In another case counsel was objecting to an amendment which had been allowed by the trial Judge during the progress of the trial, and he urged before the appellate Court that the Judge ought not to have allowed any proof to be given of the facts set out in the amendment until he was perfectly satisfied of their truth.

As to counsel, ore rotundo, a story is told of the late E. B. Freeman, Q.C., that at St. Catharines, in the course of an address to a jury, he succeeded in calling out the fire brigade. The case involved some point of acquiescence or failure to give notice of some fact and Mr. Freeman was descanting to the jury on the duty to give notice, and not to remain silent under certain circumstances. "Gentlemen," he said, "if I saw flames issuing out of the corner of this room, and I knew that the building was on fire, would I remain silent? No, gentlemen, I would call out "fire, fire, fire!" A man in the street took up the shout, the fire bells rang, and presently the fire brigade surrounded the building.

An old-time English barrister was John Williams, a sarcastic wit and a bachelor, with an intense prejudice against marriage.

His clerk one day asked him for a holiday to get married, and some months afterward, on entering his chambers, Williams found his dead body suspended from the door.

He engaged another clerk, and asked him if he was married. "No," the clerk replied; but, thinking Williams would regard marriage as a guarantee of steadiness, he added, "but I am going to be."

"Very well," replied Williams; "but understand thiswhen you hang yourself, don't do it here."

A story is told of John L. Toole, the comedian, and the late Lord Brampton. They were at supper together discussing the events of the day. The Judge incidentally mentioned that he intended, on the morrow, giving the man he had been trying fifteen years, because he deserved it. As Toole was leaving he blandly inquired:

Oh, would you mind my calling at the newspaper offices and telling them about that fifteen years? It will be a tip for them-exclusive information, you know-and will do me no end of good with the press."

VOL. XXVIII. C.L.T.R.-16a

"Good heavens! No, sir," exclaimed the Judge, who took the precaution of accompanying Toole to his hotel and seeing him safely to bed.

The Supreme Court of Canada has fixed a maximum of three hours for counsel's addresses, which decree has recalled some tales of over-long speeches. The story is told of a counsel who pressed his argument for a very long time with frequent repetition. "Mr. -," said the Judge, "you have said that before." "Have I, my Lord?" replied counsel, apologetically, "I am very sorry; I forgot it." "Don't apologize," was the judicial response, "it was so very long ago.” An American lawyer who semed unable to arrive at the end of a prolonged speech, at last ventured to express a fear that he was taking up too much time. "Oh, never mind time," observed the Judge, "but for goodness sake, do not trench upon eternity."

FROM QUEBEC.-Dear Mister: I have the honour to tole you that the Reverend Messieurs of the Grande Seminary have ordained me with instructions to poursuivre you for the scandalous nuisance to that vicinity of the paraquet which already yet because you have on your residence which makes much by abominable fracas. The Reverend Messieurs are interfered with when they make their devotions, and when the band of the Grande Seminary of 113 pupils was begin for play, and your dam paraquet was begin for schreech it is dreadful. Also one of the neighbours on the same street with yourself was very mad, he can't sleep on the afternoon and when he go for play the piano your bird yell and spoil his improvision.

Altogether you must put away that bird.

Please give me that undertaking without delay, otherwise I must institute the procedure.

Receive the assurance of my consideration.

Your obedient servent.

An Irishman was arraigned before a police Court Judge on a charge of assault and battery.

"Are you guilty or not guilty ?" asked the clerk, when he finished reading the charge, to which the prisoner replied: "How the devil can I tell until I hear the evidence?"

In a trial before a justice, in which the attorneys engaged were two young lawyers, one of whom, being pretty well off, had already purchased a very fine library of which he was exceedingly proud. The other not being blessed with a superabundance of this world's goods, had not yet been able to acquire any library to speak of. During the trial the attorney minus the library had at every conceivable opportunity emphasized the fact that the "law of the case" was in his favour, and in his opening argument made a long effort to prove that the law was with his client. In answering the argument the other attorney said: "What does he know about the law? What law books has he ever read? Why, he hasn't even a single text-book in his office. All the law books he has are a few annuals which he got for nothing, and an old copy of the statutes which some kind friend gave him." He then argued his side of the case and sat down. In reply to the opening of the answer, his opponent said: Yes, if it please the Court I admit that I am a poor man. I had no rich father to buy me law books and line the walls of my office with volumes of legal lore, but "-with a dramatic gesture, laying his hand upon his forehead, "my library is here," and seeking to produce a deeper effect, he paused, but alas, the pause was fatal, as immediately came the response, "Yes, bound just like mine, in calf."

