The Editor will be glad to receive contributions of articles of moderate length upon subjects of interest to the profession; also anything in the way of legal antiquities or curiosities, facetiæ, anecdotes, etc.

NOTES.

JIM JACKSON was brought before a Western Judge charged with chicken stealing. After the evidence was all in the justice, with a perplexed look, said, "But I do not understand, Jackson, how it was possible for you to steal those chickens, when they were roosting right under the owner's window and there were two vicious dogs in the yard."

"Hit wouldn't do yer a bit o' good, Jedge, for me to 'splain how I kotched dem chickens, fer you couldn't do hit yerself ef yer tried it fohty times, and yer might get yer hide full er lead. De bes way fer you ter do, Jedge, is jes ter buy yo' chickens in de market, same ez odder folks do, and when yer wants ter commit any rascality do hit on de bench whar yo' is at home."

AT Woodlawn, Missouri, there lives an eccentric character by the name of A. C. Mallory, who combines in his person the seemingly incompatible professions of the barber and the lawyer. Over the door of his combination barber shop and law office there hangs a sign bearing the words: "Attorney at Law and Tonsorial Artist." Mallory does a good business at both professions, and it is no infrequent thing for him to leave a customer, whose face is covered with lather or whose head is only partially shampooed while he draws up a deed or signs a legal paper. This story is told of him:

"Mallory was practising law exclusively twenty years ago. He was well up in the statutes, but wasn't up on the decisions

much. Still, his good common sense helped him over the rough places, but once in a while he ran against ran against the legal rocks. In his early days he defended against an attachment that had been sued out on a claim. The lawyer on the other side had a case directly in point. The old Squire asked Mallory if he had anything to say.

"It looks like it's against me,' said Mallory, 'but I'd like for the gentleman to read that last line again.'

"Opinion by Judge Sherwood; other judges concur,' the plaintiff's lawyer repeated.

"Ah, I thought so,' exclaimed Mallory with much relief. That is Judge Sherwood's opinion, but it says the other judges conquered. There are six other judges, your honor.'

"The way I look at it,' announced the Squire, deciding the case, ' Judge Sherwood conquered the other judges. The finding will be for the plaintiff, Mr. Mallory."

IN the district court of Des Moines, Iowa, recently, a negro preacher was indicted and placed on trial, charged with criminal libel. The prosecuting witness was a negro attorney who alleged that the preacher had libelled him by printing and circulating generally a four-page pamphlet in which he accused the attorney of being a gambler and of having been the cause of more than one happy home (among them the preacher's own) being disrupted.

The trial of the case occupied ten days and more than a hundred witnesses, all negroes, were called and testified. The defense of the preacher was that the alleged libellous pamphlet was authorized by the church at a meeting of the church board, called to investigate the matter, and that it was therefore privileged. The defense sum

moned as a witness one H. West, a black negro, to tell of the purpose and accomplishment of the meeting called to vindicate the pastor. The short-hand transcript of Mr. West's most important and lucid testimony is as follows:

Q. Mr. West, tell the jury the purpose in view in calling a meeting of the congregation.

A. That theh meetin' was called concernin' of a pamlet that weh to be published an' circled in the community at lahg to the end that the Pastoh's fust existence in the Chu'ch could be fully accomplished an' the 'fuculty in the congregation vindicated.

Q. Who were present at this meeting to explain the difficulty in the congregation; explain about that more fully.

A. Theh was a number of them that didn't tuhn out at all, an' theh was two that was theh I know didn't commune on the occasion.

Q. Do you know why they did not?.

A. Well, this 'fuculty weh up an' they didn't know how it was an' they didn't feel supposed to commune until it was satisfied.

Q. Tell us more particularly about that meeting on the first Sunday in April.

A. Theh was a meetin' concernin' of the pamlet that weh drawn up that this is brought to approval of an' with regahds of what had been goin' on heahtofoah, an' slanderin' an' arrest that had been made and hadn't even been proved bein' true, and it had been discussed several times on different 'casions to put an end to it, an' the three of us was stopped at a time to meet at this date to know what was to do about it an' we decided on him drawin' up a pamlet of any number he thought was nec'sary to be drawn up and circled among the citizens of Des Moines to give it consideration, as to put it to sunder foh the ones that was puttin' it out who didn't seem to want to do right by it. That was the way I understood it.

It only remains to be added that the preacher was convicted and sentenced to four months in jail.

HOWELL "That was a queer petition in bankruptcy that Rowell filed."

Powell "What was there queer about it?" Howell-"He gave his assets as one wife and his liabilities as alimony for three others."-Town Topics.

JIM WEBSTER was being tried for bribing a colored witness, Sam Johnsing, to testify falsely.

"You say the defendant offered you $50 to testify in his behalf?" "Yes, sah."

"Now repeat what he said, using his exact words."

"He said he would give me $50 if I-" "He didn't speak in the third person, did he?"

"No, sah; he tuck good care dat dar were no third pussons around; dar was only two -us two."

