My opinion being taken, an action was issued, and, upon the traverse, this point of law arose: How, wherefore, and whether, why, when, and what, whatsoever, whereas, and whereby, as the boat was not a compos mentis evidence, how could an oath be administered? That point was soon settled by Boatum's attorney declaring that, for his client, he would swear anything.
The water-bailiff's charter was then read, taken out of the original record in true law Latin; which set forth in their declaration, that they were carried away either by the tide of flood or the tide of ebb. The character of the water-bailiff was as follows: "Aquæ bailiffi est magistratus in choici, sapor omnibus fishibus qui habuerunt finos et scalos, claws, shells, et talos, qui swimmare in freshibus, vel saltibus riveris, lakos, pondis, canalibus et well-boats, sive oysteri, prawni, whitini, shrimpi, turbutus solus;" that is, not turbots alone, but turbots and soles both together. But now comes the nicety of the law; for the law is as nice as a new-laid egg. Bullum and Boatum mentioned both ebb and flood, to avoid quibbling; but, it being proved that they were carried away neither by the tide of flood nor by the tide of ebb, but exactly upon the top of high water, they were nonsuited; but, such was the lenity of the court, that, upon their paying all costs they were allowed to begin again de novo. G. A Stevens.
CCCLII.
PLEADING EXTRAORDINARY.
May it please the Court—Gentlemen of the Jury—You sit in that box as the great reservoir of Roman liberty, Spartan fame, and Grecian polytheism. You are to swing the great flail of justice and electricity over this immense community, in hydraulic majesty, and conjugal superfluity. You are the great triumphal arch on which evaporates the even scales of justice and numerical computation. You are to ascend the deep arcana of nature, and dispose of my client with equiponderating concatenation, in reference to his future velocity and reverberating momentum. Such is your sedative and stimulating character. My client is only a man of domestic eccentricity and matrimonial configuration, not permitted, as you are, gentlemen, to walk in the primeval and lowest vales of society, but he has to endure the red-hot sun of the universe, on the heights of nobility and feudal eminence. He has a beautiful wife of horticultural propensities, that hen-pecks the remainder of his days with soothing and bewitching verbosity that makes the nectar of his pandemonium as cool as Tartarus.
He has a family of domestic children, that gathers around the fireplace of his peaceful homicide in tumultudinous consanguinity, and cry with screaming and rebounding pertinacity for bread, butter, and molasses. Such is the glowing and overwhelming character and defeasance of my client, who stands convicted before this court of oyer and terminer, and lex non scripta, by the persecuting pettifogger of this court, who is as much exterior to me as I am interior to the judge, and you, gentlemen of the jury.
This Borax of the law here has brought witnesses into this court, who swear that my client has stolen a firkin of butter. Now, I say, every one of them swore to a lie, and the truth is concentrated within them. But if it is so, I justify the act on the ground that the butter was necessary for a public good, to tune his family into harmonious discord. But I take no other mountainous and absquatulated grounds on this trial, and move that a quash be laid upon this indictment.
Now I will prove this by a learned expectoration of the principle of the law. Now butter is made of grass, and, it is laid down by St. Peter Pindar, in his principle of subterraneous law, that grass is couchant and levant, which in our obicular tongue, means that grass is of a mild and free nature; consequently, my client had a right to grass and butter both.
To prove my second great principle, "let facts be submitted to a candid world." Now butter is grease, and Greece is a foreign country, situated in the emaciated regions of Liberia and California; consequently my client cannot be tried in this horizon, and is out of the benediction of this court. I will now bring forward the ultimatum respondentia, and cap the great climax of logic, by quoting an inconceivable principle of law, as laid down in Latin, by Pothier, Hudibras, Blackstone, Hannibal, and Sangrado. It is thus: Hæc hoc morus multicaulis, a mensa et thoro, ruta baga centum. Which means; in English, that ninety-nine men are guilty, where one is innocent.
Now, it is your duty to convict ninety-nine men first; then you come to my client, who is innocent and acquitted according to law. If these great principles shall be duly depreciated in this court, then the great North pole of liberty, that has stood so many years in pneumatic tallness, shading there publican regions of commerce and agriculture, will stand the wreck of the Spanish Inquisition, the pirates of the hyperborean seas, and the marauders of the Aurora Blivar! But, gentlemen of the jury, if you convict my client, his children will be doomed to pine away in a state of hopeless matrimony; and his beautiful wife i will stand lone and delighted like a dried up mullen-stalk in a sheep-pasture. Anonymous.