66

MARRIAGES AND DEATHS.

APPELBE-SNIDER-On

MARRIAGES.

February 1st, 1908, at All Saints' Church, Hamilton, Ernest Francis Applebe, barrister, Kamloops, B.C., to Helen Hamil, second daughter of Judge Snider, Hamilton, Ont.

CAMERON-BARNHART-At Owen Sound, on February 12th, 1908, Margaret Goodson, of Owen Sound, to Colin Stewart Cameron, barrister-at-law, Owen Sound.

HANCOCK-WILSON-At Crumlin, Ont., on January 15th, 1908. John Henry Hancock, of Galt, barrister-at-law, to Edith May Wilson.

PARMENTER-HARGRAFT-At Holy Trinity Church, Winnipeg, on Thursday, December 26th, 1907, Miss Alice Hargraft to Reginald Holland Parmenter, of Toronto, barrister-at-law. SMITH-LIVINGSTONE-At Toronto, on February 1st, James Grayson Smith to Eva Livingstone, of Toronto.

DEATHS.

ALLEN-On 15th January, George W. Allen, Barrister, Fredericton.

NELSON-William J. Nelson, City Solicitor and Police Magistrate, Rossland.

PETERS-The Honourable Arthur Peters, K.C., President of the Executive Council, and Attorney and Advocate-General of the Province of Prince Edward Island, died at his residence " Elmwood," Charlottetown, at 7.15 p.m., on Wednesday, the 29th January, 1908.

MCINERNEY-George V. McInerney, K.C., of St. John, N.B., died on 12th January.

WALKEM-Hon. George A. Walkem, three times Premier of British Columbia, and ex-judge of the Supreme Court, died at Victoria on 14th January, aged 81 years.

KIRKPATRICK-In Vernon, British Columbia, on January 6th, 1908, Arthur Thomas Kirkpatrick, Barrister, second son of the late Sir George A. Kirkpatrick, K.C.M.G.

ELLIOT-At Yorkton, Sask., December 17th, 1907, Gifford Elliot,

Barrister.

MACLENNAN-On 20th January, A. A. Maclennan, Barrister, at Winnipeg.

TRUEMAN-Hon. Arthur I. Trueman, Judge of Probates for St. John City and County, died unexpectedly on 6th February. BURBIDGE-Mr. Justice Burbidge, of the Exchequer Court of Canada, died on 18th February after an illness of several weeks.

His Honor was given leave of absence from his judicial office at the time of the Christmas holidays, but since his confinement to his house has delivered judgment on all cases which were outstanding. In one day he handed out judgments in some thirty

cases.

The Hon. George Wheelock Burbidge was the third son of the late Arnold S. Burbidge, formerly of Cornwallis, N.S. He was born there, on February 6th, 1847, and was educated at Mount Allison University, where he took his B.A. in 1867 and his M.A. in 1870, and was called to the New Brunswick Bar in 1872, and practised his profession in St. John. He was secretary to the Commission for the Consolidation of the Laws of New Brunswick from 1876 to 1877, and was appointed Deputy Minister of Justice of Canada from 1882 to 1887, and a Commissioner for the Consolidation and Revision of the Statutes of Canada in 1883. He was created a Q.C. by the Marquis of Lansdowne in 1885, and was called to the Ontario Bar in 1887, and was the same year appointed to the position he held at the time of his death, that of Judge of the Exchequer Court of Canada. He also served as a Civil Service Commissioner, and as a member of the Board of Arbitration constituted to determine disputed matters of account between Canada and the provinces of Ontario and Quebec, and as a Commissioner appointed by the Government of British Columbia to inquire into certain matters in connection with the Nakusp and Slocan Railway. As Deputy Minister of Justice in 1885 he was entrusted with the supervision of the trial of Riel and other state prisoners. He argued the Liquor License Act before the Supreme Court of Canada, and conducted the appeal against the decision of the Court before the Privy Council in England. He received the hon. degree of D.C.L. from his Alma Mater in 1888. He was elected president of the Associated Charities of Ottawa in 1895.