"I know that, but he spoke to you in the first person, didn't he?"

"I was the first pusson myself."

"You don't understand me. When he was talking to you did he say, 'I will pay you $50?" "

"No, sah; he didn't say nothin' 'bout you payin' me $50. Your name wasn't mentioned, 'ceptin' he told me ef eber I got into a scrape you was de best lawyer in San Antonio to fool de jedge an' de jury-in fac', you was de best in town to cover up rascality."

For a brief, breathless moment the trial was suspended.-Chicago Post.

We have a crime in this city of a new kind. A murder without the corpus delecti! There have been crimes that could not be proved. Counselor James A. Brady went into his barber shop one morning and found the man who shaved him in a highly nervous state. The famous criminal lawyer was annoyed.

"What's the matter this morning, Fritz?" he asked.

"I have been arrested this day, Mr. Brady."

"Arrested? What have you been doing?" asked the great lawyer.

"They say I have been stealing gas," was the reply.

"But you haven't, have you?"

"Vell, I don't know; I dug out under the street and connected up der pipe; und I have been burning the gas for a year."

"If that's all I will clear you," said the counselor, seating himself in the chair. "Don't cut me and I'll get you off."

At 10 o'clock of that day everybody in the police court was surprised to see Counselor Brady walk in. When the barber's case was called, he stepped forward as his attorney.

The testimony of the gas men was heard at length. Mr. Brady did not interpose an objection. When the prosecution had its evidence in, Brady turned to the justice and said:

"I ask for the production here before you of the corpus delecti." The gas could not be produced and the evidence of the crime. being absent the prisoner was discharged.

Mr. Brady had hardly got to his office before the gas company had an official there to ask Brady to draw a bill for the Legislature that would cover the stealing of an intangible thing. His fee was $10,000. This is a true tale because Mr. Brady told it to me himself.

This murder is of the same character.— Brooklyn Eagle.

"THE practice of law in the country may not be so lucrative as in the big city, but it is vastly more amusing," said a lawyer of prominence up in Senator Platt's home town, Oswego. "One experience rewarded me for all the trouble I had in getting to the scene of the trial.

"The case was going along smoothly and I was examining an important witness, when from the rear of the crowded court-room this remark was interjected in a loud voice: ""That man's a liar.'

"I hesitated a moment, expecting the judge, a bluff country jurist, to take some action. He said nothing, so I continued to question the man on the stand.

"Presently came another outburst from the voice in the crowd. It was to the effect that the witness had no truth in his make-up and his story was an offence against justice. Still the court said not a word.

"Feeling that it was up to me to do something, I asked the judge to have the person who dared to interrupt the proceedings committed for contempt. The Judge leaned over to me and whispered:

"I'd do it, counsellor, but I don't know how to draw the papers.'

"The court may have been weak on law, but he was strong on human nature. He pondered a moment and then turned to the witness, who was a big chap.

"Do you know who it was that called you a liar?' he asked.

"I do, your Honor,' said the witness. "Can you lick him?' the court queried. "That's what I can.'

"Then you go and do it,' ordered his Honor. This court is adjourned for fifteen minutes until this little matter of court etiquette is adjusted.'

"The witness left the chair, singled out a pugnacious looking but under-sized man in the crowd, grabbed him by the collar and yanked him out into the sunlight. In five. minutes the witness was back, slightly ruffled in his appearance, but smiling broadly. He resumed his place on the stand, the judge rapped for order, and the trial of the

NEW LAW BOOKS.

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. At the request of subscribers, however, The Green Bag will be glad to review or notice any recently published law book whether received for review or not.

ELEMENTS OF INTERNATIONAL LAW. By Henry Wheaton. Fourth English Edition, by J. B. Atlay. London: Stevens and Sons. 1904. (xxxv+848 pp.)

Doubtless Wheaton's safe title to immortality lies in his having been the reporter of the volumes of United States Reports which bear his name. Yet, for the present, he is best known-especially outside the United States as the author of the Elements of International Law, for Wheaton has had the distinction of being one of the very few American lawyers whose treatises have been accepted abroad and have there been kept alive by reëditing. The work originally appeared in Philadelphia in 1836. In the same year there was a London edition. There was another American edition in 1846. There was an edition in French in 1848, and again in 1853, 1856, and 1868-80. There were two American editions by Lawrence, 1855 and 1863. There is said to have been an edition in Chinese in 1864. (See Dana's Wheaton, note 8.) An American edition by Dana appeared in 1866. English editions by Boyd appeared in 1878, 1880, and 1889. The present edition is the successor of the editions by Boyd. It gives Wheaton's text without change. In smaller type there are textual additions, partly by Boyd and partly by the present editor; and these additions, as well as the foot notes and the appendices, bring the book down to date.

A few illustrations will serve to indicate how well the editor has performed his task and how interesting is the result at the present time-a time somewhat prolific of international questions.

