"Ah, ha'h, he-em! The question, so buried under a mountain of
complexity, requires very nice legal discrimination to define it
properly. However, we must be governed by distinct pleadings, and I
think that, in this case, this specific question is not material;
nor do my brother colleagues of the Bench think it would be
advisable to establish such questions, lest they affect the moral
purity of the atmosphere we live in."
"If your honour will permit it, I may say it will only be necessary
in this case to establish the fact of property existing in the
mothers. That will settle the whole question; fathers, as you are
aware, not being embraced in the law regulating this species of
property;" the learned gentleman instructs the court.
His honour, rejoining with a few very grave and very legal remarks,
says they look very much alike, and are of one mother. He is a
little undecided, however, takes another good stare at them, and
then adds his glasses, that the affinity may be more clear. Turning
again to his book, he examines his pages, vacantly. A legal wag, who
has been watching the trial for mere amusement, whispering in the
ear of his brother, insinuates that the presiding functionary is
meditating some problem of speculation, and has forgotten the point
at issue.
"No!" interrupts Mr. Petterwester, "your honour is curiously
labouring under an error; they have two mothers, both of the same
tenour in life--that is"--Mr. Petterwester corrects himself--"embodying
the same questions of property. The issue of the case now on is
taken as final over the rest."
"Ah! bless me, now-I-rather-see-into it. The clerk will hand me
Cobb's Georgia Reports. A late case, curiously serious, there
recorded, may lead me to gather a parallel. Believe me, gentlemen,
my feelings are not so dead-his honour addresses himself to the bar
in general--that I cannot perceive it to be one of those very
delicate necessities of our law which so embarrasses the gallantry
of the profession at times--"
"Yes! yer honour," the attorney for the defence suddenly interrupts,
"and which renders it no less a disgrace to drag ladies of high rank
into a court of this kind--."
His honour can assure the learned gentleman that this court has very
high functions, and can administer justice equal to anything this
side of divine power,--his honour interrupts, indignantly.
"The court misunderstood the counsel,--he had no reference to the
unquestioned high authority of the tribunal; it was only the
character of the trials brought before it. When, notwithstanding our
boasts of chivalry, delicate ladies are dragged before it in this
manner, they must not only endure the painful tenour of the
evidence, but submit to the insolence of men who would plunder
nature of its right--"
Public-domain text, read in full here on John Shaqi.
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