s counsel, take counsel of me: When a festive occasion your spirit unbends. You should never forget the profession’s best friend; So we’ll send round the wine, and a light bumper fill To the jollv testator who makes his own Will.” «?« ♦ 3' An honest old blacksmith upstate, dispairing of ever getting cash out of a delinquent debtor, agreed to take his note for the amount due. The debtor wished to go to a lawyer and have the document drawn up. but the knight of the anvil, who had been a deputy sheriff in days gone by, felt fully competent to draw it up himself. This he proceeded to do, with the following result: “On the first day of June, I promise to pay Jeems Watson the sum of Forty-two Dollars, and if said note be not paid on the day and date aforesaid, then this instrument is to be null and void and of no effect.” ♦ ♦ A burglar, who had entered the home of a young lawyer at midnight was disturbed by the awakening of the young lawyer while he was in his room. Drawing his gun, he said: “If you move, you are a dead man. I’m hunting for money.” “Wait. I’ll strike a light,” said the young lawyer, “and I’ll hunt with you.” J» A newlv-made magistrate was gravely absorbed in a formidable document. Raising his keen eyes, he said to the man who stood patiently awaiting the award of justice: “Officer, what is this man charged with?” “Bigotry, your Honor. He’s got three wives,” replied the officer. The new justice rested his elbows on the desk and placed his finger tips together. “Officer,” he said somewhat sternly, “what’s the use of all this education, all these evening schools, all the technical classes, an’ what not? Please remember that in any future like case, a man who has married three wives has not committed bigotry but trigonometry. Proceed.” » • $ Professor Schofield—W hat is homicide se defendendo? Law Student It is where a man kills himself in self-defense. 117



Page 131 text:

A graduate of a Far Western Law School wrote to a prominent lawyer in Pennsylvania to find out what chance there would he for him in that part of the country. “1 am a Democrat in politics,” he wrote, ‘‘and an honest young lawyer.” “If you are an honest lawyer,” came the reply, “you will have no competition, and if you are a Democrat, the game laws will protect you” S S “Testators are good, but a feeling more tender Springs up when I think of the feminine gender! The testatrix for me, who, like Te-lemague’s mother. Unweaves at one time what she wove at another. She bequeaths, she repeats, she recalls a donation. And ends by revoking her own revocation; Still scribbling or scratching some new codicil, Oh! success to the woman who makes her own will.” ♦ ♦ ❖ An Irish judge tells the following story of one of the juries in the south of Ireland where he was trying a case. The usher of the court proclaimed with due solemnity the usual formula: “Gentlemen of the jury, take your proper places in the court.” Whereupon seven of them, instinctively, walked into the dock. ®fje i)ook Were the moss is a carpet; the maples, the walls. Where a stream sings a sweet lullaby. In this dwelling that boasts neither doorways nor halls; Where you gaze through the leaves at the sky; Where a feathered inhabitant calls to his mate As he flits thru the verdure above; Where lest you disturb, you move not, but wait. Enchanted by wild songs of love. It is there I would go to recline and repose. To muse, to forget, and to dream; To admire this beauty that vividly shows The work of a Master Supreme. Allkn S. Dolgix.

Suggestions in the Temple University School of Law - Restatement Yearbook (Philadelphia, PA) collection:

Temple University School of Law - Restatement Yearbook (Philadelphia, PA) online collection, 1967 Edition, Page 1

1967

Temple University School of Law - Restatement Yearbook (Philadelphia, PA) online collection, 1988 Edition, Page 1

1988

Temple University School of Law - Restatement Yearbook (Philadelphia, PA) online collection, 1992 Edition, Page 1

1992

Temple University School of Law - Restatement Yearbook (Philadelphia, PA) online collection, 1993 Edition, Page 1

1993

Temple University School of Law - Restatement Yearbook (Philadelphia, PA) online collection, 1926 Edition, Page 125

1926, pg 125

Temple University School of Law - Restatement Yearbook (Philadelphia, PA) online collection, 1926 Edition, Page 5

1926, pg 5


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