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An oath is the jurist's metaphysical pons asinorum, and like this should be used as seldom as ever possible. When it cannot be avoided, it should be taken with great solemnity, always in the presence of the clergy nay, even in a church or in a chapel adjoining the court of justice.... This is precisely why the French abstract formulary of the oath is of no value.
I am honored to have Professor Brierly beneath my roof, and this, I am sure," turning toward Matthews, "is Professor Brierly's associate, Mr. Matthews?" Jack bowed, acknowledging the distinguished jurist's smile. Justice Higginbotham turned toward Jimmy inquiringly, while the murmur of introductions among the other men was going on. A rich, deep voice interrupted: "Mr. Hale, isn't it?
The point of law Thurlow was called upon to resolve was, "Whether being a freeholder is an exception from being pressed;" and as Duncan was represented in counsel's instructions on what ground, other than his "appearance," is not clear to be a man Who habitually used the sea, it is hardly matter for surprise that the great jurist's opinion, biassed as it obviously was by that alleged fact, should have been altogether inimical to the pressed man and favourable to the Admiralty.
Furthermore he cherished an antipathy for Marshall which even led him to refuse in 1835 to attend a memorial meeting in the great jurist's honor. But these considerations do not wholly cover the case.
I never realized till then what imagination a jurist's head could contain. Perspiring freely, he set down a white mark, having exceeded by ten minutes the recognized time for examination. The second examiner was less enthusiastic. He made very few suppositions, and devoted all his art to convicting me of a contradiction between page seventeen and page seventy-nine.
You wouldn't have had him shield himself behind his wife." Lydia was looking at him with brows drawn tight in her effort to get quite clearly what she thought might prove at any instant a befogged technicality. But it all sounded reasonable enough, and she gratefully understood he was laying aside the jurist's phraseology for her sake.
I never realized till then what imagination a jurist's head could contain. Perspiring freely, he set down a white mark, having exceeded by ten minutes the recognized time for examination. The second examiner was less enthusiastic. He made very few suppositions, and devoted all his art to convicting me of a contradiction between page seventeen and page seventy-nine.
The judge insisted upon their answering, and proposed to compel them, but even the prosecution took fright and came to the rescue then, and helped stay the sturdy jurist's revolutionary hand. So the case had to go to the jury with that important point hanging in the air.
Then, what is still more important, the jurist's conception of society has its root in the relation between sovereign and subject, between lawmaker and those whom law restrains. Exertion of power on one hand, and compliance on the other this is his type of the conditions of the social union.
The Southern people asked this question in dumb amazement at the clamor from the North. And so the Day of Transfiguration on the scaffold dawned. Judge Thomas Russell and his good wife journeyed all the way from Boston to minister to the wants of their strange guest. There was in the distinguished jurist's mind a question which he must ask Brown before the rope should strangle him forever.
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