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Mulross, whose sanity was not suspected, and whose ankle was now well again, was also invited, as were three other members of the Cabinet and myself as amicus curiae. It was understood that after dinner there would be a settling-up with the two rebels. Either they should recant and come to heel, or they should depart from the fold to swell the wolf-pack of the Opposition.
"Yes, sir; especially in the trial of a jury case; but he's had more experience that I have; he's now assistant city attorney of Louisville." "Where do you get that idea?" "Judge Dobson, that is what this court says in the case of Ewald Iron Company against The Commonwealth, 140 Ky. 692: 'Clayton B. Blakey and Amicus Curiae, attorneys for the City of Louisville." "What law books have you read?"
The magistrates were all elected by the Senate or the people, and sometimes proposed by the one and confirmed by the other. No case, involving the life of a Roman citizen, could be decided except by the Comitia Centuriata. The election of a magistrate, or the passing of a law, though made on the ground of a senatus consultum, yet required the sanction of the curiae.
Friday last was the day assigned for the appearance of Judge Pickering on his impeachment. He did not appear; but an amicus curiae suggested that the judge was insane, and tendered the proof of that fact.
The general symbolism of fertility is very clear; the goddess associated with the festival is Tellus, the earth herself, and the local origin of these festivals is shown in the fact that not only was the sacrifice made for the whole people on the Capitol, but separately in each one of the curiae.
But of his ritual and character we know practically nothing: the ritual was obscured because his festival coincided with the much more popular festival of the curiae, the stultorum feriae: of his character, we can only conjecture that he was to the Colline settlement what Mars was to the Palatine, whereas later after the complete amalgamation he seems to have been distinguished from Mars as representing 'armed peace' rather than war an idea which is borne out by the associations of the closely allied word Quirites.
Advancing a few steps, his handsome face aglow, his voice rang like a bugle call: "May it please your Honor: Anomalous conditions sanction, necessitate most anomalous procedure, where the goal sought is simple truth and justice; and since the prisoner prefers to rest her cause, I come to this bar as Amicus Curiae, and appeal for permission to plead in behalf of my clients, truth and justice, who hold me in perpetual retainment.
He is here participating as amicus curiae, and I have given him the right to question witnesses and to delegate that right to any of his officers he may deem proper. Mr. Coombes and Mr. Brannhard may also delegate that right as they see fit." Coombes was on his feet at once.
"If I had a hundred dollars in my pocket, that would be real property; if I had your note for a hundred, that would be personal property." "When, in a criminal trial, is the defendant declared to have been placed in jeopardy?" "When he acts like a jeopard." "Do you deem yourself qualified to render valuable and efficient assistance to a client or to appear as amicus curiae?"
They had also collectively an assembly, called Comitia Curiata, where the people voted on the measures proposed by the magistrates. The votes were given by the curiae, each curia having one collective vote. The assembly originated nothing, but decided upon the life of Roman citizens, upon peace and war, and the election of magistrates. This was the primitive form under the kings.
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