Just now this is a pertinent passage: "Since 1899 all persons of whatever national

ity within the confines of Japan have been subject to the Japanese tribunals; as a return for this all limitations imposed upon foreigners in respect to trade, travel, and residence, have been removed. In the latter year Japan was invited to The Hague Conference, and her representatives signed the various conventions there adopted. In the Chinese War of 1894, with the grave exception of the Port Arthur massacre, Japan has striven scrupulously to comply with the highest civilized standards. Her soldiers were equally conspicuous for efficiency and humanity during the military operations which followed the Boxer rising in 1900. To her prompt despatch of a division of 21,000 splendidly-equipped troops, the relief of the Legations may be largely attributed. In 1902 an offensive and defensive treaty of alliance was concluded between Great Britain and Japan. In these circumstances it is impossible to dispute her right to rank among the powers who are, without reservation, subject to international law." (23-24). A few pages beyond one discovers this comment upon an American topic: "President Cleveland gave a startling illustration of the lengths to which the Monroe Doctrine might be pushed. In his message of December 17, 1895, he claimed for the United States the right to 'take measures to determine with sufficient certainty for its justifiIcation what is the true divisional line between Venezuela and British Guiana.'" (98.) Another American topic, the recent elevation of some of our diplomatic representatives to the rank of ambassadors, receives the brief attention of which it is worthy. (252-253.) Another American question, the dispute as to the Alaska boundary, receives a useful summary which includes the award of the tribunal on Oct. 20, 1903. (268-269.) Still another American topic, the Panama canal, receives due prominence, the editor closing his account thus: "On November 5, 1903, a revolution on the Isthmus, by which the inhabitants of the adjacent territory declared themselves independent of the Colombian Government, resulted in the proclamation of the Republic of Panama,

whose existence was recognized with remarkable promptitude by the United States; and when President Roosevelt sent his message to Congress on December 7, he was in a position to lay before the Senate a treaty with the new Republic for the building of a canal across the Isthmus of Panama." (317320.) There is an account of that incident of the presidential campaign of 1888, which resulted in our Government's sending passports to the British minister at Washington. (338-339.) The history of The Hague Peace Conference is given, including the judgment in February, 1904, on the preferential claims made against Venezuela. (405-407.) The "pacific blockade" of Venezuelan ports is mentioned as a source of "difficulties," with the comment that, "When in December, 1902, the fleets of Great Britain and Germany instituted a pacific blockade of the ports of Venezuela, the sinking of Venezuelan ships by the latter power was an act of war which would fully have justified Venezuela in having recourse to retaliatory measures which would not have been confined to the German fleet." (415-416.) The beginning of hostilities without previous declaration of war is discussed, with references to the Transvaal war of 1899, the attack on China in 1900, and the Russo-Japanese war of 1904. (418-420.) As to privateering, there is notice of the proclamation of the United States in 1898 of an intention to abide by the Declaration of Paris. (503.) The abolition of prize money by the United States in 1899 is noticed. (520.) Appendices give the English and American statutes as to naturalization, extradition, and foreign enlistment, the English Naval Prize Act, the Treaty of Washington of 1871, the articles of The Hague Convention of 1899, the Declaration of Paris of 1856, the English Territorial Waters Jurisdiction Act of 1878, the Suez Canal Convention of 1888, and the Anglo-French Agreements of 1904 as to Newfoundland fisheries, and Egypt, Morocco, Siam, Madagascar, and the New Hebrides.

Enough has been said to indicate that the present editor has brought the book abreast of the times. It remains to add that he has

written in a spirit of fairness, although even in this very creditable piece of work one sees that there is still reason why each nation should produce its own writers on International Law.

Wheaton's services to the world were not restricted to the twelve volumes of United States Reports, this famous treatise on International Law, and the less known History of the Law of Nations. This is not the place to attempt to do justice to his varied labors. One matter, however, must certainly not be omitted, for it is particularly appropriate at this time of discussion as to Panama, and it indicates Wheaton's desire to promote international good will through commercial intercourse, as well as through the development of law. To quote the words of Mr. W. V. Kellen, in "Henry Wheaton, An Appreciation:"

"He even elaborated a plan for a waterway from the North Sea across Germany to the Adriatic and the Mediterranean, forming, with a canal through the Isthmus of Suez, a route between Europe and the East Indies, as well as a second route from Europe and the United States to the Orient through the Isthmus of Panama, both these sea routes to be put under the common guarantee of all the maritime powers as a part of the great thoroughfare of Nations. 'It is a great and fine conception of yours, that of opening up a route from the North by way of Trieste to the Levant and into India. The world owes it to you,' writes his friend, Alexander von Humboldt, in 1846."

THE GOVERNMENT OF OHIO. By Wilbur H. Siebert. New York: The Macmillan Company. 1904. (xv+309 pp.)

This is one of a series devoted to presenting in considerable detail the governmental systems of the several States. The present volume, besides tracing, principally from the constitutional point of view, the history of the Northwest Territory and of Ohio, and describing the functions of the several departments of the State and local governments, contains an instructive presentation of the governmental functions, which by