Bench And Bar : a Complete Digest of the Wit, Humor, Asperities, And Amenities of the Law

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A LEGAL WAG.
Judson T. Mills, of South Carolina, was judge of a district court in Northern Texas, fond of a joke, but very decided in his discharge of duty. Thomas Fannin Smith was a practicing lawyer at the bar, and having shamefully mis- stated the law in his address to the jury, turned to the court, and asked the judge to charge the jury accordingly.
The judge was indignant, and replied, " Does the counsel take the court to be a fool ?" Smith was not abashed by the reproof, but instantly re-
... sponded, "I trust your honor will not insist on an answer to that question, as I might, in answering it, truly be considered guilty of contempt of court." " Fine the counsel ten dollars, Mr. Clerk," said the judge.
Smith immediately paid the money, and remarked it was ten dollars more than the court could show.
" Fine the counsel fifty dollars," said the judge.
The fine was entered by the clerk, and Smith, not being ready to respond in that sum, sat down. The next morn- 186 BENCH AND BAR.
ing, on the opening of the court, Smith rose, and with much deference of manner began, " May it please your honor, the clerk took that little joke of yours yesterday about the fifty dollars as serious, as I perceive from the reading of the minutes.


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