A Judge's Charge With Variations

The f alta wing comea frotn Georgia, and its aceuracy is vouched for by the stenographer who took it down: Judge was noted for the way he got mixed in his charges to Hie jury. On one occasion a case wa8 tricd béfoN liini the x i'uits Of wliich inay hc lnicllv statcd tlms: Smith brouglit snit ágaitUt .Iones iijioii i protnisory uole MvMl lol' a horse. Sonet'l defense was failure of considcration, he avierrlag tliai at the time of the purcbaae the hone had the glunders, of whicli lic died, and that Smitli knew it. Sniilli replied thut the horse did not have the ffUlldrs, but had the dlsteoper, aud that Joiic.kni'u il wlicu hc lioiifilit. The judjie cbarged the jury: "Gentlemen ot' tlif juiy, pay attentioo to the chai the CourU ÏOU have already made one mla trial of tUla case bccaiue you 'lid doi pay atti'iition to the charge of the Oourt, und 1 don't want you to do it agaln. I inti'iid to make.it so clear to yon thli time that vou cannot possibly nuikc any inistakc-ii tt is upou a Doteglreu for a pcomlasory bODM. 1 hope you und. Tstand that. N'.w. f you tiud tliat at the time of the sale Mniili hud the glanders, and Junes kncw it, Jones eannoi recover. That is olear, gentlumeii. 1 will state it again. II you ii iii that at the üine of the sale Jones liad the distemper, und Stnith knew t, then Smith eannot pooiblj recover. But, gentlemen, I will state it a third time, so that you eauuot possiblv uiake u miftake. If at the timé ot' the tale Smltb bad the glaáderSi and .Iones had the di-teinper, and the hoie knew it, then ncitlier Sniitli, Jones, nor tlie horse can recover. Let the