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Updated: June 16, 2025
Now, there is absolutely nothing in this case to prove that he had any guilty knowledge to the effect that his account was too low to meet the draft in question. You have proven no scienter whatever." "Ah!" exclaimed the judge. "That is it! You have shown no scienter!" "Exactly!" cried Gottlieb "no scienter at all."
"That," asserted Mr. Tutt, wiping his spectacles, "is a document worthy of preservation in the Congressional Library. Who drew it?" "Don't know," answered Tutt, "but whoever he was he was a humorist!" "It's no good. There isn't any allegation of scienter in it," affirmed Mr. Tutt. "What of it? It says he assaulted Tunnygate with a dangerous weapon.
Tutt," said the judge, "now I will hear what you may wish to say upon the question of whether this issue should be submitted to the jury. However, I shall rule that the indictment is sufficient." Tutt elegantly rose. "Having due respect to Your Honor's ruling as to the sufficiency of the indictment I shall address myself simply to the question of scienter.
It is not so much to know the law, ran Henry D. Feldman's motto, paraphrasing a famous dictum of Judge Sharswood, as to look, act and talk as though you knew it. To this end Mr. Feldman seldom employed a word of one syllable, if it had a synonym of three or four syllables, and such phrases as res gestæ, scienter, and lex fori delicti were the very life of his conversation with clients.
He also recovered some property that had been taken away. Before consecration he had been compelled to profess publicly that he had had nothing to do with the murder of Archbishop Becket: "Mortem S. Thomæ Archiepiscopi neque verbo neque facto neque scripto scienter procuravit." He became very wealthy. He died in 1189 at Winchester, whither he had gone to welcome King Richard.
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